Legal Question in Construction Law in California

A home remodelling contractor placed a wrongful Mlien on my property by including items that were not part of any contract like tool rental, anticipated profit with out even begining or ending any job. How can i notify county about the wrongful Mlien and i can i get itremoved.

pls advice/help.

thanks


Asked on 10/08/09, 10:22 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The issue is not whether the items were specifically enumerated in the contract, but whether the charges and costs were properly incurred in carrrying out, or preparing to carry out, the contract. Further, the role of the county recorder is pretty much limited to receiving documents and placing them in the public records, not reviewing them or deciding whether, line item by line item, they are correct. That is the role of the courts. You can sue now, or wait to be sued if that ever happens, and defend; or, you can negotiate with the contractor. Look at your contract to see if it calls for mediation of disputes, mandatory arbitration, etc., and also whether it has an attorney's fees clause. All of this might affect your interest in bringing legal action. In any event, there are processes for handling improper mechanic's liens, but they are not cheap and easy and you may get a better result by any of the other methods suggested. Keep in mind that the contractor is probably, but not necessarily, in the wrong; consider the roots of his placing the lien and see if you had anything to do with it.

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Answered on 10/09/09, 12:43 am


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