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what can we do with a client that owns us more than 20K and its been 3 years since we completed the work?

California
Anonymous Subcontractor

Im a subcontractor that finish my work in a commercial building three years ago and the general contractor never paid in full for the work done. I never file a mechanic lien. Is it too late to do something to get pay?

3 replies

Partner at Flores Ryan, LLP
| 280 reviews
Nov 5, 2020

The statute of limitations for breach of a written contract in California is four years. So assuming that you had a written contract with your customer, you may still sue him to recover the amounts owed. Without a written contract, it is likely too late. 

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If y ou had a written contract for the work you can file a lawsuit against the contractor for breach of contract, which has a 4 year statute of limitations in California (can't comment on other states). If the agreement was oral, but you billed using statements sent over regular intervals in writing that were not objected to, you can also file a claim for account stated or open book account.  

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Attorney at Carlton & Alberola
| 93 reviews
Nov 6, 2020

You have 4 years from the date of breach on a written contract to file a lawsuit. Your problem is that it may not be worth it because of attorneys' fees. Maybe think about small claims court. You won't get all your money, but you will avoid attorneys' fees and costs. Good luck.

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