Legal Question in Construction Law in California
Mechanic's Lien Recourse
We have been hit with a mechanic's lien over a $125 check that we cancelled the day after the handyman's ''service'' was performed. What should have taken him no more than an hour to do was completely botched and he left the work unfinished after 5 hours of incompetent bumbling. He left us with leaking water pipes and no water in the house. We had to make a call and write a check to a local professional who came that evening and re-did the job correctly in under fifteen minutes. We were so incensed that we decided to cancel the handyman's check and call him about it the next day. But he came back for a forgotten tool before we had a chance to call him. He made no mention of intent to file a lien. We do not feel that we should be forced to pay this man. Is there anything we can do?
2 Answers from Attorneys
Re: Mechanic's Lien Recourse
If I was you, I'd weigh my options. You could file a motion to release the mechanic's lien about 90 days from now (assuming he fails to file a complaint to foreclose on the lien), or you could sue him for slander of title, or you could hit him in the mouth with a monkey wrench, or you could just pay him.
As an outsider, I would be inclined to tell you that it's cheaper and easier to pay him. However, if I was in your shoes, I'd probably be so ticked off that I'd rather spend $300 fighting him than $125 paying him.
Feel free to email me if you want more specific advice.
-Ben
Re: Mechanic's Lien Recourse
I'd immediately complain to the Contractors State License Board (CSLB). They're free even if not always super effective. I definitely wouldn't pay the guy. You'll be able to get rid of the lien eventually and I simply can't imagine that he'd actually try to foreclose (sue) on the lien. He has to do this within 90 days or the lien "expires." This doesn't mean it will automatically go off title, but the law says that it is no longer effective.
Next, I'd sue him in small claims court for the damage he caused. Small claims court is quick and easy. I'd even ask the judge to remove the lien in the process. There's a good chance that the handyman won't show up. Then send a certified copy of your judgment to the CSLB. If he has a license, they will suspend that license until he pays you the judgment. This tends to work very well.
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