Legal Question in Construction Law in California

What is the statue of limitation to request payment of work done

Electrical contractor (B) subcontracts to (A). No written agreement. Doing business together for over 3 years.

Open invoices (17) totaling a little over $25,000. (A) said that the invoices were never received (2 - dated 3/22/06 and 4/19/06) and the invoices were submitted over 8 months, therfore will not pay. (A) has all the records of (B) doing the work. (A) gives (B) end dates for the daily charges of using spider boxes. No mechanic lien was done.

(A) got a lawyer to write a letter stating (B) to ''review charges very carefully to determine what, if any, part of the invoices can or will be paid.'' Also, ''to go through the disputed invoices and either delete them or carefullty delete any and all extra or extraneous charges that are contained in the invoices.''

All invoices were reviewed and all charges were correct. One invoice was changed per getting new end dates from (A). Are there any type of limitations that will result in (B) not getting paid? The charges on the invoices are consistent and numerous invoices have been paid even after 6-8 months by re-submitting the invoices. Now (A) doesn't want to pay. What should (B) do?


Asked on 2/28/07, 7:37 pm

1 Answer from Attorneys
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: What is the statue of limitation to request payment of work done

Statute of limitations on written contract is four years; on oral contract, statute is two years. there is no 6 or 8 month statute and the contractor is horsing you around. Stand firm and tell him if not paid, you will file conplaint with contractor's board and his license bond. If written contract - does contract have attorney fee provision?? If yes, point out that if you sue, you are going to get your attorney's fees on top of invoices amount.

E. Leoanrd Fruchter

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Answered on 2/28/07, 8:15 pm


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