Legal Question in Real Estate Law in California

Re: finished construction, not finished

A contractor has 90 days from when either the work

is finished or he files a Notice of Completion within

which to file a Mechanics Lien. The Mechanics Lien

secures the contractor's payment with the property

upon which he was working. If your contractor has

filed a Notice of Completion (with the County, not

the City), then his 90 days have started to run.

However, that does not mean that you should pay him

for work done improperly or for work not yet done.

Don't pay him until it's complete and correct. If

there is an amount you agree is owed and you need

to withhold only part of the payment to secure

completion or correction of the work, you should pay

him what you agree you owe. Don't be intimindated

by the possibility that the contractor will file a

Mechanics Lien. If you don't get your dispute with

the contractor resolved before the end of his 90

days and he does file a lien, he still has another 90

days before he has to file a lawsuit on that Lien.

If you get your dispute resolved within that 90 days,

the contractor can release the Lien then. If your

dispute still isn't resolved after another 90 days,

then the contractor can file his lawsuit, but that

doesn't mean he'll win; if you're right about the

quality of the work, you'll win.