A mechanics lien for full amount of the contract is filed by a licenced contractor i fired due to lack of skill, cut the walls more than needed and had a fire in the kitchen due to negligence, he completed only 20% of the work but had put lien for full amount. I spent double the amount than his contract to get it fixed to normal. Is it valid for a contractor to put a lien without completing the work(fired in this case)? When will the lien applicable to the title of my house, Is it as soon as filed? Currently, even-though it is filed with county, it's not effecting my house's title yet? Does it mean it's invalid recording and cannot foreclose? Do i have to worry about this lien? Do i have to Sue the contractor for Frivolous Lien or have to wait for foreclosure notice/lawsuit? what should be my next steps?
The validity of contractor's lien depends on many factors: 1) was it filed timely (typically within 90 days of his last being on the job); 2) did he prelien the work within 20 days of the amount claimed is due and owing; 3) did he file the lawsuit within 90 days of filing the mech lien?
Further, if contractor screwed up his work and caused you damage, you may a counter claim against him for resultant damage and claim against him and his general liability insurance.
Additionally, you can make a claim against his surety bond and take the claim to CSLB to help recover this damages and costs.