Legal Question in Construction Law in California
Is there a statute of limitations for this?
I am in San Diego, CA.I have had deposits on hold with a stucco contractor and an electrician since 1997 while the property went through a series of litigations with the city and then probate. Both contractors agreed to keep the deposits on hold until matters were resolved. None of us could anticipate how long that would take. The electrician was paid 5,000 which was 25% of the contracted amount for the job. No electrical work had been done on the building and the contract had no start or completion date on it. The stucco contractor had removed the old stucco which is listed as 3900. of the total contract price and he had collected advances totaling18,000 of a 20,000 contract for removal and replacement of new stucco. In February of 2008 the city ordered the building demolished and now that there is no chance of renovating the building do I have a legal remedy to get the 5,000 advanced to the electrician and the 14,000 advanced against work not yet performed by the stucco company refunded?
3 Answers from Attorneys
Re: Is there a statute of limitations for this?
I think the is the same question I just answered. The answer is "probably yes" for the reasons already given.
Re: Is there a statute of limitations for this?
Get yourself a good civil litigation attorney to negotiate or sue for the deposits. You'd better have good documentation of what you claim as to the agreement.
Re: Is there a statute of limitations for this?
It is up to the defendants to assert the statute of limations as an affirmative defense. Contact me directly.
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