I am a contractor who did some work for an apartment complex back in March of this year. The maintenance supervisor at the time signed my contract which provides for arbitration as an option for nonpayment. I did not file a lien because I was in contact with the Manager who assured me that payment was being processed. By the time I realized I was not going to be payed, the time limit to file a lien had passed. I sent them a Demand Letter in August which was ignored. Should I proceed with arbitration or a lawsuit. This is the first time in nearly 20 years that I have been faced with this situation.
To really 100% know, a construction lawyer will need to read your contract. But, if you've got an arbitration clause in there that's probably what you have to do--unless you and the apartment complex agree otherwise. If you file in Court and there's a valid arbitration agreement, they can force arbitration.
We, or probably any other responding attorney, can probably talk you through the steps.
Hi—
I’m sorry you’re in this position. We can help! How much are you owed?
Best regards.
--Scott
Scott L. Baker, Esq.
BAKER & ASSOCIATES
1875 Century Park East, Suite 1490
Los Angeles, CA 90067
O: 310-553-2253 x222
F: 310-553-2254
slb@bakerslaw.com
www.bakerslaw.com