Legal Question in Construction Law in California

Happy to write them a letter arguing your strong points. If you do nothing they may proceed to collect.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

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Once again an incorrect answer from Bakondi. They have NO right to collect from you directly. So they are under no obligation to take any steps to collect from the contractor before trying to get you to pay. They are just trying to take the easy route. What they MAY have is a right to a mechanics lien on your property, but only if properly "perfected." Mechanics liens are loaded with potential pitfalls for the subcontractor and supplier. If not handled exactly right, the lien rights are lost. On top of that, they must be enforced in a Superior Court action, and they must name the general contractor because the general contractor's breach of contract is a precondition to enforcing the lien. All of which is to say that for $3,000 it's easier to try to scare you into paying, but if you stand up to them it will be easier to collect from the contractor, unless the contractor is bankrupt. Also, if they record the lien without meeting all the requirements, you can counter-sue them for slander of title.