Legal Question in Real Estate Law in California

Threat of Mechanics Lien

I hired a contractor to install a synthetic lawn. The company is Tech Turf. The contractor collected a deposit of $1000.00 and the remainder ($1000.00) was to be collected upon completion of the job. The job was completed and I paid him the $1000.00 balance for a total of $2000.00. Tech Turf informed me that they were going to file a lien on my property because the contracter has not paid them. Can they do this?

Asked on 3/21/06, 3:30 am

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Threat of Mechanics Lien

Yes. This is what a release is for when you pay off a general contractor. It releases you from liability if a lien is placed on your property because sub-contractors were not paid and it also establishes that all sub-contractors were paid. When the sub-contractor forecloses on the lien, you'll have to cross-complain against the general contractor and bring him into the lawsuit for failure to pay the sub-contractor. Good luck.

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Answered on 3/21/06, 11:09 am
Daniel Harrison Berger Harrison, APC

Re: Threat of Mechanics Lien

Probably not, unless (1) they served you with a 20-day preliminary notice before they began work or sometime during or immediately after their work (the timing of the notice will affect the amount of the lien); or (2) they had a direct contract with you. Any of these happen?

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Answered on 3/28/06, 4:12 pm

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