Legal Question in Construction Law in California

Re: Homeowner/Remodel

Under Civil Code Sec 3110 a contractor may place a mechanics lien on your property if the contractor contributed to a work of improvement on your property. However, under Civil Code Sec 3124 a claimant who has actual or constructive knowledge of the terms of the original contract may not assert a lien for labor, services, equipment, or material not called for under that contract.

With that said the contractor can definitely file a mechanics lien with the recorder which will show up but whether the lien is valid and may be foreclosed will depend on the contract terms and your course of dealing with the contractor. In addition the contractor must file a lawsuit to foreclose on the lien with 90 days from when the lien was filed or the lien is null and void and you may petition the court to remove it and recover up to $2000.00 in attorney fees if he fails to voluntarily remove it. (See Civil Code 3144).

I suggest that you negotiate with the contractor a just payment for the extra work he performed on your property.

If you seek representation then please do not hesitate to contact me.