Legal Question in Construction Law in California

I built a home for a client and never received final payment> How long do I have to file suit.


Asked on 3/05/12, 4:57 pm

2 Answers from Attorneys

If you had a proper written contract, which as a licensed contractor you know you are required to have (right?), then you have four years from the breach of the contract. If you want to assert a mechanics lien claim your time is MUCH shorter - measured in days. If you are within 90 days of substantial completion, call a construction attorney NOW to see if you can preserve lien rights.

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Answered on 3/05/12, 5:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The statute of limitations on a written contract is four years from the date of breach, which would probably be the day after the last date the final payment was due but not delinquent. Certain facts can operate to give your an extension.

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Answered on 3/05/12, 9:00 pm


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