Legal Question in Construction Law in California
late submission of invoice
I completed work on a new home construction project. 14 months later, a supplier sent me an invoice for materials delivered saying it had slipped through the cracks. The job is long completed and the homeowner paid all bills submitted and has their cert of occupancy. I doubt they will be willing to pay at this late date but the supplier is saying we, not the homeowner is responsible and must pay. Is this correct? Is there no statute of limitations?
3 Answers from Attorneys
Re: late submission of invoice
Work it out. The statute is four years. The supplier could sue you, and you can sue the homeowner, unless your terms included a final sign off that all bills were paid. Tell the supplier to pound sound, that it was not your fault, and you're not going to pay for his mistake.
Re: late submission of invoice
Depending on whether the contract is founded on a written instrument or not, the statute is 4 or 2 years. However, this is a perfect argument for the legal principal of latches. You didnt mention whether it was for $5k of $500k, but let me know if you want to hire me to deal with this. Saying the wrong thing may help make their case, and they may decide to sue.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
Re: late submission of invoice
The answer to your question depends on a variety of factors. First, what was the nature of your contract with the owner? Was it lump sum, cost plus fixed fee, etc? What were the payment terms with the homeowner?
Additionally, what were the terms of your contract with the supplier? Was the contract written or oral? How much is at issue?
Feel free to contact me for a free consultation.
Good Luck.
www.SoCalConstructionLaw.com
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