Legal Question in Construction Law in California

We hired a contractor to do abatement and remediation work. The contract does not cover restoration. Contractor took out the furnace and the water heater and place them on the driveway. The tenant moved out and the house was basically vacant. When the house was handed back to me, I was wondering where the furnace and the water heater went since contractor never advised me of anything. The contractor said furnace and heater were left at the driveway,( apparently someone stole them) . The contractor refuses to take responsibility and the owner refuses to talk to me . We obviously refuse to pay. They are now putting a lien on our house. We have reported to the police and the insurance company. The contractor, however, refuses to advise me of their insurance company. What should we do ?


Asked on 8/14/12, 3:47 pm

1 Answer from Attorneys

Deduct the cost of the furnace and water-heater from his bill, plus 25% and then pay the balance. If he does not file suit to enforce the lien, it expires after a short time, I believe 90 days the last I looked. If he refuses to release the lien after it expires, you are entitled to have it expunged and he has to pay your attorneys fees.

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Answered on 8/14/12, 3:53 pm


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