Legal Question in Construction Law in California

lien on my property

We contracted with a waterproofing company for $3380 on a new deck part of an extensive backyard remodel ($250,000). After the intial coat was applied it had sprinkled during the night & the substance they applied dripped off all three edges & left a rust colored substance all over the new concrete, our traverting BBQ bar, the smooth coat stucco on the sides of the bar etc..I contacted the company & they sent out a field supervisor. He came out the first time & tried to scrub it with a household cleanser. It did nothing but he assured us they would take care of it. He came back a week later with a pressure washer & it removed about 50% of the stains on the concrete. Beacuse I had sealed the travertine several times I was able to get most the travertine. When he pressure washed the smooth coat BBQ walls it pitted them severly & now they are a mess & need to be redone. The next step after pressure washing was to try acid washing which they agreed to pay for it helped but the concrete still has patches of rust. After 3 attempts to fix this they have done more damage & they are claiming nonresponsibility & have placed a lien aginst my property for the total less the acid washing. The sales rep also said they would take care of it!


Asked on 9/30/06, 2:18 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: lien on my property

You can sue in small claims up to $7500, and in superior court over that amount. You need clear statements from your 'experts' on what damage has been done, specifically the cost to repair. If it needs to be taken to superior court, feel free to contact me, if it is in SoCal.

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Answered on 9/30/06, 3:35 pm
Gary Redenbacher Redenbacher & Brown, LLP

Re: lien on my property

You have several options. First, regarding the lien, you could wait to see whether the company will foreclose on the lien. The large majority of contractors who record liens never foreclose (sue) on them. The lien is only good for 90 days unless the contractor brings an action in court. If, after 90 days, he hasn't sued on the lien, you can go into court to get the lien removed. If you prevail (which you always will if the lien is more than 90 days old) you can get up to $2000 toward your attorney's fees. Most experienced construction lawyers can get the lien off for less than this amount. Of course, getting rid of the lien doesn't get your BBQ, etc., fixed.

(By the way, just because the lien expires doesn't mean the contractor can't still sue you. It just means that he won't have a security interest in your home during the lawsuit.)

Your second option is to contact the Contractors State License Board (CSLB) and file a complaint. They have a couple of arbitration programs which may prove quite helpful to you. Plus, investigators have a way of convincing most contractors to step up to the plate.

Your third option is to make a claim against the contractor's license bond for the amount of the damages up to $10,000. Look on the CSLB website for the name and address of the bond company. If your damages exceed $10,000, you may want to wait until after the New Year to make a claim when bonds go up to $12,500.

Your fourth option is to sue, probably in small claims court. As Mr. Nelson mentioned, you can sue for up to $7500.

There are a couple of other options, but the foregoing are the main legal options.

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Answered on 9/30/06, 4:02 pm


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