Legal Question in Construction Law in California
contactor suppliers lien
My contractor owed a supplier for old invoices; the supplier applied my payments to the old invoices, not to my materials, and placed a lien on my property, not the property for which the unpaid materials were used. I doubt that the contractor can pay his old invoices. Do I have recourse against the supplier?
1 Answer from Attorneys
Re: contactor suppliers lien
You don't say how "your" payments were made. If they were made by your check directly to the supplier, he has to credit your account. On the other hand, if the payment wss made to the contractor, and he wrote his own check to the supplier without specifying the account to be credited, then the supplier may have been within his rignts to credit the payment to the oldest account. Did you demand Lien Releases when you made payments? Did the supplier send you a proper 20 day notice? Ther are a lot of unanswered questions, and there is no simple answer. See a construction lawyer.
E. Leonard Fruchter
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