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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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Had a contractor put 400 feet of Brown gravel on a Gray gravel

Customer Question

Had a contractor put 400 feet of Brown gravel on a Gray gravel driveway...How to correct damage to my property have listing papers in hand but with driveway mess cannot proceed with sale of property. Does California have "Pay under Protest" to keep contractor from filing a lien while I sort best resolve debauched driveway? removed contractor from job with $2,700 amount of charges on $4,100 contract. Driveway only 1/2 covered and has structural issues, including filled drainage ditches and no crown to facilitate draining?
Have three bids from other grading contractors in the ballpark of $10,000 to remove brown rock, repair grading damages and apply gray rock. Kindly advise?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, while there is no codified law as far as 'paying under protest' is concerned, the courts will recognize it if you send a check, and in the check place that notification as part of your description. Legally you can sue them for breach of contract or for costs of repair if they ended up damaging your property, but if you do not pay them in full first, they can seek to place a lien against the property. So it is best to pay first, do so under protest, and then sue them for damages and/or costs...but make sure that you pay them off first.
Dimitry, Esq.

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