Legal Question in Consumer Law in California

mechanics lien

I had electric and plumbing work done by a licensed architect. He gave me a verbal bid of $5,000 and to date I gave him $4,700 cash with witnesses. He said I owed him about $l900 and not $300 because it took him longer to do the work than he thought and he had to hire help. I applied for a refinance and was denied as he has filed a mechanics lien for $4600. What is my recourse?


Asked on 8/10/07, 7:52 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: mechanics lien

Do you have a written contract? It sounds likely that his lien is invalid and that you can file a petition to remove the lien. Call me if you'd like to discuss.

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Answered on 8/10/07, 8:04 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: mechanics lien

If his is a contract for home improvement, then it must meet specific legal requirements to be enforceable. Additionally, the architect must also be licensed as a contractor to actually do the work. If not, you may be able to get your entire $4600 returned. While I have a similar case going on right now, you should know that there are procedural prerequisites to suing an architect. Additionally, the lien must be foreclosed within 90 days of recordation, or it is lost. I think you can beat this.

I'm in the bay area and would be happy to chat with you at no charge.

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Answered on 8/10/07, 8:15 pm


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