Legal Question in Construction Law in California

How to file Mechanics Lein?

I was contracted by the agent of the property to paint and scrape the popcorn of a rental condo that was going to be put on the market. The agent and her partner agent both said the flooring was being replaced. I painted and scraped the ceiling and didn't cover the floors because they were being replaced.I wrote out the contract for $3,000.00 and faxed it to the agent who was going to forward it to the owner. Everyone agreed on the contract.The job is complete and the agent and owner walked it and wrote a check. The owner then canceled the check. Now the owner said he wanted the flooring to stay and only wants to pay me $2100.00. The owner also said he never received the bid and that the agent told him the job was $2100.00.I want to file a mechanics lein to get my money. They are in the process of putting the condo on the market soon. How do I do this in California? -K


Asked on 5/09/06, 11:27 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: How to file Mechanics Lein?

You can buy the form online, hire an attorney or buy the form a local stationery store. Once you will it out with all of the proper information, you must file it and the county recorder's office.

However, you cannot file legally file a mechanic's lien under the facts that you described unless you are a licensed contractor. A contract of this nature and this amount would require a license.

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Answered on 5/09/06, 11:42 pm
Gary Redenbacher Redenbacher & Brown, LLP

Re: How to file Mechanics Lein?

I sure hope that you're licensed in California. Although you can technically record a mechanic's lien if unlicensed in California, you have no ability to foreclose on the lien. Plus, contracting without a license is a midemeanor.

There are other possible problems with your work. The cottage cheese on ceilings sometimes contained asbestos. Did you check to make sure that it didn't contain asbestos before doing the work? If not, you may have released asbestos fibers into the condo. Only certified asbestos workers can remove asbestos.

Mr. Starrett is, however, correct on how to go about recording a lien. Find a form online or at a stationery store then go down to the recorder's office. Don't forget that you will have to foreclose on the lien within 90 days. Most small claims judges understand that they can foreclose on a mechanic's lien. The small claims limit for individuals is presently $7500.

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Answered on 5/10/06, 1:00 am


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