Legal Question in Business Law in California
Non payment of contract
I am in the windows business. I have a signed contract with a general contractor for $21,000. He was paid by the homeowner for the windows but never paid me and now does not have the money. Can i ask the homeowner for the money? The windows are located at homeowner jobsite.
2 Answers from Attorneys
Re: Non payment of contract
Sounds like you entered into a subcontractor ageement with the general. First question has to be, are you a licensed contractor? Are the windows already installed?
If so, your main claim is against the general, however, depending on the terms of your agreement, you may be able to place a lien on the job site or just go recover your windows, if they are not installed yet. Again, it depends on the terms of your agreement with the general and his agreement with the homeowner.
If you would like to discuss this in further detail, please feel free to email me at the address provided by LawGuru and we can discuss your situation in a private forum.
Re: Non payment of contract
There are special rules related to building contracts. You are a "materialman" -- someone who provides materials used in a construction project.
As such you are entitled to a lien against the real property where the work was/will be performed.
However, there are specific rules that you need to follow in order to be able to go after the property owner.
Feel free to contact me for a more detailed explanation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
