Legal Question in Business Law in California

Re: Non payment of contracted work

Two of the three previous answers are based on your being the kind of contractor, like a plumber or builder, who must have a license and who comes under the mechanic's lien laws. That may be, but I sense you meant you were working on a "1099" basis for an "employer" that had nothing to do with the building trades. If so, and you didn't need a license, you can sue and Mr. Cohen's advice about selecting a court is the starting point.

Re: Non payment of contracted work

You can always sue. Otherwise, it depends on what kind of contractor you are. For example, if you're a contractor in the construction world, you may have mechanic's lien rights, stop notice rights, etc. Certain industries have certain benefits for collecting payment. Some industries have nothing.

What kind of contractor are you?

Re: Non payment of contracted work

Depending on the value of the job, small claims or superior court.

Re: Non payment of contracted work

There are a variety of things you can do, depending upon the situation.

You did work for which a contractor's license is required, correct? If so, are you licensed? If not, then you have little recourse.

Assuming you are licensed, then are you in direct contract with the owner? Or just the GC?

If in direct contract with the owner, and you meet the requirements for timely service, then you can record and serve a mechanics lien.

If not in direct contract with the owner, then you can only record and serve a mechanics lien if you complied with the 20 day prelim notice statute.

If your lien rights are preserved and you have perfected a lien, then you have 90 days from date of recordation in which to file a lawsuit to foreclose on the lien (lest it go stale).

If you have no lien rights, then you sue the GC for old fashioned breach of contract.

This area of the law is extremely complicated. If you need additional information or would like to discuss your particular case (at no charge), call or email.

Good luck.

Re: Non payment of contracted work

Hello, if you have the paperwork (the contract) and you are a licensed contractor, you can sue the non-paying party in small claims court if the amount owed is below $7,500 or file a breach of contract lawsuit in the superior court if the amount exceeds $7,500.00.

Thanks.

Arkady