Legal Question in Construction Law in California

small claim

I am a sub contactor suing a prime contractor for the balance of invoices. He claims that I didn't finish the job and is producing bogus invoices hoping to prove that he had to pay other contractors to complete the work. I am looking for some written code or law that states that he needed to give me written notice of his intended actions ( that really didn't happen). If any one knows of such codes, please tell me where I can find them and print them so that I may show them to the judge. Thank you


Asked on 6/08/08, 7:07 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: small claim

Codes regarding notices aren't exactly what you need. If you intend to defend this yourself without counsel, you need to be able to prove at trial that you did in fact complete the job. Do you take pictures of completed work? You need to also be sure that your preliminary notices are in order, and that your contract with the prime is in order. Also look at whether you did or should have filed a Stop Work Notice when he failed to pay you the balance. As you are not in my area, I would urge you to contact a local attorney to go through your matter with you - there are a lot of factors that you need to analyze and be prepared to deal with at trial.

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Answered on 6/19/08, 12:44 pm


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