Legal Question in Construction Law in California

Fraudulant Mechanics Lien Threat.

There is a laborer in town who does repair jobs. He is not licensed in any way. He agreed to do some patch work on our roof and my parents roof and outbuildings for $200. He stated the work should take a day for 2. He would work about an hour or sometimes 2 in the morning and come back about an hour before dark. This went on for about a week. Finally we told him to forget our roof and finish my parents. On their back porch he suggested putting on some new comp which he could obtain for $100. which we paid to the person who had it. The job showed no progress so my husband took 2 days off work to help work on it. It finally got done and we paid the worker $300. for the extra work with the new comp, and told him to forget our house. He was unreliable and we wanted him away from parents, since dad caught him in the yard after dark without telling anyone he was there. When we tried to pay him he argued that instead of $200. he wanted $450., but finally accepted and cashed the check marked paid in full for $300. About a week later I was driving by and saw this man headed toward my dads. I found him in his pjs with 84 year old dad cornered on porch demanding info to put mechanic lien. cert letter arrived at dads from him 2 days ago. Help


Asked on 11/28/05, 2:44 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Fraudulant Mechanics Lien Threat.

If this man is unlicensed, he has no legal standing to sue for payments. That also means his mechanics' lien is invalid. If he has recorded a lien on your property, you must demand that he remove it. If he does not, then he will be liable for damages and costs incurred in having the lien cancelled by a court. There is no shame in trying to cut costs with home repair, but it is risky. Always check the license status of the contractor first. If you need legal help, this is up my alley, and my fees are discussed up front with you. I will be happy to quote you a flat fee to remove the lien. Good luck and call me anytime.

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Answered on 11/28/05, 3:47 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Fraudulant Mechanics Lien Threat.

From the facts given, this "handyman" at issue would have no legal standing to sue under the circumstances, since he is not even licensed. If anything, he will be putting himself in "harm's way" trying to file such a suit or place a mechanic's lien against your parent's home. This is probably why he tried using "intimidation tactics" with your father at such a late hour of the night, which also could be actionable. If you would like to have this person cease and desist all contact with you and/or your family, call us today for a free consultation.

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Answered on 11/28/05, 4:14 pm


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