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How to settle a false Lien

CaliforniaMechanics Lien

A GC I've been working with on a house renovation made up lots of charges at the end of a job- first it was 12k, then 15,500k then he made up 20,5k. I've asked him over half a dozen times to show me any signed change orders, and upfront change orders, any receipts any proof of expenses and he has failed to provide any. In addition the contracted he work he did many issues required redoing, hiring new people to tear up what they had done improperly and redo it all at my expense. I detailed all of these expenses- he refuses to accept any of them. Further, he failed to do things I had contractually paid for- like hooking up the washer and dryer-(which mean plumbing it and running electrical to it) I never signed a single change order for any of the work, but have paid him 10k- all of the parts of the final overages that I was actually responsible for. He used your site yesterday- well past 90 days from the end of the job - to file a lien against me. The lien is out of State. I've tried calling to find out if his contractor license is even valid- as there isn't one listed. His address appears fake as no record of his business exists online. I'm very confused as to how to proceed. Your help would be appreciated. Many thanks, Clay

2 replies

Mar 8, 2021
The lack of a valid contractor's license probably means the mechanic's lien is not enforceable. It is unclear what is meant by the lien is "out of state." If the real property affected is in another state, then you should consult with a lawyer licensed to practice in that state. I suggest you consult with a lawyer who has a background in construction law to assist you.
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Mar 8, 2021
There is so much to unpack in your fact pattern. I'll start with the big one. If contractor is unlicensed AT ALL TIME during the contracted work, then contractor is subject to disgorgement of all moneys paid whether for service or material. You can sue to get all of the monies paid back. Second, 'unsigned change orders' are invalid in CA. The questions there is whether the interaction between you and the GC leading up to the change order work qualifies as 'unsigned change orders' as opposed to the parties agreeing to the added work by other means other than signing a document called change order. That too is a investigation of the facts surrounding the lead up to the work performed. Third, depending on when the work was performed, or last performed in relation to when it was recorded, the mechanics lien may be totally invalid, or severely limited in the amount liened. This is something you'll want to consort with an experienced construction attorney.
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