Legal Question in Construction Law in California
Threated with a Lien on our house
We had concrete put into our back yard. The first delivery was not enough to cover the space that our cement laying company was going to fill, so they refused to pay the entire bill to the concrete company. The cement laying company ended up finnishing the job and now want payment. I am hesitant to pay them because the concrete company is threatening to put our house on a lien to get the money that the cement laying company did not pay. I don't want to be stuck with both bills.
1. Am I liable to the concrete company even if I don't have a contract with them?
2. Since the cement company decided not to pay for the excess cement, don't they have to pay for it?
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2 Answers from Attorneys
Re: Threated with a Lien on our house
Your initial contractor is liable for all the concrete necessary to perform his contract. If that means he had to buy more, then that is his problem. Your problem is that more concrete was bought but not paid for by the initial contractor. Ultimately, while the original contractor is liable for the additional concrete, the supplier can put a ''material-man's'' lien on your house. Your best play is then to pay the supplier and sue your contractor for that amount, or if you haven't paid him yet, deduct it from what you owe. Call me if you need more explaining. Good Luck. --Phil
Re: Threated with a Lien on our house
Homeowners are liable for all supplier's bills, and can end up paying twice if a contractor doesn't pay his subs. So, before paying any supplier, get releases. Contact a local attorney for help if you can't figure out how to do it.
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