Legal Question in Construction Law in California
Is the only defense of a mechanic's lien to sue the contractor?
We hired a contractor to build a planter bed and the irrigation system to go with it. He had done work on a fence for us before and it was done well and we had no problems. Turns out he is unlicensed.
He submitted an estimate of $ 3000, plus another $ 400-500 for sprinkler work. We gave him a drawing how the wall had to be done, including where the valves had to go. The outline where the wall was to go was painted on the ground. We were specific.
He dug the trench for the wall in the wrong place and put the valves in the wrong place. We asked him to correct it which he did. He ordered soil at double the price of what we discussed. After we made him redo the trench he was NEVER available to talk about the project and even told his son NOT to work. At the end he sent a bill for total $ 5800 without ever discussing additional charges and getting an ok. We gave him a check for $ 3500 and told him it covered the contract per estimate.
We are now getting 20 day notices from 3 material suppliers and the contractor's son (for labor).
We know we will get liens put on the house by the 3 suppliers, so we will pay them. But do we have to pay his kid? Should we file in Small claims for $ 3500 less the total of anticipated liens?
1 Answer from Attorneys
Re: Is the only defense of a mechanic's lien to sue the contractor?
Your best route would be to pay the material suppliers to avoid the liens, then sue the unlicensed contractor for the amount you pay the suppliers. The contractor may have no standing to defend your lawsuit, and he certainly has no standing to sue you for the balance of his bill, because he is not licensed. Good Luck.
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