Legal Question in Construction Law in California
Mechanics lien
I had a mechanics lien filed against my property for some concrete work we had done. The contractor who did the work did not charge us anything nor have us sign any kind of contract for the work(contractor was an associate of a family member). Apparently the concrete supplier was never paid and has filed a lien. Do they have a case against me even though I never signed a contract for the work? What should I do?
3 Answers from Attorneys
Re: Mechanics lien
Negotiate a settlement, or defend the suit they bring.
Re: Mechanics lien
Negotiate a settlement, or defend the suit they bring. Then, counter-sue the contractor if he's still in existance.
Re: Mechanics lien
If the contractor served on you, a 20-day preliminary notice (a "prelim") within 20 days of first providing work/services/materials to the project, then the contractor is likely entitled to the lien. But the contractor must sue to foreclose on it within 90 days of the date of recordation, or the lien goes stale (and becomes unenforceable and a cloud on title).
If the contractor did not comply with relevant Contractors License Law, then the lien may very well be void. In this case, you would file a petition in Superior Court to void the lien and also seek recovery of any attorneys fees (up to $2000) incurred in filing and arguing the petition.
This is a very complicated area of the law. You should consult an attorney familiar with mechanics liens as well as how to avoid them.
Good luck.
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