Legal Question in Construction Law in California

Re: consturction law

I agree with the prior posts, but you have said little about the circumstances that led up to this dispute or regarding your conclusion that the contract is invalid. There is a wide field left open by those holes in the facts. Call whichever lawyer is closest to you for a more complete picture or find a local lawyer specializing in construction law if you believe you are in an unfair situation.

Re: consturction law

Yes, the contractor's right to a mechanics lien derives from his providing materials or services to the property.

Nevertheless, there are numerous legal pitfalls waiting for those contractors, so you should visit an attorney if you are facing a constructon dispute.

Good luck.

Re: consturction law

I would only add to Mr. Meyer's answer that it is up to a judge or jury, not an interested party, to conclude whether a contract is "invalid" or not. The contract may be void, voidable at the option of one party, partially voidable, enforceable but for lesser damages, enforecable in part but not entirely, or maybe perfectly valid, with all sorts of intermediate-level possibilities. The safe course is to understand that the contractor probably has the right to file a lien, but mechanics' liens are but a minor and commonplace step on the long road to enforecement and foreclosure, and you will have plenty of low-cost, non-threatening opportunities to remove the lien, have it go stale, or show that the amount claimed under the lien is not really due.

It's something like when the cop shines his red light on you because your license plate is smudged. That doesn't mean at all that you are going to jail for driving a stolen car. In both cases, it is only step one in handling a remote, but possible, claim.