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CAN HOMEOWNER PUT A LIEN A CONTRACTOR

I HIRED A CONTRACTOR FOR A PRIVACY FENCE. HE DID NOT COMPLETE THE JOB COMPLETELY. I, TO MY MISTAKE, PAID HM IN FULL KNOWING IT WASNT COMPLETE BUT A THE TIME THE WEATHER DIDNT PERMIT. THE CONTRACTOR MADE ME BELIEVE HE WOULD COME BACK AND FINISH. AFTER 7 MONTHS OF MAKING PROMISES TO COME BACK HE STILL HASNT. ALSO WITH THIS I HAVE RECENTLY DISCOVERED THAT HE WAS TAKING MATERIALS I PURCHASED FOR THE PROJECT BACK TO THE SUPPLIER AND OBTAINING CASH. WHAT CAN I DO WITHOUT PUTTING MORE MONEY INTO THIS REFERRING TO HIRING A LAWYER. TOTAL AMOUNT I PAID FOR LABOR AND MATERIALS IS OVER $7000

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Oct 17, 2019

An owner cannot put a lien on their contractor during a payment dispute. A contractor could potentially file a mechanics lien against the project property if they go unpaid for their work, but that's not a two-way street. Granted, that doesn't mean there aren't other options to try and either force payment or at least convince a contractor to return and complete the project. Let's look at a few options outside of the traditional process of hiring a lawyer and making a claim. Sending a demand letter For one, sending an official, written demand letter can help move the ball more than just phone calls. Threatening to pursue legal action and/or to report the contractor to the CSLB might be compelling enough to force a contractor to return to the job. Where a contractor has left their work incomplete, has accepted significant payments in advance of work, and has stolen from a homeowner - there would seemingly be plenty of ammunition for potential legal claims, which should be helpful in drafting a demand letter. Further, most California construction projects require licensure. So, the contractor is likely in violation of their licensing rules or they may be operating without a license. In either event, a contractor could face serious penalties and liability, and the first step of putting the heat on a contractor for licensing issues is usually by filing a complaint with the CSLB. So, threatening to take things to the CSLB could be helpful, too. Finally, note that if theft took place, criminal charges could also be on the table. So, even if a contractor isn't particularly receptive to other threats, a threat to pursue criminal action might help change their tune. Small claims court Another option for recovering without sinking costs into hiring a lawyer might be to file a small claims court action. Traditional litigation can be costly and time consuming, but small claims court provides a more-efficient alternative for smaller claims, and filing suit in small claims court generally doesn't require a lawyer. More on that here: Guide to California Small Claims Court.

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