Legal Question in Construction Law in California

Mechanics Lien valid or not

The contractor building our pool damaged public property. He contacted the city and they allowed him to repair the damaged property. A contractor that works for him contracted with another company to do the repairs. This contractor has not paid the bill. The company has filed a lien against us stating that the work was done on our property and that we were responsible because the person we used to build our pool did the damage. Is this lien valid since the contractor they used has nothing to do with us and the work did not happen on our property?


Asked on 10/12/07, 12:11 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Mechanics Lien valid or not

I doubt you are subject to a valid lien, but anybody can file whatever they want. However, if an improper lien is placed on your property, you have legal remedies and damages you can claim. Feel free to contact me if interested in legally pursuing this, if the case is in SoCal.

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Answered on 10/12/07, 12:48 pm
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: Mechanics Lien valid or not

I think not, but interesting question.

A mechanic's lien is only valid against property which was improved. Is the damaged property "owned" by the public agency or does it merely have an easement?? Did the liening contractor send you a "20 day preliminary notice"?

E. Leoanrd Fruchter

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Answered on 10/12/07, 2:40 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Mechanics Lien valid or not

No!

And if you feel like taking action against that contractor who filed the lien, feel free to check out my website and give me a ring.

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Answered on 10/12/07, 2:27 am


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