Legal Question in Construction Law in California

Gen Contractor vs Subcontractor

An old friend whom is also a General contractor hired me to do the marble, granite and exterior stone work on a large spec house was building. The aggreement was a cash price to install and fabricate. As we progressed costly additions were made to the scope of work. After not living up to his end of the bargain, we stopped work @ about 90% completion. And after I received a 1099 and alot of excuses. This was all to be done under his license. House closed escrow 2/16/07 and we have not been paid. $45k and have not heard from general/owner

Title Co says the money is being held by them. How do I collect.


Asked on 2/21/07, 10:03 pm

2 Answers from Attorneys
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: Gen Contractor vs Subcontractor

I assume that you do not have a contractor's license; thus you are an employee rather than an independant contractor. If the timing is right, you should be able to file a laborer's mechanic lien. That will give you leverage with the title company.

Good luck

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Answered on 2/22/07, 12:17 pm
Terry A. Nelson Nelson & Lawless

Re: Gen Contractor vs Subcontractor

By suing, if you can't get it resolved informally, which it sounds like you've already tried. You should have also considered filing a lien on the property to bring in the owner. I'll be happy to help you if interested.

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Answered on 2/22/07, 2:43 pm


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