Legal Question in Construction Law in California

Disputing a Mechanics Lean

A mechanics lean was placed on my house for an amount less than $2,500. The contractor walked off the job due to delays that he claimes we caused and then billed me the above amount. The delays were primarily due to his suppliers not delivering materials to our house before the start date. The project is approximately 60% complete and I have paid about 60% of the contract amount. The next payment was due when the tile work was completed, the job is well short of being ready for tile. I have taken photos and currenty in the process of getting bids to complete the job. The contractors coming in are telling me that some of the work needs to be removed because it does not meet code. That work is incremental for about $800. I want the lean removed and am ok with us calling it even, but he seems to be very upset and taking this personally. What is my next step to getting this resolved? I do not want him back on my property to complete the work and would like to end this ASAP.


Asked on 10/05/04, 6:38 pm

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Disputing a Mechanics Lean

You're in a true blue dispute. It isn't likely that it will resolve on its own. You can try resolving it through the Contractor's State License Board. They have experienced arbitrators. In some cases, they will also supply an expert free of charge. This process is free to consumers. If you can't resolve it this way, either you or the contractor will have to file a lawsuit to work out the dispute. Small claims court will handle disputes up to $5000.

By the way, I wouldn't take too much stock in the new contractor's opinions. I don't believe I have EVER heard a replacement contractor praise the work of the previous contractor. It may well be that the previous contractor was below the standard of care, but you can't rely on the replacement contractor to determine this.

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Answered on 10/10/04, 5:45 pm


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