Legal Question in Consumer Law in California
plumber bill
my plumber severely overcharged. His contract says ''if for any reason contract is not paid as agreed, additional charges of 250.00 for pre-lien, 500 for mechanics lien and 500 for release of lien will be applied to overdue amount due.'' If I pay half and await his response as well as legal advice, how soon can he impose a lien? I have 2 written estimates by other contractors for the work @ 500, and he charged 1600. What happens if I pay 800.00?
1 Answer from Attorneys
Re: plumber bill
Your plumber almost surely has run afoul of the law here. There are a number of legal issues to examine.
First, you should know that if this project is for your personal residence, then the contract is a contract for home improvement and many legal protections come into play. The law was updated this year, and I haven't seen a contractor comply yet. (surely there must be some good ones out there).
Second, charging you money for filing a mechanics lien and releasing the lien is probably unconscionable. If so, it's a violation the California Consumer Legal Remedies Act. Not only that, but depending on what he includes in those liens, they may be void. Either way, if he actually records the liens, he's got to foreclose on them within 90 days or they become null.
Then there's the issue of his overcharge. Why did he overcharge you? Did you sign a Change Order? Was there a procedure for Change Orders laid out in the contract?
I've got a few of these cases going on right now. Feel free to give me a ring to chat about your situation.
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