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I got solar 3 months ago and the contractor didn’t pay the subcontractor . Just got notice of a mechanic lein

CaliforniaMechanics Lien

I just got notice of a mechanic lein what should I do next

2 replies

May 31, 2020
You should first send a letter to the general contractor demanding that they pay the balance owed to the subcontractor and remove the lien within a specific, short deadline. If the general contractor doesn't remove the lien, you can either immediately file a lawsuit against the general contractor to compel them to remove the lien and compensate you for your damages or wait until the subcontractor files a lawsuit against you to foreclose the lien and file a cross-complaint against the general contractor for indemnity. Your rights and remedies against the general contractor will depend in part upon the terms of your contract. You can also file a complaint against the general contractor with the Contractor's State License Board (CSLB), but that may not get you any quick relief. And you can file a claim against the general contractor's license bond. You can find the name of their surety on the CSLB website.
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Jun 1, 2020
Unless you received a timely written Preliminary Notice from the subcontractor via certified mail, the subcontractor’s lien is invalid and must be released. When this happens to my clients, I generally prepare a Release of Lien form and send it to the subcontractor with a strong demand letter for them to release the lien immediately. I like to include the Lien Release form because many contractors don’t know how to release a lien. I’d say this works 75% of the time. If they refuse to release the lien, you can file a petition with the Court using the letter as proof you asked them to release it and they refused, and the subcontractor can be held liable for the full amount of your attorney’s fees in bringing the petition. The Court will then enter an order releasing your property from the lien which you can record to get clear title to your property back.
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