Legal Question in Construction Law in California
As a general contractor, how can I get paid for work and materials if the customer won't pay? Budget has gone up due to the customer making changes to the original estimate.
3 Answers from Attorneys
Did you obtain signed change orders from the client? You really need to sit down with a construction attorney in your area as you need someone to review the original contract, any change orders signed, and then what has transpired on the actual job. With the slim facts given, it's not clear if the materials went up in cost, or the customer changed the specs for the job which increased material costs - you really are going to have to hire someone to help you better understand your rights and obligations under the contract.
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As Mr. Gibbs suggests, I would be happy to meet with you for a no-obligation initial consultation. I have over twenty years of construction law experience representing every level of contractor, from Olsen/Obayashi to local painting subcontractors. The short answer to how you get paid, however, is document your increased costs, and if necessary record and enforce a mechanics lien.
As a general contractor, you need to know about mechanic's liens and how they are created, recorded and enforced. This should be part of every contractor's basic knowledge of the business, just like which end of a screwdriver is sharp, and you can't push on a rope.
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