Legal Question in Construction Law in California

Final Notice, Mechanics lien received today

Signed contract 5/24- $8200 for Kitchen and fireplace remodel, all to be done by 7/21. On 6/19 spoke to owner who said job way underbid and wanted us to accept different way on fireplace, we agreed verbally then work not started on kitchen until 7/26. On 8/12 I was advised (when I phoned) that they had changed the fireplace plans without our knowlege or consent. Kitchen & electrical work done shoddy, many calls (by me) to correct, I have 10 pages of typed info (accurate recordkeeping) as well as many photos before, during and after. I attempted to renegotiate with contractor on 8/24 to exclude fireplace (as his plan would have forced the mantle in front of windows-valance, curtains-blinds and cover gas keyturn on)I tried to settle for ''fair'' price (speaking with 3 other contractors) and today I receive a ''FINAL NOTICE'' on Company letterhead giving us 3 days from date written (9/6) or he will file lien. No initial lien ever filed. Can small claims handle this? (He has only been paid $3200) What should I do now? I know I owe some money but have had another contractor do the job (have bids) and effectively fired the guy on 8/24. Help!


Asked on 9/08/05, 8:56 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Final Notice, Mechanics lien received today

Is the contractor licensed? Check to see if his license is active. If it's not, he has no legal right to payment. If it is, then you have several options. First is the defense to his claim of lien for breach of contract (even though you modified the initial contract, contractor still failed to adequately perform). Second, you have claim for breach of contract damages for poor workmanship and bad design. Small claims is not the forum for this dispute. You may also have a mandatory arbitration provision in the contract. REview that and make sure you don't have to arbitrate. Good Luck.

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Answered on 9/09/05, 11:18 am


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