Legal Question in Construction Law in California

Re: Sod Gone Bad

If the sod was never delivered and no work was done at your house, then there are no lien rights. Period.

Moreover, this is a contract for home improvement (Business & Professions Code 7151), which means the contractor was legally required to sign a specific sort of contract and deliver it to you before beginning any work.

Depending on the amount in controversy and how egregious this contractor is acting now, it might be worthwhile to contact a local attorney to consider YOUR options.

Re: Sod Gone Bad

Let's start out with the notion that placing an order is entering into a contract. If the order was placed over the phone, it's an oral contract, but nevertheless probably enforceable (depends on the dollar amount).

Was the sod company's obligation to install the sod, or just to deliver it? Probably just to deliver it, but that's my guess. If I'm right, this boils down to a purchase of goods contract, and unless the contract provided otherwise, you probably had an obligation to accept or reject the sod at the moment it arrived. If you accepted delivery or failed to inspect, possibly you are stuck with it, whether or not it was healthy upon tender of delivery. The sod company will argue that they delivered it in good condition in full conformance to the contract, and its death was your fault. I cannot say they would be right, but that will be their argument at trial, if it goes that far. A purchaser of perishable goods has to accept or reject them very promptly - again, unless the contract says otherwise.

Finally, yes, the sod supplier may be able to put a lien on your property. If the sod contract were made by a third party, e.g. your landscaper, it probably would have had to give you a 20-day preliminary notice, but if you placed the order, the preliminary notice requirement probably doesn't apply and you are subject to a mechanic's lien.

You may have a defense under the Statute of Frauds (Commercial Code section 2201) which requires some written evidence of any sale of merchandise for over $500, but this defense has many weaknesses and loopholes, and you should look it up and read it if you think it might be of any use to you, i.e. the sod cost you over $500.

Re: Sod Gone Bad

Bryan,

The contract must be in writing and given to the owner before commencing work.

See B&P 7159(c)(3).