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About Peter M. Elliott
Expertise
First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only.

Experience
Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

 
   

You are here:  Experts > Industry > Construction Industry > Construction Law > Statue of Limitations for Construction Non-payment Case

Construction Law - Statue of Limitations for Construction Non-payment Case


Expert: Peter M. Elliott - 4/28/2004

Question
What is the statue of limitations for filing a lawsuit regarding non-payment?  The case involves a very small Los Angeles electrical engineering company and a MAJOR corporation who did not get paid for some of their work. We (the Electrical company) have been requesting payment and have been in discussions with them for the past three to four years. All we have gotten is promises to pay followed by no payment.

Any direction as to whether or not we can sue this major corporation would be of great help.  Thank you

Answer
Hi Lisa,

This question is outside my knowledge, but you could try looking at the web site http://www.cardreport.com/laws/statute-of-limitations.html, as the law will be similar.  

I suggest that you get a fixed fee half hour discussion with a lawyer who specialises in debt collection, or you could talk to a debt collection agency.  Before you talk to anyone, you need to make a file of correspondence and amounts and contract details so that the adviser can read them before you have your face to face meeting (it's cheaper that way and your thoughts are more organised in the process).  Finish the dossier with specific questions regarding costs and chances of recovery.  

Good luck.

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