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Can a Pool Company file a Mechanics Lien?

California

Hello, We worked with a pool company to design a new pool construction for our home. The permits and design were completed and $2k were given to the pool company. The project kept getting pushed back more and more so we decided to scrap the whole thing. We notified the pool company of the cancellation and they came back to tell us they would file a Mechanics Lien. Can they actually do this? There was no physical work done.

1 reply

Oct 5, 2022
The purpose of a mechanics lien is to secure payment to a contractor for the work performed, not to enforce contractual rights as to what was agreed to be performed. Nevertheless, if a contractor wants to record a mechanics lien, there are no barriers to a contractor doing so. The contractor, however, has 90 days from the date of recording the lien in which to file a lawsuit to enforce the lien, and relatively few contractors pursue these kinds of claims. I suggest you meet with an attorney to advise you concerning the specifics of your situation.
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