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Stop Notice on Retention after over 90 late payement.

CaliforniaPayment DisputesStop Notice

What if we filed a top Notice on a GC and they were over 90 days late, They paid but did not pay the retention owed. Do we then file another stop notice with the retention amount not paid?

2 replies

Nov 3, 2022

If the original stop payment notice included the amount of the retention, and you didn't already release your stop payment notice, then you don't need to serve another stop payment notice. The deadline to file a lawsuit to enforce the stop payment notice is short, so be sure to file your action before the time expires. 

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Nov 4, 2022
No, you just prepare a Partial Release of Stop Payment Notice to reflect the payment you received, which will leave the retention balance still owing. This assumes that your original Stop Payment Notice amount included the retention. I’m happy to answer any questions you have about this.
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