Legal Question in Construction Law in California

bad check

a sub contractor wrote a check to buy material. the sub contractor bounced the check after the work was completed. the check guarranty place wants to place a lean on the job site beacause the bounce check was for material. can the check guarranty place place a Lean on the job site, due to bounce check by the sub contractor.

Asked on 3/26/09, 6:49 pm

2 Answers from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: bad check

For purposes of filing a lien, the company is neither a materialman or a subcontractor. Additionally, such a company probably did not file the required preliminary notice. It is very doubtful that this company has any lien rights. However, filing a lien is relatively easy to do even if they are not entitled to one. You would then have to contest it which can be somewhat expensive. I recommend you hire a lawyer to write a letter on your behalf. We practice construction law so contact my office directly if serious about getting help.

Good luck.

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Answered on 3/26/09, 7:08 pm
Terry A. Nelson Nelson & Lawless

Re: bad check

No. Tell them to go after the NSF writer if they can.

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Answered on 3/26/09, 9:06 pm

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