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What should I do if my client refuses to pay me according to stipulated payment schedule in our contract?

CaliforniaConstruction ContractMechanics LienPay ApplicationsRetainage

I am a prime contractor and have completed 85% of my obligations according to the contractual agreement I signed. Now my client refuses to release funds I was supposed to receive one month ago. I need this money to complete the remaining 15% of project I am still obliged to complete. He claims that I've taken longer than agreed, but that is incorrect and I am still within permitted time according to our contract. I've paid labor and materials for 25 days prior to this and am being hindered in my ability to complete my obligations by his actions. What would be advisable for me to do in this situation? Thank you for your valued advise.

3 replies

Sep 29, 2020
Make sure you’ve put your requests for payment in writing and sent them invoices, and advised them of your position. E-mails are fine but text messages don’t make good evidence, so if you just have texts, make sure you send them an e-mail with your position and a copy of the bill. You want to make sure you’ve told them that your work is not late and that you’re still within the time specified in the contract. Sometimes a letter from an attorney to the homeowner threatening the homeowner with a mechanic’s lien and a lawsuit can help. I’m happy to answer any questions you may have. Cathleen M. Curl, Esq. Law Office of Cathleen M. Curl 700 El Camino Real, Suite 200 Millbrae, CA 94030 T 650-871-5955 F 650-588-7101
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Sep 29, 2020
Thank you very much for the insight. I will follow your advise!
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Sep 29, 2020
Good luck to you!
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