Legal Question in Construction Law in California
I hired a major construction company to provide several subcontractor projects during the contruction of my home. Upon completion of the projects the salesperson collected the amount in full. About 2 months later I was sent an additional bill of about $2500.00. for additional costs. I did not authorize any additonall fees and the salesperson as well as the local branch are both gone. The company filed a Mechanics Lien about a year ago and never perfected it. How do I get it released from my home. I spent about $900,000 and paid everyone. I didnt owe this money and there is noone directly involved with the transaction to dispute it with.
2 Answers from Attorneys
There is a simple procedure under California Law for exactly this type of problem. All that is required is a motion to expunge the mechanic's lien for failure to perfect it in time. It is usually heard by the court on an expedited basis (meaning with 30 days depending on court schedule) and the court normally will not only remove the lien but also award the owner his attorney's fees for having it removed. If you would like more information, I would be happy to discuss it with you. Please call me at 714.258.7800. Attorney Keith Salek
The provision for release of a mechanic's lien when no action to enforce it has been brought within the time frame provided is Civil Code section 3154. The prevailing party is entitled to up to $2,000 in attorney's fees. This should provide some incentive for owners to file such petitions, but if the contractor is broke, you've wasted your time and money. The lien can't be enforced by this time anyway, so I don't understand why they need to be "released."
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