Menu
Home>Levelset Community>Legal Help>Can a mechanics lien be filed on our property?

Can a mechanics lien be filed on our property?

California

We signed a contract and agreed to 1 change order for a cabinet project at our residence. We paid a deposit of 50% when the agreement was signed in June 2019 and we received a Preliminary Lien Notice at that time. Per the agreement we paid an additional 40% in mid July 2020 when the cabinets were delivered to our home. So, we have paid 90% of the total contract and change order cost. On the day of delivery and when we made our second payment, the company owner voluntarily withheld collecting 10% of the total project cost because some work had not been completed. In mid December 2020, the owner presented his final invoice for the outstanding 10% balance. We contend that there are deficiencies in the product delivered that would cost us more for us to have fixed than the amount of the final invoice and we informed the owner about them in writing. Our position is that we should not have to pay the final invoice in full. The owner is threatening to file a mechanics lien on our property for the amount of the final invoice. Question: can the owner file a mechanics lien on our residence for the final invoice amount given that we've paid 90% of the contract cost to him over 150 days ago?

0 replies