Statue of limitation for paying a contractor for home improvement
I recently received a bill for $10,000 from a subcontractor. This is for a home improvement project 2 years ago. We have a main contractor and all the bills were paid within 6 mo of the job. Needless to say I was perplexed and called the subcontractor. He claimed that for some reason our bill just fell through the cracks and now he's asking us to pay. I vaguely remember he indeed work on the house but we don't have a written contract or an estimate from him for his work. This makes it impossible for us to compare his bill (plus a change order) he claimed we owe him. In this situation, is there a statue of limitation on payment for home improvement in California? And what you'd advise in our case.
Re: Statue of limitation for paying a contractor for home improvement
On the lien issue, the notice of completion is irrelevant. This sub had 90 days from the day it ceased work to record a lien. Civil Code 3116. Sure, if there were a notice, that time would drop to 30 days. But this work was two years ago, so notice or no notice, the issue is moot. The mechanics lien would be stale, and if there is one on the records, you can easily have it removed.
Since this work was on your home, the contract with you must have been in writing. Business and Professions Code 7150 et seq. Therefore, if this sub cannot produce a contract signed by you, you and a court could regard the absence of the contract in its records as as evidence that there was no contract. Evidence Code 1272.
Practically speaking, if you think you owe this money, you should pay it. But if you don't think you owe the money, you have plenty of defenses available, and may rightfully ask the sub to prove to you that you are legally obligated to pay.
Re: Statue of limitation for paying a contractor for home improvement
On the lien issue, the notice of completion is irrelevant. This sub had 90 days from the day it ceased work to record a lien. Civil Code 3116. Sure, if there were a notice, that time would drop to 30 days. But this work was two years ago, so notice or no notice, the issue is moot. The mechanics lien would be stale, and if there is one on the records, you can easily have it removed.
Since this work was on your home, the contract with you must have been in writing. Business and Professions Code 7150 et seq. Therefore, if this sub cannot produce a contract signed by you, you and a court could regard the absence of the contract in its records as as evidence that there was no contract. Evidence Code 1272.
Practically speaking, if you think you owe this money, you should pay it. But if you don't think you owe the money, you have plenty of defenses available, and may rightfully ask the sub to prove to you that you are legally obligated to pay.
