Legal Question in Construction Law in California

I am a contractor hired to do framing, plumbing, and now a roof. The framing phase is done. The plumbing is now completed but due to changes by the project supervisor, I am over $4000 what was originally bid. And when I try to discuss this with him, he escalates the discussion into a confrontation with him yelling obscenities and personally attacking me. I also have a roof contract with him which is now on hold because he wants to finish the drywall first, which is now going to take a month. He had previously always paid the draws, but now is stalling. I am not sure what to do. Can I abandon the project, and if so, what do I need to do legally? I have put in a 20 day preliminary lien to the owner, who seems absent in all of this chaos. I really would like to resolve the issue and get paid for the out of pocket costs for the plumbing as well as finish the roof, but have received either no response or obscenities back from the owner and project manager.


Asked on 11/23/11, 4:10 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I do not have much experience in construction law but since no one else has answered your question I will give you some general suggestions. E-mail both the owner and project supervisor and tell them in detail what the situation is, what you want to do, that you are owed money for which you will have to attach a mechanics lien if you are not paid, you are not willing to be verbally assaulted again, you demand that you be paid the money owed you and the owner needs to decide if he wants you to do the roofing project, pay you the profit you are losing from not doing the work, or be sued in Small Claims Court or elsewhere. If that does not work, you can give me a call to see if there is something else I can do for you. My number is 510-441-2684

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Answered on 11/26/11, 7:23 pm


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