Legal Question in Construction Law in California

Work done on home on oral contract

I had a sheet metal company install a copper canopy on my home. The employee that estimated the project quoted me $250, but then the bill of $1000 arrived. No change orders were received, not even an original contract. The company is licensed in CA. as a contractor. I have spoken to the owner and he is sticking to the $1000 amount, even though no contract was signed. The job was finished at least 3 mo. ago. I have not received a 20 day notice for a Mechanic's Lien. If the owner decides to pursue that route, what recourse do I have? Thank You


Asked on 9/16/07, 7:24 pm

1 Answer from Attorneys

EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: Work done on home on oral contract

1. Contractor is required to provide written contract for any project in excess of $500.00.

2. The prime contractor is not required to send a preliminary notice.

3. The deadline for filing a mechanic's lien is 90 days after the project is completed.

4. You cannot stop the contractor from recording a mechanic's lien. If he does, he must file a lawsuit to perfect the lien within 90 days of filing it; if he fails to do so, the lien is stale and you can file suit to hav it cancelled.

5. If he does record a lien, you should see a construction attorney.

Good Luck

E. Leonard Fruchter

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Answered on 9/17/07, 12:39 pm


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