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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.
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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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