I finished a public works project in Ca. Punch list was almost nothing. GC then started ducking calls, emails and texts. Its been 8 months. I went by and handed him final bill. He said he would look at it later. We had a spreadsheet of changes which were approved. The bill is, to the penny, what was supposedly agreed to. He did make 2 progress payments, so the balance is due. Unfortunately, I did not apply any liens. The project may have been bonded by his company, not sure. I have local Counsel who will help with admission and can sue the GC for payment, also for possible fraud in this matter. He is simply not schooled in Public Works (Ca) and licensing, DIR and so on. In a prior cc with Levelset, I found out other subs have disputed with this GC. I believe, but I am not sure, he has been paid all but retainage. He did not offer my portion and that is, I feel, breach and unethical behavior. Please advise...
The GC should have submitted the claim as a pass through, but you would have needed to comply with contract requirements. You should have also put in a stop notice. At this point you need to send a demand letter threatening prompt payment penalties to see if you can get them back to the table.