Legal Question in Real Estate Law in California

Re: No contract, no conditional lien release

Your question omits a lot of facts that may affect the outcome, for example:

1. When you say 'no contract,' do you mean no written contract, or you can't find a copy? Surely you didn't build a concrete driveway without at least an oral contract (which might or might not be sufficient, by the way).

2. Are you a licensed contractor?

3. Who authorized the work--the man you mention who lived there, the owner, or?

4. If there was no lien release, was a lien notice ever filed?

5. Were you the prime, or a sub?

6. If you didn't file a notice, did anyone else, such as a supplier?

7. Was a permit obtained? If so, who applied for it?

8. Who else might be liable for the improvement? Is there a wife? An owner?

In small claims, the outcome often depends upon the judge's overall impression of the credibility of the parties and their witnesses and evidence. Specific types of evidence may not be needed, especially if the other side fails to show up or has a weak presentation. On the other hand, the court is likely to be concerned with whether you (or your company) observed the requirements of the contractors' licensing laws and the home improvement contracts laws.

Finally, you should be aware that you may be facing a statute of limitations problem, and if the contract was oral it may already be too late to initiate suit (statute runs out,generally, two years from date the oral contract was broken).