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Fraudulent Mechanics Lien

CaliforniaMechanics Lien

Licenced Contractor provided an estimate of 475 after looking at my property. After they were done presented me with a 3800 bill. They performed work that was never approved by me. I had previous companies estimates that were lower and would not have retained the Contracter had i known. Long story short he has threatened to put a lien on my property. Invoice was provided 3 wekks later after several request because I was not able to validate the work under the house. Can a contractor file the lein when I never approved for the work or the amount? They have sent me a Notice to Intent to Lein. Is a consumer protected from a fraudulant lien?

1 reply

Jun 11, 2022
It is probably a hollow, or moronic, threat. It would cost far more to litigate the lien than what the lien is worth. The proper course for the contractor is small claims court, not a mechanics lien. If he does file a mechanics lien, he only has 90 days to resolve or file the foreclosure action. Which again will cost more than it's worth, and there is no recover for attorney's fees on a mechanics lien unless there is an attorney's fees clause in the contract. You can recover limited attorney's fees on a quiet title and slander of title action to remove the lien if he doesn't remove it after 90 days.
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