Legal Question in Construction Law in California

Re: Incidental Damages

Generally speaking, such costs are not recoverable, unless they were forseeable at the time of contracting and/or there is an agreement that they are reimburseable. Based upon the facts you presented, it is unlikely that the GC could force the Sub to pay for the client's unreasonable demands.

At this point, you will likely hold firm and refuse to pay the demand. If the GC refuses to pay you, you will record a lien against the home and timely file suit to foreclose if necessary. You could also simply sue the GC, but a lien would likely be more efficient in extracting payment.

If the client refuses to pay the GC, then the GC's remedy is to file a lien against the home and/or proceed with suit.

For advice to your specific situation, contact an attorney familiar with construction and/or real estate litigation.

Good luck.

***No Legal Services or Attorney Client Relationship - Although this email may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this email as a source of legal advice. Until a formal Retainer Agreement is executed, any communication between you and The Guerrini Law Firm cannot create any attorney-client relationship between you and The Guerrini Law Firm.***