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Should I file a lawsuit against my client?

CaliforniaLawsuitRecovery Options

We did an installation at our customer's property and they claim that we did damage to their building. They are withholding 41K from us because of their "claim". After numerous attempts and over half a year of trying to get any proof to back up what they are accusing us of, they have not provided and other info. Recently, they contacted us for service and gave us an ultimatum of paying half of the outstanding balance as a final settlement, or they would pursue litigation. We believe we did not do anything to that building so we are not giving up 20K just like that. They have many other mechanic liens under their company so we believe their claim that we did damage is just them trying to get out of paying or just getting a cheaper deal. What should we do?

2 replies

Jul 10, 2020

Prior to filing suit against them for the 41k owed you should allow a certified commercial collection agency attempt to resolve this debt on your behalf. This can be done on a contingency bases so you are not throwing good money after a problem account. If you would like a free quote just email me at srauch@rauchmilliken.com Best regards, Steve

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Jul 10, 2020
If an owner refuses to make full payment, and if the window for filing a mechanics lien has closed, then filing a lawsuit against that owner may well be the best course of action. Before opting to file a claim, though - it's usually a good idea to first send a demand letter that threatens legal claims if payment isn't made. So, that may be a good first step. More on that here: Construction Demand Letters – How To Write One That Gets You Paid. If pursuing legal claims does become necessary, there could be a variety of options on the table. Routes like breach of contract, claims under the California prompt payment laws, and claims under the state's retainage laws may be on the table, among others. If you're unsure about what claims to bring, then consulting with a California construction lawyer might help to decide what options make the most sense. If that sounds like a good idea, contacting one of these attorneys could be useful: Find a California Construction Lawyer. As Steve mentioned above, sending the debt to collections could be another fruitful option as well. As discussed in the following article, Levelset has named his firm as a top construction collection organization: Rauch Milliken International (RMI) | Top Collection Agencies for Construction Companies.
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