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Discussion Starter #1
Hello,

I have a question and I was wondering of someone here could help me out. About two years ago I completed a job for a GC worth almost $30,000. I had done about 25 jobs previously for him, and never had a problem.

This time though, he started evading me. I put a lien on the project (which has expired by now), I've had two collection agencies try to collect from him which he has avoided too, and ignored all my attempts to contact him.

I'm fed up with this and want to collect my money. Is it possible to file a lawsuit against him for Breach of Contract? The project was completed according to contract, on time, and without incident.

Is it possible to sue and try to collect even after the lien has expired? What would be the best thing for me to do, or just forget about the money?
 

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Like Rs and Warren said.
I can't figure why you would wait 2 years for 30 grand. You'll spend most of that if not more on the attorney. BUT go talk to one. Sounds like you just paid for some expensive continuing education credits.
 

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The answer lies in the exact wording of your contract with the GC. No, not what you want it to read, but what it really reads.

You will pay an attorney and they will tell you what the contract reads and their interpetation
The GC will pay an attorney and they will thell the GC what it reads and their interpetation

Then, a judge will tell both of you what it really reads, and no matter what, the attorneys will be really happy.
 

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Discussion Starter #6
thanks

Yea, but I've never sued anyone before because usually collection agencies and liens did the trick. Thanks for the replies everyone.

Has anyone here been through the process? Can you tell me the approx. amount of time and money it could take to get through the process?
 

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Yea, but I've never sued anyone before because usually collection agencies and liens did the trick. Thanks for the replies everyone.

Has anyone here been through the process? Can you tell me the approx. amount of time and money it could take to get through the process?
Been through it plenty of times, and the answer is No, not on an internet forum anyway.

Way to many variables to look at; the specifics of your actual contract; any correspondence between you and GC; any attempts at remediation you have undertaken; documentation of the contract and job; after 2 years, paperwork gets harder to find, and memories start to fade.

Your best bet is to have a face to face with a construction attorney in your area, and I mean one that specializes in construction law. Call them and ask for a free initial consultation and go to them and lay out the facts. They will then best be able to guide you.

No disrespect, but why the concern over how long it will take, after all you waited 2+ years to pursue the matter?
 

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1) research the lien laws for your state. If you have a contractors board go to their site and look them up.
2) The contractor may have bonded around your lien
3) Hire someone to find his assets, if he doesn't have anything you won't get any thing. A judgment is a piece of paper. It still has to be enforced to collect any money.
4) In California, the state passed a law that requires all Generals to pay the subs within 30 days of receiving payment. If they don't they are in violation of contracting laws. You must take them to court and get a judgment before the contractors board will take action. Research your laws again with the contractors board.
5) Consider going to small claims court. I think you can only get up to 25,000, but it is inexpensive, quicker, and you don't need a lawyer in that court. Bring the facts and present your case. Remember, it is just a judgment, not money. Hope this helps. best of luck.
 

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You better check with the county clerks office, there may be a statute of limitation that you needed to file by...usually 2yr time frame. If your state has that you may be SOL.
 

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Pompass Ass
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Hello,

I have a question and I was wondering of someone here could help me out. About two years ago I completed a job for a GC worth almost $30,000. I had done about 25 jobs previously for him, and never had a problem.

This time though, he started evading me. I put a lien on the project (which has expired by now), I've had two collection agencies try to collect from him which he has avoided too, and ignored all my attempts to contact him.

I'm fed up with this and want to collect my money. Is it possible to file a lawsuit against him for Breach of Contract? The project was completed according to contract, on time, and without incident.

Is it possible to sue and try to collect even after the lien has expired? What would be the best thing for me to do, or just forget about the money?
You may have either 4 or 5 years to sue, even though the lien expired you can still sue him.
 

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Still waiting to hear why this hasn't gotten to court yet. I was once owed $10G and we were at pretrial in less than 90 days.
 

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RenoMedics
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Lawyer Up or keep wasting your time. It sucks and It happens to the best of us! Norio Avila

And then people wonder why contractors become jaded! Norio Avila

You really shouldn't of waited so long but as far as I see it People who don't pay Contractors or Companies should be charged with FRAUD!!!! Too bad you cant hire him/her for their services and then tell them to kiss your hammer. Norio Avila

Renomedics has started a website that is scheduled to be released in 2010 that contractors can report Shady Customers Lets Black list them all !!! Norio Avila
 

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Discussion Starter #13
Warren, did u take it to small claims court or hire an attorney? How did it play out and did you get your money?
 

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Warren, did u take it to small claims court or hire an attorney? How did it play out and did you get your money?
I hired an attorney after placing the lien myself. When I went to see the attorney, I had a check that I just received from the contractor for $9000.
The attorney told me I should probably just cash it and be on my way because his fees would probably be $1500 to $2000. I told him I didn't care as long as this guy paid the full amount, which he did after our pre-trial meeting with the judge. Of course I didn't wait 2 years to do something about it. Must be nice to have so much money that you can afford to wait that long.
 
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