Legal Question in Construction Law in California

if i put a stop payment on a check given to my sub contractor because i issued credit to my customer for work that wasn't done by my subcontractor? is that legal


Asked on 1/29/10, 6:30 pm

2 Answers from Attorneys

I cannot imagine what in the world would make you think that could even possibly be legal. Not only is it a breach of your contract with the subcontractor, it exposes your customer to a mechaincs lien on their property for failure to pay subcontractors.

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Answered on 2/03/10, 11:20 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I respectfully disagree. Civil Code section 1719(b) seems to excuse stopping payment on a check for a range of reasons that might include yours. Look up the subsection and read it and see what you think.

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Answered on 2/03/10, 11:26 pm


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