Legal Question in Construction Law in California

Owe contractor less than $400

A contractor performed labor at my home and charged me less than $300 total. He caused damage to my property and I am withholding payment to him until I find out the cost of repairing the damage he caused which will take a few days. Can he still file a lien against my home? If so, how long does he have to wait before filing the lien? And would I be responsible for paying his filing fees too? Or because this job was under $400 can he not file a lien? I want to pay for the work done but I also want my property fixed.


Asked on 2/09/09, 3:28 pm

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Owe contractor less than $400

Yes, he can record a lien for any amount, but, at the same time, you have the right to withhold 150% of the amount in dispute. He has 90 days to record a lien upon completion of a job or 60 days if you record a "Notice of Completion" (30 days if it is a subcontractor of the prime contractor). Recordation of a lien isn't the end of the story. He then has 90 days after recording the lien to "foreclose" i.e., file suit on the lien. If the contractor wins the lawsuit, you would be responsible for his "costs" which always includes filing fees. On the other hand, he would be responsible for your "costs" should you win. Attorney's fees are not usually considered a "cost", but can be in certain situations.

Read more
Answered on 2/09/09, 4:53 pm


Related Questions & Answers

More Construction Law questions and answers in California