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CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I'm a subcontractor. I provided a written quote via email to

Customer Question

I'm a subcontractor. I provided a written quote via email to a company working on a DEP project with federal funding. I invoiced the project on 5/9. I purchased supplies and paid labor to complete the project. My invoice was for $17,600.00.
After I waited 60 days the owner verbally told me 'the check is in the mail '. On two different occasions at which point I waited another week each time.
Now he wont answer my calls or emails.
Whats my next step ?
Submitted: 2 years ago.
Category: Employment Law
Expert:  CalAttorney2 replied 2 years ago.
Your next step is to file a breach of contract claim against the contractor to sue for your money. Unfortunately this exceeds the small claims jurisdiction so you are going to have to sue in general civil court, but this is not a complicated or complex case, so you should be able to handle this on your own.(Really, what you are hoping for is that the contractor will settle with you as soon as you file the complaint - you can even send them a "demand letter" notifying them that if you do not receive funds within 10 days of the date of your letter you will be filing suit - include a copy of your civil complaint that you will file in court if they do not).Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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