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Mechanics Lien

CaliforniaMechanics Lien

I'm an owner and the laborer (not a GC) told me he'd filed a lien for unpaid work. He was fired and the work was bad and had to be significantly redone /fixed due to mistakes made. He was also intoxicated on the job. This job amount is over $500 and under 2000. The errors and fixing costs already exceed the invoice sent by them. What are my options? Do I have to hire an attorney? The chances of me actually recouping those fees when I'm found correct and the lien is removed is slim. This person does not conduct themselves well so they will avoid the courts and payment of those fees, regardless of the effect on their credit.

1 reply

Jun 15, 2023

I recommend that you wait and see if they file a foreclosure lawsuit on the lien. If the lien expires before they file their lawsuit, you can file a petition to the court to remove the expired lien and get an order requiring the lienor to pay your attorney's fees (which you may or may not be able to collect under the circumstances). In addition, the GC should be liable for the laborer's wages and the defective work. If the GC is solvent, you can sue them to recover your damages and to remove the lien. If you get a judgment against the GC and they don't pay it, you can notify the Contractors State License Board, and their license may be suspended until they pay.

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