Legal Question in Construction Law in California

Obligation of warranty if final payment wasn't made by customer

As a general contractor specilizing in additions and remodeling, I competed a $200K job, and the client didn't want to pay the last payment of $10K, disputing some work quality. I have good repetation and I never argue with my client, so I just walk away 3 months ago. No he called me for some warranty issue. What shoel I do? Can I ask him first to pay the $10 before any service will be provided?

Please help

Thank you

--name removed--


Asked on 11/18/06, 11:27 pm

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

Re: Obligation of warranty if final payment wasn't made by customer

Your duty to perform warranty work may be excused due to customer's prior breach. However, if their complaint re: workmanship is valid, then you may be in breach. I recommend that you contact your customer and try to work it out rather than just refusing to perform.

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Answered on 11/22/06, 1:26 pm
Terry A. Nelson Nelson & Lawless

Re: Obligation of warranty if final payment wasn't made by customer

Duh! You would consider providing more free service after being stiffed? You have a right to be paid in full, then you will provide any warranty needed.

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Answered on 11/20/06, 6:54 pm


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