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Collecting from client / property owner without pre lien

CaliforniaPreliminary Notice

We sold custom cabinetry to a designer client and now the designer is not paying. We did not file a pre lien on the subject property or designer (not a contactor) so what are the current options? Thank you

1 reply

Dec 4, 2020

As your customer is not the property owner, and no preliminary notice was given, you most likely do not have lien rights. But there may be an exception based on estoppel if you have evidence that the property owner had actual knowledge that you were providing materials to the project. Absent such as exception, your primary remedies are going to be directly against the designer. However you may also have equitable claims against the homeowners if they have not paid for the cabinetry and have received it. 

Unless there are arbitration and/or mediation provisions in your contract with the designer, your best bet is likely going to be a demand letter followed by legal action.

If you would like to discuss further email me at ryan@huntortmann.com to set up a free telephone consultation. 

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