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?


Asked on 2/13/07, 7:49 pm

1 Answer from Attorneys

Steven Lynes Lynes & Associates

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.

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Answered on 2/13/07, 8:28 pm


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