Legal Question in Construction Law in California

mechanical lien

what happen to a property owner if there is a mechanical lien filed on their property.

what can happen if owner does not pay $60,000 for construction work done on property because not satisfied with work.

Asked on 4/27/09, 11:54 am

2 Answers from Attorneys


Re: mechanical lien

If there is a lien filed against your property, this is merely the first step of a process which can ultimately lead to the sale of your property to satisfy the claim. The next step in the process is for the lien claimant to file a suit in the superior court to foreclose the lien. This must be done within 90 days after the lien was recorded. You will be served with the suit and will have an opportunity to defend. At that time, you can defend on the basis of the work not being properly done. I recommend that you see a CONSTRUCTION ATTORNEY as soon as possible since this is a very specialized area of the law and is not an area for you to try to defend yourself without professional help.

Best of Luck.

E. Leoanrd Fruchter

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Answered on 4/27/09, 12:36 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: mechanical lien

The contractor has 90 days from the date the lien is recorded to initiate a foreclosure action against you. If the contractor prevails at the foreclosure suit, you will lose your property and it will be sold to satisfy the lien.

I understand you may not be satisfied with the work. Withholding funds for such a reason is called retention and is typically provided for in the contract. A usual retention rate is 10%. If you are withholding more than that, then you may have problems especially if your contract does not provide for retention.

If you are serious about getting legal help, feel free to contact my office.

Best of Luck.

George M.

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Answered on 4/27/09, 2:06 pm

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