Legal Question in Construction Law in California

I have a architect who is also our contractor. He was once a good friend. Most of the work he has done is sub-standard and we have paid him for most of his work. Also after going over the billing we have been over billed on all invoices. He has not completed the job, but no longer takes our calls or shows up for work. Can we as homeowners file a lien against property he owns and has for sale?


Asked on 2/01/11, 5:52 pm

2 Answers from Attorneys

Not without suing him and getting a judgment first.

Read more
Answered on 2/09/11, 11:01 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No. The lien process works the other way - an unpaid contractor can file a lien against the property he worked on, but the owner has no statutory (or other) power to file (record) a lien against the contractor except by suing, obtaining judgment, and recording an abstract of judgment (which will serve to lien his real property in each county where the abstract is recorded. Is he licensed and bonded? You may be able to make a claim against his bond; or consider suit in small claims if $7,500 is enough.

Read more
Answered on 2/09/11, 12:14 pm


Related Questions & Answers

More Construction Law questions and answers in California