Legal Question in Real Estate Law in California
Completion and Lien on property
I recieved a copy of a notice of completion from my cotractor. It was filed on 1/21/00 and recorded on 1/24/00. It states the work was completed on 12/15/99.We were never asked or informed that the contractor was filing or if the work was complete(it still is not). He has stated that "by law" he will have to place a lien on our home if we don't pay the final. He states the lien well force us to sell our home. What time frame or dates are we working from. Well we have to sell. Do we have recourse?
Thank You
2 Answers from Attorneys
Re: Completion and Lien on property
The contractor has 60 days from recordation of the notice of completion in which to record his lien.
Re: Completion and Lien on property
The filing of the mechanics lien does not automatically result in the sale of your home. Tell the contractor what still needs to be done to complete the work. This should be in writing and should be as detailed as possible. Pictures of what needs to be done would also be helpful.
If you and the contractor are unable to settle, he will then have to sue you in court if he wishes to enforce the lien. At that time you will have the opportunity to present your side of the case. You should pay for the work that you agree has been done properly.
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