Legal Question in Real Estate Law in California
We are an s-corp, subcontractor that was hired by a general contractor to install a shower enclosure for a customer. The general contractor has a contract with the customer. The customer refuses to pay the general contractor and we got stuck holding the shower door and hardware that the customer asked us to order. They told us they would pay us directly if we got the general contractor to deduct that amount from their contract. The general contractor refuses to. We filed a lien on the customer' home. They are taking us to court to remove the lien. Their attorney says we did not foreclose on the lien in a timely fashion. What does this mean?
1 Answer from Attorneys
If you don't file suit to foreclose on your lien (basically an action to collect on the lien) within 90 days of the day you recorded the lien (or whatever time limit is specified by statute), it becomes invalid. Assuming you did not file suit in time, you should probably agree to release the lien. If you're lucky, you can get them to waive their claim against you for attorney's fees.
This advice is offered to help you understand some basics. For actual advice you can rely on, you would have to consult with an attorney who can review the documents and ask you specific questions about your case. Good luck!
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