Legal Question in Construction Law in California

Lien Release - Primary Contractor

My contractor was unable to finish

our job for the contract amount. He

took payments for jobs that were not

completed. He acknowledges not

having finished. He placed a lien of

$83,250 on our property for

''overages'', yet he had no change

orders and we have not seen a bill

for his lien amount. He is also

holding tile that was purchased for

our job. We had to purchase a bond

for $124,875 to remove his lien in

order to refinance, which we had

great difficulty doing. He filed suit to

foreclose on the lien and we now

have attorney's fees. If his is a

fraudulent lien, what is our

recourse?


Asked on 10/22/07, 12:12 pm

3 Answers from Attorneys
Cathy Cowin Law Offices of Cathy Cowin

Re: Lien Release - Primary Contractor

You can sue him for breach of contract, fraud, impairment of credit, etc. I have been involved in other cases with similar facts if you would like to discuss this further.

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Answered on 10/22/07, 1:32 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Lien Release - Primary Contractor

SUe for damages and punitive damages. Call me directly.

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Answered on 10/22/07, 1:45 pm
Terry A. Nelson Nelson & Lawless

Re: Lien Release - Primary Contractor

Your recourse is to win or lose the case, and have your attorney fees and costs awarded if you win.

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Answered on 10/22/07, 2:12 pm


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