Legal Question in Construction Law in California

Re: 20-day notice

No, you can't sue the owner since you don't have a contract with him and you have no lien rights unless you filed the 20 day notice. Note that the notice can be served up to 20 days after you did work, but it covers only work done within that 20 day period. In other works, if you started work on day 1 and sent the notice on day 30, you can lien only for work done after day 10.

In regard to your problem, you can sue the contractor (and his contractor's licesne bond) for the balance due you. Also, file a complaint with the Contractor's License Board! His failure to pay is a violation of the contractor's license law (see Business and Professions code 7108.5 and 7120)

Good Luck

E. Leonard Fruchter

Re: 20-day notice

You cannot sue the owner unless you either had a direct contract with the owner or if you had a valid lien claim. You can still file a breach of contract lawsuit against the contract and make a claim on the contractor's bond. Filing a complaint wiht the Contractors State License Board will do you no good if a lawsuit is pending.