Legal Question in Construction Law in California

Sod fraud?

I went into an oral agreement with a sod company to deliver sod and install it for $1000.00. They came with the sod and told us our soil wasn't prepped. So I denied the order and they took away the sod. Now the sod company is trying to collect monies for the sod that they couldn't get rid of for the amount of $750.00. And are threatening that if we don't pay that they will file a lien. What can I do? They are harassing me. Please Help! I am in California.


Asked on 8/15/07, 8:45 pm

1 Answer from Attorneys
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: Sod fraud?

A mechanic's lien is only applicable for materials used in improving the property. Since the sod was not used nor left, the sod company should not have a valid lien. In so far as their contractural rights, that depands on the contract. Did they tell you in advance what soil preparation would be required? Did they give you written instructions? Did they inspect the site before delivering the sod? Did they act in a reasonable manner?

best of luck

E. Leonard Fruchter

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Answered on 8/16/07, 12:09 pm


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