Legal Question in Construction Law in California

Mechanics Lien

A plumber came to our home to repair a leak in the foundation. He asked if I would approve him just re-piping the hot water heater thru the ceiling. I told him he would have to check with the insurance company and find out if that was covered. The insurance had approved $1600 in repairs. While I was at work, he did the repair, but did not get approval from the insurance company. He billed me for the difference. I have not paid it and he put a mechanics lien on the house for $2365 with a 2% a month penalty. This was done in 07. I am not trying to sell because of unforeseen circumstances. What can I do. There is no equity in the home and I am negotiating with the bank who does not want to pay it either. Can I go to small claims court - does he have a right to the money if he doesn't have my signature for approval?

Asked on 6/23/09, 7:59 pm

1 Answer from Attorneys

Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Mechanics Lien

You are correct that your signature and the contract terms are important. I would have to review the contract, the lien, and find out more. I do construction law, so feel free to call me to discuss.

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Answered on 6/23/09, 8:09 pm

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