Legal Question in Business Law in California

Is there a time limit for billing in the state of Ca. I am a cresidential home building contractor. Last week I received a call from a soils engineering company saying thet were billing me for work done in Nov. 2008. I have no recollection of the work. They have now invoice me for $887.


Asked on 3/31/11, 2:43 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

suit on written agreements can be filed within 4 years of breach. You may have a problem. Work it out or risk being sued. in small claims.

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Answered on 3/31/11, 2:48 pm

If they did not have a written contract with you, they missed their chance. Without a written contract the limitations period is two years.

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Answered on 3/31/11, 2:50 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As you can see from the previous answers, it isn't so much of a question of timely billing as it is an issue of when a lawsuit must be filed. I'd ask politely for proof that there was a contract and that they did any work. It could be a mistake. If the demand is based on an oral contract and there is nothing in writing to establish its existence, it's too late for the soils contractor to sue you, and presumably also too late for any lien on the property.

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Answered on 3/31/11, 4:16 pm
Rodney Mesriani Mesriani Law Group

In California, breach of written contracts is actionable within four (4) years from the date of the contract. If they can show any contract or written proof that you asked for their services to be performed on one of your projects, then they can still file claim against you for the amount. Otherwise, their cause of action, if any, has already expired. However, what constitutes written or hard evidence, aside from the actual written contract for services, should be clarified further, as well as the avenues you can do to protect yourself from fraudulent claims.

We understand your situation and we believe that your case should be given a more thorough evaluation in order to be sure that you get the maximum relief, granted your situation. Accordingly, we would be willing to discuss your case and give you a free consultation to make sure that you are aware of all the important facts surrounding your case, as well as all your legal options to pursue your claim. Feel free to call us at (310) 826-6300. You may also visit our website at www.mesrianilaw.com for our firm�s background information.

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Answered on 4/06/11, 10:56 am


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