Legal Question in Construction Law in California

Mechanics lien

My husband who is a general contractor, hired a subcontractor to do a job at

our home which we are remodeling. The sub worked for 10 consecutive days

at our property . His equipment failed and a service was sent out to do

repairs. The equipment was repaired and set aside, so the operator could

return and finish the project. The sub then returned and picked up his

equipment saying he had another job to start. At this point the job was not

finished and he was working under the terms of his contract. WE were told he

could send out another piece of equipment and could finish the job at an

additional charge.

We then took pictures of the sub par job he had performed. (knowing what

we were possibly facing) He then sent us a bill for the full price of the

contract, plus some additional time tickets. We then set up a meeting to talk

about conflicts in our documentation of time etc... We offered him a price for

his services which he then became extremely irrate....We told him we did not

agree with his price, but would like to come to some kind of agreement and

wanted to pay him. He refused payment and filed a Mechanic lien on us. (no

20 day pre-lim was sent). What kind of steps should we take?


Asked on 9/27/05, 11:31 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Mechanics lien

There's lots of things you COULD do, but what you SHOULD do will require further inquiry to your situation.

If you can't negotiate a settlement, you always have the option of filing a complaint with the contractor's state license board. Depending on the amount involved, it might fall under their mandatory arbitration proceedings.

You are not required to give a 20-preliminary notice when your contract is directly with the owner. On the other hand, the sub needs to file a suit to foreclose the lien within 90 days or the lien becomes void.

Litigation MIGHT be in order, but at what cost? How much are we talking about? Maybe this is a small claims matter. Is there an attorney's fees clause in the contract?

My office is about 5 minutes from your area. Feel free to call me for a consultation.

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Answered on 9/28/05, 1:54 am


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