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What's my course of action to get paid.

I'm a GC in California. I have a cabinet closet project. Pretty much turning a bedroom into walk in closet. Scope of work is was cabinets for new room, new lighting, painting walls and ceiling, and staining cabinets. Cost of job 63000.00. Got 50% upfront. I was in the middle of cabinet installation and got a call from the client to stop project. All electrical, demo, reframing, and ceiling painting was finished at this point. I also had all cabinets positioned for installation on site. Client said they wanted to sell house and cabinets were to custom for all potential buyers. I had already invoiced for another 29000.00 for second payment as I do once cabinets are on site. I talked to Client they wanted cabinets stored in the garage and would try to sell them to potential buyers. They told me to go forward with finishing the cabinet project in garage. I've invoiced every Friday for four weeks with no response. How do I move forward? Thank you, Eric Orr Orr Construction Inc.

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Mar 1, 2022

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Mar 1, 2022

At first blush I'm somewhat concerned in the manner in which you requested the initial payments from the homeowner. Please see Business and Professions Code Section 7159. Regardless, if you're the GC and gave the "Mechanics Lien Warning" Notice along with your written contract, you should be able to either file a Mechanics Lien (if less than 90 days since project was completed or cancelled). If you did not serve the Notice along with the Written Contract, then you can file a lawsuit based upon breach of written contract. I anticipate the homeowner's attorney will give you a hard time regarding arguable non-compliance with 7159, but regardless you could still prevail on a Quantum Meriut theory even if your written contract is defective. If you don't want to deal with the litigation, you can send it to a collections agency and they can handle it. Now, it would probably be to your benefit to have a construction law attorney review your: contract; plans, permits, and invoices to provide you with a proper analysis and recommendations.

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Mar 1, 2022

Dear Eric, If you are located in San Clemente, it looks like you may have a lot of issues concerning your contracting practices and the status of your license. I recommend that you consult with an experienced construction attorney to assist you.

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Mar 3, 2022

I would record a lien for the amount owed.

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