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Can this contractor take our home. What can i do?

CaliforniaConstruction Contract

The contractor for our solar project filed 2 liens on our home in January of 2022. He was paid in full for the contract amount in October of 2021 by our finance company without our approval. We had a change order for 4500.00 and I am assuming that is what the lien is for. We were given an intent to lien letter but that is all. We never received an actual lien and I didnt worry about it because he was paid. None of the project is 100% complete. We rescheduled several appointments with the utility company for switching the power to new panel. He says we are in breach of contract for preventing him from finishing. The panel he installed was a 100 amp and the change order upgrades it to a 225 amp panel. He continually lies and I need to know what I can do about it. He is trying to make us sell our home to pay him. We have already filed a complaint with the contractors state license board and now we received a law suit in the mail. This guy is off the hook. Can he do this legally?? Take our home??

2 replies

Jun 28, 2022
A contractor only has 90 days to file a lien from date of completion. Once the lien is filed the contractor only has 90 days to file the foreclosure action. If the contractor misses either of those time frames the lien may be deemed invalid. See Civil Code sections 8412 and 8460.
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Jun 29, 2022
You can bond around the lien amount by posting a bond for the amount of the claim + 25%. That will secure a pile of money in an account. Then, regardless of whether the contractor actually sues you to foreclose on the house, you can substitute the bond money in lieu of the property. Contact a qualified construction attorney for details.
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