Legal Question in Construction Law in California
mechanics lien on my property
We did an extensive remodel half a dozen years ago, including major
landscaping. The landscaper was great conceptually, but slow on the work,
frequently did not return phone calls. We paid all initial bills, then the bills
stopped coming. Work continued on and off for another two years, but no bills,
and no way to check progress due to unresponsive landscaper. A $70,000 bill
came three years after the last bill and a year after work was complete. Then a
lien against the property. What is my next step?
3 Answers from Attorneys
Re: mechanics lien on my property
Contact the landscaper and demand an itemized list of all work and materials supporting the $70,000 bill. Then voice your complaints to him/them. After that, offer a fair amount to compensate in return for a release of the lien.
BTW, if the landscaper does not sue on the lien within 90 days of its being recorded, it becomes void. Also, check to see when the lien was recorded and compare that date to the date the work stopped. If there is too much time in between, the lien may be no good. But the landscaper would still maintain a breach of contract action.
Finally, contact an attorney to handle this matter for you. Good luck.
Re: mechanics lien on my property
The lien, if recorded and properly executed will trigger a lawsuit to foreclose and perfect the lien. If you believe that there is a reasonable potential to work out the matter with the landscaper, make sure that a recorded release of the lien is included in any settlement. It is also a good idea to have the settlement put into writing by an attorney.
If the matter goes to litigation, you will need to file an answer, and potential a counterclaim for any unreasonable delay, poor workmanship, etc. At that point it would be highly adviseable that you seek competent representation.
Re: mechanics lien on my property
It sounds like the lien is untimely, but the landscaper probably still has a right to sue for breach of contract if you don't pay him. Although the bill is late, this is actually a benefit to you since you did not have to make payments for quite some time. I wouldn't accept any claims for interest since you weren't billed till recently. I'm assuming that this was a time and materials job. You'll need to check to make sure that the bill is accurate. You have the right to demand an accurate accounting if you contracted with the landscaper on a time and materials basis.
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