Legal Question in Construction Law in California
Under the law, what steps / actions does the supplier have to take to collect money due from contractor before holding the homeowner financially responsible? Some background; flooring contractor didn't pay the material supplier and they are now trying to collect from me, the homeowner. I already paid said contractor in full. The supplier did file a preliminary 20-day notice and I have just received a letter from a law firm trying to collect the $3,000.00.Thank you for your help!
2 Answers from Attorneys
Happy to write them a letter arguing your strong points. If you do nothing they may proceed to collect.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi
870 Market Street, Suite 1161
San Francisco CA 94102
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Once again an incorrect answer from Bakondi. They have NO right to collect from you directly. So they are under no obligation to take any steps to collect from the contractor before trying to get you to pay. They are just trying to take the easy route. What they MAY have is a right to a mechanics lien on your property, but only if properly "perfected." Mechanics liens are loaded with potential pitfalls for the subcontractor and supplier. If not handled exactly right, the lien rights are lost. On top of that, they must be enforced in a Superior Court action, and they must name the general contractor because the general contractor's breach of contract is a precondition to enforcing the lien. All of which is to say that for $3,000 it's easier to try to scare you into paying, but if you stand up to them it will be easier to collect from the contractor, unless the contractor is bankrupt. Also, if they record the lien without meeting all the requirements, you can counter-sue them for slander of title.
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