Legal Question in Consumer Law in California

Lien on House

We hired a contractor to build a garage behind our home. After the building was competeled and we had paid the contractor in full, we received a letter from the cement company saying they were going to lien our property because they hadn't been paid from the contractor. Apparently they have now lien our house. What can we do about this? Isn't this between the contactor and the cement company?


Asked on 8/27/03, 7:44 pm

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Lien on House

The lien is valid if properly recorded. Contact the contractor and demand payment be made. Make sure you receive a lien release from concrete contractor. If contractor does nothing, sue him for the funds, if under $5,000.00, in small claims court, if more, you must file a limited action in the Superior Court (not small claims division) You may also call the contractor's licensing board to report the matter and acquire the contractors bonding information. More questions and review of all facts, call me at your convenience. 800-685-6950

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Answered on 8/28/03, 7:54 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Lien on House

What you have is a mechanics lien. Without a long explanation, I can tell you that this is legal. You have a couple of choice. 1.Contact the general contractor and tell him if the cement is not paid, you will have to take legal action. 2. Pay the cement contractor and then sue the general. 3. Notify the State Contractors licensing board about this, get the name of the contractors bond co. and then notify them . Good luck.

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Answered on 8/28/03, 12:51 pm


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