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I filed a lien on a client and she is now suing me back, what are my options?

CaliforniaLawsuit

I had a client that did not pay the full invoice because she said that I damaged her pool. She had asked and requested I use a specific machine to compact the area where I was installing pavers. I let her know that the specific compacter she wanted me to use would cause damage to the pool's plumbing. I suggested we use another type of compacter. She refused, so we went ahead and used the compacter she wanted. Of course, it damaged her pool's plumbing. So she hired a pool contractor to fix the problem and discounted it from my invoice. So i started a lien and now she is suing me and wants me to cover her lawyer fees.

3 replies

Jan 24, 2023

Contact your Commmerical General Liability Insurance company. If you don't have CGLI contact a Construction Law attorney. A plaintiff is only entitled to attorneys fees if allowed by Statute. If you had an attorneys fees clause in your contract, then the owner may be entitled to attorneys fees per Civil Code section 1717. If you left the Mechanics Lien recorded for more than 90 days without filing the foreclosure action, then the owner may be entitled to attorneys fees as to their "slander of title" claim. 

You may want to contact levelset directly, via phone, to see if you can delete your question. Typically it is better not to include your name when you ask legal questions on a public forum. 

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Jan 25, 2023

You'll need to respond to the lawsuit - preferably with an attorney. You should immediately send a copy of the lawsuit to your Commercial General Liability (CGL) insurance carrier. Hopefully, your CGL carrier will provide you with an attorney to defend against the lawsuit. Kevin Meade, Esq. - 949-502-7715 - kmeade@TALGlaw.com

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Jan 27, 2023
If you were covered by CGL insurance at the time of the work, place your insurance carrier on notice of the lawsuit and request a defense. They will appoint a defense attorney to represent you. If you have further questions, please feel free to contact us.
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