Menu
Home>Levelset Community>Legal Help>Does Filing a Notice of Completion Protect a Homeowner from Liens & Future Retalitory Inflation of Charges?

Does Filing a Notice of Completion Protect a Homeowner from Liens & Future Retalitory Inflation of Charges?

CaliforniaMechanics LienNotice of CompletionNotice of Termination

I am nearing the end of a 15-month home remodel, which started in August 2019. The remodel should have only been a few months. I met my boyfriend through my general contractor (GC) who in the process of my remodel, had a falling out and cut associations with my boyfriend (becoming enraged and threatening violence towards him back in April of 2020) and expected that I would do the same. There were a lot of idle periods during my remodel, the most recent was the last couple of months. My job sat idle since the beginning of September 2020 when I told my GC that I was talking to my boyfriend. I finally heard from someone last week and found out that the GC stills talks of fighting my boyfriend (GC has a history of street fighting for profit, claims to have never lost a fight and to have put a lot of people in the hospital), and is now just as angry with me because I have remained with my boyfriend after the GC cut ties with him. Now he wants to abandon the job asking his subcontractors (his family, who also don’t agree with my decision) to advocate on the GC’s behalf and complete a couple of minor tasks to bring one of the outstanding projects to completion which they did on 11/13/2020 – they mentioned that they wanted to bring back and install some shelves for a master bath vanity (which would not complete that project) – but after learning about their feelings toward me I don’t feel comfortable with having any of them back in my home. I have not reached out to them to request that they stay away, might be another couple of months before I even hear from them. My GC oversold me on projects around my home with the verbal agreement that he would carry the balance without interest and terms because I could not afford to pay outright for the additions. He provided me with a couple of balance sheets early in the project (but no signed contracts), and just last week his subs, brought me an updated balance sheet from the GC for work completed and some deductions on work that has not been completed. I also received another balance sheet from the subs (who are now also asking me to pay them directly for work they did while working under my GC a few months back – all payments were supposed to go through my GC). The price from both parties seems mostly fair, I am happy with their work, but it is not finished! And it looks like it is going to cost me more to have the work completed by another contractor than what his deductions allowed. I do intend to pay for the work they did provide (in payments because my remodeling chunk of change is gone) but I do hope to somehow negotiate larger deductions considering the situation. I have already paid more than $40,000 and according to the current balance sheet, I owe about $12,000 more to the GC and $2000 to the subs. Considering the volatile situation, I don’t want the GC to come back to me and inflate his prices out of anger (again – no signed contracts, I don't want a, he said/she said war) and since I am only able to make payments at this time, I don’t want a lien put against my home. I am assuming that I should file a notice of completion, which will limit my GC and subs to a 60-day window to put a lien on my home, right? Will this notice also prevent him from coming back and charging more than what is stated on his latest balance sheet dated 11/13/2020? Is there a burden of proof on me to prove that the job is complete? I saw conflicting information online - do I need to have my GC and subs served, or are they notified via their address listed on their contractor’s license? We never had a signed contract, so notice of termination is not valid or appropriate in this situation, right? Is there anything else that I should do to protect myself, my family, my home, my finances - i.e. file a police report on the threat of violence? Any advice is much appreciated.

1 reply

Dec 24, 2020
Great questions! Disappointed that there are no replies. I have a very similar situation (sans the boyfriend part).
0
Report Spam