Phoenix, AZ asked in Construction Law for California

Q: I have done construction work under contract on several jobs. Zero money has been paid. Am I responsible for the work?

I entered into contracts for repair work on a residence that was in a trust. I delayed payment for the projects until the trustor passed as a courtesy. After the trustors passing family members disputed the trust. A Judge has ruled that the Trust is not liable for payment since the contracts were signed by a successor trustee.

Am I liable, as a contractor, for defects in workmanship or upkeep if I haven't been paid in any form for the initial work?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Construction Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: As a contractor, you may be liable for defects in workmanship or upkeep even if you have not been paid for the initial work. However, liability for defects may depend on the terms of the contract you entered into with the property owner. If the contract contains warranty provisions, you may be obligated to repair any defects in the work within a certain period of time.

In addition, if you have filed a mechanics lien on the property, you may have a legal claim against the property itself to recover payment for the work you have done. If you have not filed a mechanics lien, you may want to consult with a construction attorney to discuss your legal options for recovering payment and protecting your interests.

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