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How do I enforce the lien?

California

Summary: We were hired by a contractor to build a glass spiral staircase; glass railings and treads. Contractor paid our 50% deposit and then defaulted on the balance. Notice of Intent and subsequent Mechanics Lien was filed 17 months ago on a homeowner where our work was done. We asked our attorney to file against the contractor. A judgment was ordered against the contractor for the full amount. The contractor said that the homeowners never paid him the full balance. But that took 17 months for him to tell us? Now, that the contractor is about to lose his license he wants to pay us, although over the next 12 months. Since our original lien was not perfected by us filing a suit against the homeowner, I do not believe our lien is valid. I am certain that the homeowners’ attorneys will figure that out. I would like to know if there is a way to enforce our original lien or file a new lien because we think that the homeowner did not actually pay the contractor the full amount and possibly, we can have the homeowner pay us our balance.

2 replies

Sep 29, 2021
It would be and could be difficult, but one potential route would be to have the contractor assign his claims against the homeowner to you. You couldn’t lien the property, but you could file a breach of contract action against the homeowner then.
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Sep 29, 2021

Hi Sean, thanks. Interesting strategy.

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