Legal Question in Construction Law in California
Property Management Company hasn't paid for work they approved on behalf of their clients. One invoice was sent out more than two months ago (remains unpaid), and another invoice partially paid. We're a General Contracting Company. What CAN we do about this?
Owner of Property management company continually lies to us that checks have been mailed out; but a week later, we haven't gotten anything.
2 Answers from Attorneys
Seems to me you'd have the same mechanics' lien enforcement rights against the improved property that you would have if you contracted directly with the owner/clients. (This thought is based on a general recollection of the applicable law, with no research).
Mr. Whipple is right (and my last job for a paycheck was Senior Deputy for construction law in the General Counsel's office at SFO, so I don't really need to look it up). As you should know as a general contractor, though, mechanics lien rights are easy to lose. The deadline for recording your lien is 90-days after completion of the work, unless they recorded a notice of completion, in which case it is 60 days. So you may have lost your chance already. If not, get it recorded now and then contact an attorney about getting it enforced. If you are in Northern California, or San Diego or Orange Counties, I would be happy to discuss how I might assist you.
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