Legal Question in Construction Law in California

home improvement payment dispute

Can I file a mechanics lien on a property that has been all but finished if the owners are refusing to pay the bulk of money owed?


Asked on 5/10/07, 1:15 pm

2 Answers from Attorneys

EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: home improvement payment dispute

If you are a licensed contractor, have complied with the preliminary notice requirements, and have "completed" your work, you may lien the job. NOTE: completed in this case means that you are not intending to do any more work on the projct, it does not necessarily mean that the project is completed. Thus, if you have pulled off claiming breach of contract for failure to make progress payments as required by your contract, you can file your lien.

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Answered on 5/10/07, 1:42 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: home improvement payment dispute

Provided that you hold valid licenses for all work that was performed (and that you were validly licensed at all times while the work was performed), and that you have met all preliminary requirements to the lien, you can record a lien for all sums due for labor and materials actually provided to the project. The lien cannot include any future contractual value or profit etc.

My website has a section that explains mechanic's liens in greater detail.

Call if you need further explanation.

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Answered on 5/10/07, 2:09 pm


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