Legal Question in Construction Law in California

Re: Contractor abondoned job

The recording of a mechanics lien is considered privileged so he can't get in trouble for this action. Foreclosing on a fraudulent lien, however, could expose him to a malicious prosecution action if you prevail in the end, can prove that he foreclosed with "malice" and that you also suffered "damages." "Damages" has a specific definition. It doesn't include attorney's fees (usually) or lost time from work (usually).

Forget about getting him criminally prosecuted, incarcerated or held in contempt. This isn't the old Soviet Union where every little transgression puts you in jail. This is an argument over money and people very rarely go to jail because they disagree over how much money is owed. There is such a thing as criminal fraud, but it is highly unlikely that it exists in this context.

Finally, why would you want a court to order the contractor to finish the work if he is dishonest and flakey? Courts rarely, if ever, will order such a thing, since any damages can be taken care of with a monetary award.

Re: Contractor abondoned job

If you have been sued, i.e. served with a summons and complaint, your first thought should be filing a timely responsive pleading so you don't end up in default and probably with a default judgment for the full amount claimed.

Within the time allowed, usually 30 days, you need to get an answer on file. Depending upon the amount, and whether the suit is in small claims court or superior court, you may need a lawyer to prepare and file the answer.

At the time the answer is filed, you and your lawyer may also file a cross-complaint against the contractor. The cross-complaint would assert your claims against the contractor for damages for excess charges, incomplete work, and possibly for fraud, but as your lawyer will no doubt advise you, fraud is difficult to allege and prove in a civil lawsuit.

Don't let the date for responding to the suit get too close; your lawyer (or you) will need time to get the answer prepared for filing.

Re: Contractor abondoned job

Court can only order him to finish the work if you file a cross-complaint against him.

Civil court cannot hold him criminally responsible for filing a fraudulent lien. If truly fraud, then you would sue him and seek imposition of punitive damages.

You may also want to pursue the contractor with a claim to the Contractors State License Board.

Litigation entails various deadlines. You should immediately seek out competent help from an attorney familiar with mechanic lien litigation. We are civil litigators who are routinely engaged to both enforce and, if necessary, defend against, lien claims. If/When you are ready to proceed, please feel free to call or email.

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