Legal Question in Construction Law in California

Re: Repossess materials from job

A licensed contractor should not remove materials installed on a project and should use the established lien procedures and/or file a lawsuit to recover damages. If the licensed contractor wrongfully enters onto the land to repossess, you could potentially be arrested for trespass and may be liable for conversion of the property.

The only way that a licensed contractor could potentially repossess the property would be if there is a written contract between the owner of the real property where the materials were installed indicating that the licensed contractor and title to the goods does not pass unless and until the owner has made all payments under the contract to the contractor and the contractor retains the right to repossess the materials. These clauses are rare indeed and highly frowned upon by the courts. Furthermore, if title to the real property has passed to a subsequent homebuyer and you do not have a contract with them then you would almost certainly be liable for conversion (stealing/repossessing the property) plus any damages that were caused by the repossession.

If the materials in question is less than $7500.00 then I suggest you file a small claims suit against the other party. In addition, you may file a mechanics lien against the property which may provide some pressure to get you paid even if you think the timelines have passed if there was a default in the notice of completion filed or for other reasons but be aware that if you knowingly file a false mechanics lien then you could end up with nothing on your claim.

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Re: Repossess materials from job

No, the law frowns on self-help. Licensed contractor have the benefit of a very favorable and very well-established set of procedures for remediating wrongs, so you are best advised not to turn into "repo man," but to use the established lien enforcement rules. If it were loose materials at the job site like half a unit of studs or several yards of crushed granite, thts'd be one thing, but your rights in thinds that you've affixed to the property are very different (i.e., zero).