Legal Question in Construction Law in California
Mechanic's lien against homeowner
We had a yard installed by a licensed contractor. We paid him in
full. He did not pay one sub, who field a mechanic's lien against
our home. The lien was filed approx. 110 days after completion
of work (as determined by final walkthrough, check written to
contractor and filing completion paperwork with HOA).
Additionally, construction had been completed roughly 125 days
prior to filing. Do we have any recourse to get the lien off the
house or do we need to pay the sub for supplies again?
2 Answers from Attorneys
Re: Mechanic's lien against homeowner
Well I would start with the contractor and find out why he did not pay the sub. Otherwise you may want to pay the sub and sue the contractor for payment and fees.
Re: Mechanic's lien against homeowner
A claimant has 90 days from the completion of a project to record a mechanic's lien. You have several options.
You can start by contacting the contractor and ask him why the sub has not been paid and when he plans on paying the sub.
Secondly, you can get a lien release bond meaning that the surety will step into the shoes of the property should the sub actually foreclose on the lien. That way you are guaranteed not to lose your property.
Thirdly, you can pay the sub and sue the contractor.
Fourthly, you can oppose the lien no and try to extinguish it on the basis that it was untimely filed.
Finally, you can wait for 90 days to expire from the date of the lien being recorded keeping your fingers crossed that a foreclosure suit is not actually filed within that time. After 90 days, the lien has no effect and you can file a petition for it to be extinguished.
If you are serious about legal help, contact us.
Good Luck.
www.SoCalConstructionLaw.com
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