Legal Question in Construction Law in California

I have a house in San Diego North County. I hired a roofer to replace my roof. When he commenced working, I paid him $4000 of the $8000 contracted job. Almost right away, however, I was unsettled by his efforts, and I expressed concerns about the quality of the work, but he kept dismissing my questions saying that I'd see everything would be okay when the roof was done.

After almost two weeks into what was supposed to have been a 4 - 8 day job, I stopped all work and hired a highly regarded inspector to assess the quality of what had been installed. I now have the inspection report, which enumerates extensive errors that must be corrected before the job is done.

There are so many corrections to be made that I do not trust the original roofer to do be able to complete things according to a professional standard. I am already underway getting bids from other more reputable roofers who can remediate the problems and finish the project.

Additionally, when I stopped the roofer�s work, I learned that he had never gotten a city permit to install the roof! Because I insisted, he rushed to get one and lied to the city inspector about the nature and timing of the job. After the inspector realized the roofer�s duplicity, the city inspector assured me that he is prepared to go to court on my side, if I need him to do so.

Now, I need to terminate this contract, but I anticipate that when I fire the roofer, he'll do what he can to try to be paid a second $4,000�even though his work is substandard.

Besides taking me to small claims court, what recourse does he have to fight me? I have everything documented.

Can he put a lien on my house? Other than paying him something, can I do anything to prevent him from doing that? What will I need to do to remove a lien?

The roofer has proven, over and over, to twist the facts and lie.


Asked on 3/05/10, 3:11 pm

3 Answers from Attorneys
Bruce Beal Beal Business Law

An unlicensed contractor cannot recover payment and must return all moneys received from you under California Business & Professions Code section 7031. As for the lien, a lien is not valid unless there is a valid right to payment under a contract. There is no such valid basis here for an unlicensed contractor.

Once a mechanic's lien has been recorded, the contractor must file a court action to enforce the lien within 90 days. Legally, an unlicensed contractor cannot file a court action to enforce the lien. If no court action is filed by that time, the lien is no longer valid.

To clear this lien prior to 90 days, you should ask the contractor to file a release of lien. If the contractor will not, you can petition the court to release the property from the mechanic's lien. An abuse of process lawsuit seeking to have the lien removed is a possibility, but more complicated and expensive, but could also seek punitive damages, if the contractor has any recoverable assets.

Proviso: My response does not constitute legal advice, as I do not know all of the relevant facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult an able lawyer who can learn the unique details of your case more completely in a confidential relationship to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

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Answered on 3/10/10, 3:43 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Assuming that he has given the appropriate preliminary notices, he can but a mechanic's lien on your house. Additionally, if he has not paid for the materials or labor that he has used, the vendors and/or workman may have lien rights. Have you received any preliminary notices from anyone regarding the work? As a general rule, you should always get lien releases from any material suppliers and/or workmen when making payment or use joint checks to be sure they get paid.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 3/10/10, 3:45 pm
James Bame San Diego Law Office

Don't pay him any more money unless he deserves it. He will not be able to perfect the lien and it will be removed as a matter of law. Contact me directly.

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Answered on 3/23/10, 10:52 am


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