Legal Question in Construction Law in California

Client refuses entry for repairs to avoid pmt.

Can you please explain the legalities where a client who contracted my company to build a swimming pool is withholding final payment because the client claims there are incomplete items. We have agreed in writing to the homeowner and her attorney to correct every item on her list. When the crew showed up to complete these items she refused them entry and called the police. Now we are willing to do whatever necessary to please the client and her attorney. Both have refused to return our calls. The City Building Inspector signed off on the final inspection, and the homeowner is enjoying her swimming pool, yet we have not received final payment because she claims there is work still needed to be done. The attorney claims the work sub-standard but will not return any corespondence to rectify the situation. Is this legal? Can I file the Mechanic's lein? And is what she and her attorney doing legal?


Asked on 8/31/06, 1:27 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Client refuses entry for repairs to avoid pmt.

Record your mechanic's lien asap. After recording, you have 90 days to sue under it. Document all your efforts to appease the client. Consult an attorney next. Good luck.

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Answered on 8/31/06, 1:30 pm
Terry A. Nelson Nelson & Lawless

Re: Client refuses entry for repairs to avoid pmt.

If not too late, sure, go ahead and file your mechanics lien, but the real issue is for you to file suit. They've made it clear they aren't cooperating with you, so you have no other choice. Feel free to contact me if interested in legal help.

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Answered on 8/31/06, 2:37 pm


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