Legal Question in Construction Law in California

An unlicensed contractor filed a mechanic's lien against my property for unpaid balance of $715. I wanted to pay $415 he wanted full payment. There was no signed written contract. How do I properly remove lien & what time frame to I have for any legal action? I do not have his address, just a cell phone #. Please advise.


Asked on 9/17/12, 2:28 pm

2 Answers from Attorneys

There is a statutory procedure for removing mechanics liens, and provides for attorneys fees to be paid by the losing party. I and most attorneys who do that kind of work accept the statutory fee as their full fee for the proceeding, if the lien is truly and clearly invalid.

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Answered on 9/17/12, 2:39 pm
Nick Campbell Builders Law Group

If he/she refuses to voluntarily release the lien, you can file in court a petition to remove the lien. If the contractor was not properly licensed, this should be fairly easy. You can also seek recovery of your costs for filing and reasonable attorneys' fees if you prevail. The Sacramento County Law Library has a step-by-step webpage for handling this yourself, complete with instructions, code references and forms: http://www.saclaw.lib.ca.us/pages/petition-mechanics.aspx.

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Answered on 9/17/12, 2:42 pm


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