Legal Question in Construction Law in California

Re: Poor workmanship and failure to pay sub

Having practiced law for over 30 years in the real estate area, and dealing with mechanics liens in a large percentage of them practice I am well familiar with the mess the owner can get into when you have a bad general. My immediate advice is get yourself to an attorney who is an expert in real estate law/construction so you can obtain all the alternatives that you may have available to you in dealing with this project. I do not envy your position and to tell you what you could have done what is the romping salt in the wound. Basically, you need to know what you can do now to lessen the additional cost to you in the future and get sure project completed as expeditiously as possible. By the way, I have yet to see a new framing sub and/or general who ever feels that the work of the previous sub is absolutely perfect. At the same time, if it is a bad framing job you may wish to have it tore down and read framed. Do not do anything before you seek the aid of an attorney who can't personally, in front of you, after you give them all the paperwork and explain that your situation to him/her, so they can advise you properly. Mechanics lean law is statutory nature and involves a substantial amount of absolute timing. If the sound has not taken the proper preliminary procedures the sub cannot lean your project. Get thee to the lawyer.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: Poor workmanship and failure to pay sub

Ugh. What a mess. First, every vendor, employee and licensed contractor who puts labor and/or materials into your home is entitled to lien your property and then foreclose on that lien. This means that a homeowner could end up having to pay twice for the same work such as in your case where you advanced money to the general contractor who didn't, in turn, pay the subcontractor.

There are, however, steps that the sub had to have taken to give him the right to foreclose on the lien. Absolutely anyone can record a lien, but the greater question is whether they can successfully foreclose (sue) on that lien. Assuming that the framer's contract was with the general contractor, the framer should have properly served you with a prelien. The prelien would have to be timely. It sounds like from your description that he could still prelien you and foreclose for at least a portion of the work he has done. It's hard to say without a lot more of the facts. There are other factors and defenses that are too complicated to go into here. I'd also check to see if he is licensed. If he isn't licensed, he can't maintain an action for compensation for his work. (He might try to claim that he was an employee. This is another can of worms.)

Take whatever the new framer says with a grain of salt. It may well be that the previous framer was bad, but I can never remember a subsequent contractor praising the work of the guy who preceded him. A better idea is to contact the Contractors State License Board and file a complaint. You can likely get them to do an investigation on the general contractor, who is ultimately responsible for the framing, and get the CSLB to send out an expert to opine on the quality of construction. In some ways, it doesn't matter, because you are damaged if it costs more to complete the job and, theoretically, you can get a judgment and collect against the general for these damages. You are also entitled to a set off against the framer for any costs to repair his work.

Things you can do other than contact the CSLB: 1. Make a police report on the general contractor. It sounds like he may have diverted the money. It is a crime to take money from one job and apply it to another job. The more money you paid the general, the more likely the police and DA will get involved. 2. Make a claim against the contractor's license bond. 3. Contact an experienced construction law attorney.