Legal Question in Construction Law in California

Payment issue

We expanded and remodeled our home last June and moved back last November. There were lots issues quality issues during the project. We paid contractor the last payment and marked the check Final payment Last February and verbally agreed I will pay him 1200 for fireplace material after fireplace issue and all remaining issues have been fixed. So far fireplace issue had been fixed and the fireplace vendor want the money but I refuse to pay the contractor because none of the remaining issues have been done. We don't have the contract with the fireplace vendor but we did came to the store to select fireplace and we was told the fireplace we selected is around 1500. The fireplace vendor invoiced contractor last year $2900 but contractor didn't pay it and he refuses to pay now because we didn't pay the 1200 (1200 is the price in the construction contract).

My question is can I hold the 1200 for remained unfinished works from contractor? Can fireplace vendor sue me for it?

Thanks


Asked on 8/12/08, 2:41 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Payment issue

First, yes the fireplace vendor can sue you, or if they provided the proper notices, they can file a mechanic's lien against your home and sue to enforce that lien. Second, the contractor can record a lien and/or sue you as well if the progress payment ($1,200) was specifically earmarked for the fireplace, and you admit that it is completed and the contractor is due that payment under his contract. You need to have the contract with the contractor and the other facts surrounding this matter with an attorney - there are too many factors involved to provide a thorough answer through this forum.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 8/12/08, 4:57 pm


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