Legal Question in Construction Law in California

Calif Lien against property owner

I am a lic Gen Contractor and completed a large commercial project for a lady. Upon completion she had me start on phase II. when i bid the job and we both signed the contract it was for a certain scope of work. she then hired an architect and he made several major changes to the project. The property owner would not sign a new contract that included 70k in changes. She said to just submit change orders for the new work but then was never available to sign them (always out of town). with pressure to get the job done so her tenants could move in, i completed the project and she is refusing to pay me the last 20k she owes. she is stating that she didnt sign the change orders and didnt approve the work. during phase I, she would order changes, i would do them and submit change orders at a later date. these she always paid without a problem. i have filed a lien, and now have been contacted by her attorney saying she refuses payment due to unapproved work completed by me and that i need to drop the lien. my lien company said i need to hire an atty and file in court. well i dont have 10-15k for an atty to fight for 20k in court. now what? why did i bother with the lien? is court my only resource?


Asked on 1/20/09, 1:10 am

1 Answer from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Calif Lien against property owner

Well if you have a work agreement that includes attorneys fees, and you can prove she requested the work you did, then you may be justified in asking to be paid. Even if you have a contract that includes attorneys fees, you want to make sure you are right before litigating. You might hire an attorney just to assess your case. let me know if you want my help.

Best,

Daniel Bakondi

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Answered on 1/20/09, 1:53 am


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