Legal Question in Construction Law in California

I hired a Contractor to replace my roof and provided the Insurance Company's estimate. The Contractor wrote his contract based on the price the Insurance company said they would pay for the job. The work began, but the contractor took major shortcuts and only placed shingles on top of existing shingles and didn't do what the Insurance claim said to do (take down existing shingles and felt, and replace all with like materials, etc.). The contractor is demanding full value from the insurance company's quote eventhough he did 1/8th of the job. I paid half of the job upfront and refused to pay the other half until the job was done properly. He filed a Mechanics Lien on my home for the remaining balance but I know the Lien is fradulent because he didn't do the work. What is my recourse?


Asked on 5/31/13, 11:26 am

1 Answer from Attorneys
Nick Campbell Builders Law Group

You have a couple options. You could either file suit for construction defects and fraud also move in that action to expunge the lien or you can wait to see if the contractor files suit to enforce the lien and you could file a cross-complaint at that time (he has 90 days from the date the lien was recorded to file suit). Since this was home improvement work, the contractor wasn't allowed to take more than 10% of the contract price of $1,000 (whichever is less) upfront, and if the work is also deficient and he charged for more than what he did or the quality of what he did, you could also make a complaint to the contractor's state license board.

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Answered on 5/31/13, 11:53 am


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