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What would be the best document to file in CA if we have not been paid for our last invoice?

Anonymous Subcontractor

We worked on a job for around 3 years and sent our last invoice only July 23rd that we have not received payment for. I am not sure if a 20 day notice was sent since we just signed up with Levelset and it would have been done through a previous process. What would be the best document to send at this time to try and secure payment for that last invoice?

2 replies

Chris Ng

Construction Lawyer

Attorney at Gibbs Giden Locher Turner Senet & Wittbrodt

| 370 reviews

Aug 22, 2019

It is essential to determine whether a prelim was sent or not. If not, your options may be limited, but it depends on a few factors. Is this a public or private project? Are you a direct contractor or a subcontractor? Is there a construction lender? Best, Chris (NOTE: The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The content contained herein is published online for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. This posting does not create any attorney-client relationship and is neither intended to constitute an advertisement nor a solicitation).

NOTE: The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The
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J. Mike Ross

Managing Partner at Miller, Ross, & Goldman

| 18 reviews

Aug 22, 2019

If the indebted party's A/P is on a 30-day net term, perhaps you should make a phone call to confirm your payment is scheduled prior to even considering a lien, especially if there's a risk your prelim notice wasn't served timely, or at all, on respective project parties. If your previous invoices have been paid on time during the course of a long 3-year project, that should set some precedent as far as your indebted party's intentions. Without knowing more about the project dynamics, if the project is complete, there may be progress payments/retainage held up due to pending inspections, lien waivers etc. Best of luck and I'd be glad to chat if I may be of further help.

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