Legal Question in Construction Law in California

Mechanic Lien

My client noticed a mechanic lein placed on his home. The workmanship performed by the contractor was in dispute when final payment was due. What is the next step to resolve the dispute. The contractor won't accept responsibility for the defect in the work? The disputed amount is $7500.


Asked on 10/26/04, 5:09 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Mechanic Lien

If the work is crap, don't pay the bill. The contractor has 90 days to foreclose on his lien by filing a complaint. If he does, you cross-complain for breach (substandard workmanship). If he fails to file the complaint your client can file a petition to remove the lien and your client can even recover attorney's fees. Civil Code � 3109 et seq.

Read more
Answered on 10/26/04, 5:35 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Mechanic Lien

Depending on the nature of the work and what makes it substandard, your client might want to hire another contractor to fix or complete the job. The costs of completion are damages in your client's case against the first contractor. If the new guy charges $2,000 to get the job done right, your client should pay $5,500 to the first contractor ($7,500 less whatever it cost to get the job done right).

Read more
Answered on 10/26/04, 5:38 pm


Related Questions & Answers

More Construction Law questions and answers in California