Legal Question in Construction Law in California

Hello,

My question is: We did a project for a client over 5 years ago, one of the sub contractors on the project , just now sent us a notice of an unpaid bill for $6,000.

The project is closed and has been for some time, they are becoming persistent and have sent us a new invoice dated last month I have been in business for 30 years and have never had this type of issue. Can you please let me know how to handle this.

Also I am not even sure at this point if the work they are claiming was even done.

Thank you

Tom


Asked on 10/05/09, 3:37 pm

2 Answers from Attorneys

The statute of limitations for payment on a contract is four years, absent fraud or other reason that is YOUR fault that they didn't bill you.

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Answered on 10/05/09, 3:56 pm
Raymond Chandler Law Office of Raymond Chandler

Contact the sub and ask for proof that (1) there was a contract between you and them, and (2) that they performed their obligations under the contract, (3) a copy of the original bill, if any, and (4) why did they wait so long to send an original bill, or if they sent an original bill, why did they wait so long to send this one.

If they can't prove that there was a contract and that they did the work, then don't pay the bill.

Generally, a party to a contract must bring a breach of contract action within 4 years of the time of the breach. If the sub can prove that there was a contract and they did the work, based on your info, it has been more than 4 years since a breach by you for non-payment.

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Answered on 10/05/09, 4:01 pm


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