Legal Question in Construction Law in California
barter as part of contract
we have a $5k barter for dental services in construction contract with a dentist. project is nearing completion and dentist refuses to provide rate sheet for dental services so that we may be assured that the full amount of barter owed is paid on contract. if we withhold completion of project are we liable? should we complete the project and file a lien? is there other recourse?
1 Answer from Attorneys
Re: barter as part of contract
Unless otherwise agreed to, payment is usually not due until you complete the work under the contract. If you have a reasonable belief that the other party may anticipatorily breach the agreement, you can seek written assurance of his intent to perform.
As a direct contractor, you don't need to file a 20-day pre-lien notice before recording the mechanics lien.
In terms of legal action, given the amount at issue, you should seriously consider the small claims route.
[The statements and opinions provided above are an informational service to the general public. Since this reply is based upon an incomplete description of facts, this email should not used as a substitute for legal advice from a qualified and fully-informed attorney. Moreover, these communications are intended for use by the public. As such, this email does not constitute a confidential communication nor does it create an attorney-client relationship with Lynes & Associates or any of its members.]
Related Questions & Answers
-
Contractor agreement/project abandonment I am a contractor in the midst of a... Asked 2/13/07, 11:42 am in United States California Construction Law