Legal Question in Construction Law in California

A contractor that started a job doesn\'t want to finish the project until we pay them in full first and is threatening to file a mechanics lien if we don\'t. We still owe them about $1500. I just found out that the contractor has a suspended license. I want to ask if we should just go ahead and pay him since we will be selling the house and we don\'t want any liens on the property? \n\nOne lawyer suggested that we write to the contractor and demand a full refund. \n\nWhat if they still file a mechanics lien? I read somewhere that it will cloud the title and is a long process to have it removed.\n\nWhat should we do? Should we ask for a full refund and ask them to sign some kind of release that they will not be filing a mechanics lien?\nPlease advice.\n\nThanks!


Asked on 7/28/09, 4:03 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If they're not licensed, you owe them zero, zip, bupkis, even if they did work on your job; and you are entitled to sue them for whatever money you paid so far. Maybe you can settle the case by having the person release you from all claims in exchange for your not suing them.

Have a lawyer send them a letter stating the above, and enclosing a release for them to sign.

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Answered on 7/29/09, 12:34 am


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