Legal Question in Construction Law in California
mechanic lien and supplier refusal to provide invoice
We rec'd a ML from a supplier after we fired out GC. Previously, fired GC was using our large lot for storage of various supplies for other jobs in area as we recognized the materials were not needed for our construction. GC did not remove material until we finally said we'd give it away to get it off out property. With the advent of the ML, we wanted a copy of the itemized invoice ($30K) to determine if ML include supplies delivered to our house (unbenownst to us in the beginning) but used for other jobs. Supplier REFUSED to give invoice as we are not the ''customer'' and told us to go to GC (supplier knows GC was fired and we'll never see this from GC). I would think it is within our legal rights to get a copy given we were help financially accountable for GC failure to pay and we paid GC prior for all services performed, including the procurement of material? Side note: GC finally paid - which is when we asked for the invoice. Can the CSLB help with getting supplier to give this invoice to us.
3 Answers from Attorneys
Re: mechanic lien and supplier refusal to provide invoice
To answer your last question first: no, the CLSB has no "jurisdiction" over a material supplier, as a material supplier is not necessarily licensed contractor. Even if it were licensed, it is not acting in the capacity of a contractor by merely supplying lumber to a GC.
To address your "side note:" you've said that the GC finally paid for the lumber that is the subject of the mechanics lien. That seems to speak right to the heart of your issue. If the lumber has been paid for, then the lien should be removed. Has it been removed? Are there any demands for further payment from the supplier?
Now, to your question about the invoice: I know of no rule that says you are entitled to it, either statutory or case precedent. Perhaps my e-colleagues can confirm or deny that. The mechanics lien claimant is required to file a "claim of lien," which sets out the basis for the lien. Should you challenge that basis in a court action, you would be able to get a copy of the invoice through the discovery process, as you are entitled to challenge the underlying obligation.
There are unanswered (and unasked) questions here. It sounds like you might have a construction dispute looming or already pending. If that's the case, you should visit an attorney at your earliest convenience.
Good luck.
Re: mechanic lien and supplier refusal to provide invoice
I would verify that the GC paid the material supplier and if so then write a letter demanding that the supplier file a notice of withdrawl of their mechanics lien by (give then one week to do so). Do not admit or get into other issues in your letter. If they do not file a notice of withdrawl immediately then I would WAIT until 91 days after the mechanics lien was filed to see if you are served with a mechanics lien foreclosure lawsuit.
If you are served then seek counsel immediately.
If you are not served within 90 days of them filing their lien then hire a construction attorney to file a petition to remove the mechanics lien from your property. A mechanics lien foreclosure action must be filed within 90 days of when the mechanics lien is filed under Civil Code 3144. You will be able to recover your attorney fees up to $2000.00 from the supplier if your petition is granted.
Please contact our office should you seek representation or seek to have us prepare the letter and petition.
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Re: mechanic lien and supplier refusal to provide invoice
We agree with Mr. Meyer on this.
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