Legal Question in Construction Law in California

Subcontractor Lien

My contract with the construction co. I hired stated complete labor & material in accordance to the following specifications: CONCRETE, CLEAN-UP, & 4'' CONCRETE. A month after the job was done, I recieved a certified ''Preliminary Letter'' from unknown concrete co. charging me more money with a notice that if not paid in full a mechanic's lien may be placed on my property. Can they do this even tho I have a contract? What can I do to fight this?


Asked on 3/21/03, 2:43 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Subcontractor Lien

Well, it all sounds OK except the more money part.

Were you around when the work was done? Did you have any contact with the contractor or the people on the job? A contractor can usually 'sub out' or assign duties, and anyone who did work or supplied materials can file lien notices, but raising the price is another matter.

Have you paid someone? Did you inspect? Was there any other correspondence to you that you forgot to read? Something is fishy here; either you have inadvertently omitted a fact or someone is trying to bilk you.

Your best course of action depends on the amount of money in question. You can't afford to sue or be sued over $500. The first course of action should be to sit down with the billing party and demand a FULL explanation in terms you can understand.

If that doesn't resolve matters, consult a local attorney to see if you have a serious legal problem. Mechanic liens seldom result in foreclosures, but they can, and that's serious.

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Answered on 3/21/03, 3:42 am


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