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?
2 Answers from Attorneys
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.
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.