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How long do I have to pay after receiving notice of intent to file a mechanics lien?

CaliforniaMechanics Lien

My carpet was installed six months ago. I paid 50% then waited four months for bald spots on corners of stair steps to be fixed by installer who couldn't do much and left before addressing all steps when I questioned him. The company kept thinking the problem was corrected then finally sent a manager two months later who took pictures and says if I want him to order more carpet and reinstall I would have ro pay in full. Then I received in mail same day a notice of intent to file a mechanics lien. Do I pay and ask to get in writing they will replace the bad steps? I'm in California.

2 replies

May 7, 2021
There are a lot of issues here. Did you receive a fully signed Home Improvement Contract that was filled out, and had a notice of your right to terminate the contract? Was there any kind of warranty on the carpet that was installed? There are time limits for recording a mechanics lien, and it sounds like the contractor may be close to or past the deadline. I suggest you contact a lawyer with experience in construction law to assist you in understanding your rights and remedies.
May 10, 2021
There are also IMPLIED Warranties for which contractor may be held responsible. Those are in addition to EXPRESS Warranties. It appears the LIen period for filing a Mechanics Lien has past however the devil is in the details. You should consult with a Construction Lawyer. John W. Schilt, Journeyman Carpenter and CONSTRUCTION LAWYER for 25 years. TENAX LAW GROUP, PC

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