Legal Question in Construction Law in California

Re: construction

In California the statute of limitations for suit on an oral contract is two years and for a written contract it's four years. However, the statute of limitations is usually held to start running at the time the agreement is breached. In your situation, it seems to be more a matter of the contractor's delay in submitting the bill rather than your delay in paying it; so I'd reason that the breach occurred on the date the final bill should have been sent, not the date it was due and you failed to pay it.....there being an implied provision in the contract that a final bill will be rendered soon after the formal completion date.

I did a brief search to see if I could find a rule or statute requiring a contractor to present the final bill by a specific date. I did not find one; this does not mean than none exists. Usually the problem is the other way around, or at least involves a contractor trying to exact charges that the owner disputes.

If you don't dispute the amount, I'd suggest paying it in exchange for the contractor giving you a "paid in full" statement and his agreement to indemnify you against claims of any unpaid subs or materialmen.