Legal Question in Construction Law in California

Re: Should I file for a mechanic lien?

I don't think I follow all the facts, but a mechanic's lien can be filed only on the property improved, and not on other property that the mechanic hasn't improved or furnished with materials.

So, unless the fence you're planning to have built is on the debtor's land, you can't file the lien.

There may be other obstacles as well -- the work must be done "at the instance or request of the owner" (or owner's agent).

Check Civil Code sections 3109-3154, esp. 3110 and 3112.

Re: Should I file for a mechanic lien?

Although you can't get a mechanics lien on his property, it sounds like the builder is probably in breach of contract. Your measure of damages is not your money back, or just the contractor's estimate of the cost of labor and materials (unless it is reasonable to expect to be able to complete the job for that). You should get some estimates from other contractors and figure out what it will actually cost you to complete the job. Then you could sue him for any additional amounts you will be out of pocket as the result of him not finishing the job.

I believe that California Contractors Licensing Board rules prohibit a licensed contractor from abandoning the job. Many marginal or unscrupulous contractors do this at the point they figure they will lose a lot of money on the job. That is not a legitimate practice. Sometimes, the builder learns that he got in over his head and beyond his abilities to do it even though he honestly thought he did when he first got involved. The latter is "legitimate" in the sense that it is not "abandoning" the job, but he remains liable for his contract.

The California Contractors Licensing Board is in Norwalk. Don't know if they have a website or not. They certainly have a phone number. You may be justified to make a complaint that he abandoned his job. Builders are required to post a bond to cover the first several thousand dollars of their potential liability to a customer in the event of certain failures. This might be one of them, so you could have additional recourse there.