Legal Question in Construction Law in California

Breach of Contract

We have a signed contract with a general contractor that is now trying to back out of it, we have already completed most of the work and they dont want to pay. What rights do we have and how do we go about getting paid for either the full amount of the contract or at least the work completed.

Asked on 6/03/09, 6:17 pm

3 Answers from Attorneys

Thomas W. Newton Tims & Newton

Re: Breach of Contract

Just another thought to add to those of Mr. Nelson and Mr. Fruchter - Depending on the type of project, and compliance with the requirement to serve a 20-day prelim, you may also have stop notice rights, which allow you to serve notice on the owner to withhold payment from the general.

Definitely put together all your documentation and contact an attorney who focuses on construction litigation.

Best of luck,

Tom Newton

Read more
Answered on 6/04/09, 2:29 pm
Terry A. Nelson Nelson & Lawless

Re: Breach of Contract

You have the right to sue if not paid. If you have lien rights on the property, use them timely. If it is worth hiring an attorney, and if serious about getting legal help, feel free to contact me.

Read more
Answered on 6/03/09, 6:24 pm

Re: Breach of Contract

I assume that you were a subcontractor on the projet. Did you serve a preliminary 20 day notice? If not, is it now too late to do so? These are questions that must be answered before I can advise you. In general, you may have the right to lien the job; you always have the right to sue the general contractor. A lot depends on how much is owed. Also, why dosen't the general want to pay? Is he unhappy with your work? You need to discuss the entire situation with a qualified construction lawyer ASAP.


Read more
Answered on 6/03/09, 8:43 pm

Related Questions & Answers

More Construction Law questions and answers in California