Legal Question in Construction Law in California

Re: Mechanic Lien Process

You need to file a complaint to foreclose on the lien and also for breach of contract. You should speak with an attorney who does construction law right away to make sure you have served copies of the lien correctly on the property owner and have filled out the lien correctly. You need to file the lawsuit within the 90-day time period. I do this kind of work and would be happy to handle this for you if you contact me right away.

Re: Mechanic Lien Process

Although my office is in Southern California, I handle cases like this on a regular basis all over the state. I can assist you on this.

The basic process is that you file a lawsuit for forelcosure and breach of contract. The procedures are a little detailed, but the goal is to either settle or get a money judgment that also allows you to have the property sold at a public auction if no payment occurs.

If you are a sole proprietor, you can try to represent yourself. Any other type of entity like a corporation or partnership must have an attorney.

Please contact me for a free consultation.

Re: Mechanic Lien Process

You'll need an attorney. Give me a call.

Re: Mechanic Lien Process

You've essentially asked how to be a lawyer. You can try to represent yourself (assuming that you're a sole proprietorship). If you want to take on this burden, buy a book from Nolo Press (www.nolo.com) on how to represent yourself in court. Be forewarned, though, that it's a pretty difficult process.

If you're going to hire a lawyer, I strongly advise against hiring a lawyer from outside of your area. It's expensive enough to hire a lawyer. You don't want to also pay for travel time and expense. Call your local bar association and ask them to recommend someone with construction law experience. Virtually all bar associations have some screening requirements for the lawyers they recommend. This means that the person recommended to you will have at least minimal qualifications.

A better idea may be to see whether the CSLB will step in and help you. Usually, the CSLB is for the consumer, but they have an arbitration program that is pretty fast and pretty good. It's been my experience that the owners initiate this program but I'm not aware of why a contractor couldn't initiate it. The people involved understand construction. There are times when the CSLB will even hire an expert to evaluate things on their dime. This process costs a fraction of litigation. Understand, though, that it is completely independent of your foreclosure action.

If you go to court, you will be filing in Superior Court. They no longer have Municipal Courts which used to handle the smaller claims. Small Claims Court handles the really small cases, $7500 or less.

I wish I could tell you that you can pull this off yourself, but a substantial number of lawyers can't do it right. Be prepared for sticker shock. Most lawyers are charging from a low of around $175/hour to $400/hour. I'd say that the average in our county (Santa Cruz) is $250/hour. The larger counties probably average a bit more. It is very hard to bring anything to trial, no matter how simple, for under $10,000.