Legal Question in Construction Law in California

Re: Mechanics Lien

This is a favored technique of not so honest homeowners: refuse to make the final payment. The mechanics lien will sometimes have the effect of forcing an owner to pay without having to "foreclose" the lien. More often than not, however, they simply continue to refuse to pay and start threatening lawsuit of their own. Foreclosing means bringing a lawsuit. You can foreclose a lien in small claims court (up to $5000) although some small claims judges will be confused by your request to foreclose a lien. Generally, they simply hand out money judgments.

You can try to either arbitrate or mediate the dispute. These two techniques are often quicker than lawsuits if the dispute exceeds $5000. Small claims court is very quick and very easy to do. I suggest buying a guide to small claims court from Nolo Press. (www.nolo.com)

You have confused me with your phrase, "one of the other general contractors." There is usually only one general contractor. Sometimes an owner will contract directly with many subs. Perhaps this is what you meant? It is true, however, that as an employee of another contractor, you shouldn't be directly responsible to the owner for problems created by that contractor. You may have to answer to your employer for a mistake you made as a salesman, but the owner usually will have no direct cause of action against you as an employee.