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Can i file a mechanics lien

California

I was hired by the homeowner to do a driveway approx 3900 sq feet. I poured half of the driveway which was about 1700 sq feet. While prepping the 2nd half of the driveway the homeowner wanted to move the forms out more which would result into more labor and materials. When I told her that she would have to pay an extra 2k we got into an argument and she fired me. She kicked us out of her property after i set up all my forms graded and layed rebar. The project value was $20,000 there was $10,000 left in the project. I want to put a lien on the property for my time labor and materials for everything I did to get the second half of the property ready before she fired me. Approximately $6000 labor and materials. That I feel is owed to me.

9 replies

Sep 30, 2020

Depending on when she fired you, you may have a lien right for some or all of what you are owed. Even if you don't have a lien, you may have a breach of contract claim. You should consult with an attorney to determine exactly what your rights are and the most economical way to exercise them.

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Sep 30, 2020
Thank you. This was about 2 weeks ago when she fired me. What can I do?
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Sep 30, 2020

You likely have a lien right then. You have 90 days from your last day at the property to record your lien. You may want to consult with an attorney to make sure you only include proper amounts in your lien, because otherwise it could be declared fraudulent. 

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Sep 30, 2020
Who can I contact about my situation.. lawyer?
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Sep 30, 2020
Jason can you help me?
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Sep 30, 2020

Yes. You can contact an attorney. I am a construction attorney, and you can feel free to reach out to me at 813-543-9823.

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Oct 1, 2020
You should be able to lien for the value of the work (labor and materials) that you actually used on the project. You can’t include your lost profit on work she didn’t let you finish in your lien, although you could include it in any lawsuit you file against the owner. Just the work you did. I’m happy to answer more questions about this for you.
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Oct 2, 2020
Thank you cattlemen can you send me your number. Do you service CA?
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Oct 2, 2020
Dear Mr. Mafileo, I would be happy to help you with your matter. I called and left a message on your voice mail a few minutes ago. I do service California. My contact information is below: Cathleen M. Curl, Esq. Law Office of Cathleen M. Curl 700 El Camino Real, Suite 200 Millbrae, CA 94030 T 650-871-5955 /cell 650-868-6322 F 650-588-7101
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