Legal Question in Construction Law in California

Mechanics Lien

I had kitchen remodel done back in July of 2007. Through the kitchen designer, she provided us with her cabinet installer. He is a licensed contractor. But during the installation, issues arose with installers workmanship and the designer became difficult to work with once she had the sum of her money. That same month we let both of them go. The issue is with the installer. He contacted me 2 weeks (7 months later) ago stating I owed him more money. I paid him 75% of the price back in July and he never did any more work. I have not heard from him since that time. We figured we just parted company. We never had a signed contract and I had him sign a 'conditional progress payment lien release' when we paid him. We hired someone else to finish the kitchen, but had to spend more to have the project finished. I realize that almost anybody can place a Mechnics Lien on a property, but only licensed persons may foreclose on it. We do not have a notice of completion, but it's been way over 90 days and we do not have a written contact. What can I do if he files a invalid Lien?? If so, what can I do to have it rendered invalid before the 90 day period?? Thanks.


Asked on 2/13/08, 5:15 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Mechanics Lien

Common sense answer: you get sued, you defend yourself. There is no magic here. Anybody can sue anybody for anything. Winning is different. If you have valid defenses, maybe he won't sue. If he does, present your defenses.

Weigh the risk/reward ratio of negotiating a settlement and payment, versus spending money defending the suit, if it happens.

Feel free to contact me if serious about getting legal help.

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Answered on 2/13/08, 5:26 pm


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