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Lien on property

I hired a contractor to do cement work in my driveway. I paid him off with a check and cash. A week later his supplier contacted me to pay the materials that he has not paid and that they were going to put a lien on my property if I did not pay. What should I do? I’m in california

3 replies

Oct 20, 2021

If the concrete supplier served you with a 20-day preliminary notice, the concrete supplier is within its rights to lien your property. If the notice was served, wait it out. That is, the supplier has 90 days after the project is complete to record a lien (or 30 days after recordation of a notice of completion) and then 90 days after that to file suit to foreclose on the lien. If those deadlines are not met, you have nothing to worry about. If the lien is timely recorded, and a lawsuit is filed, you need to talk to a construction lawyer to defend the suit and file a cross-action against the contractor you hired. Good luck.

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Oct 21, 2021

Thank you for the feedback. I have the checks and hand written contract that i paid the contractor. I went to the accessor site and have not seen the lien statement on my property. Do i wait for a summon or just wait it out? Can i countersue this subcontractor for trying to collect from me instead of the contractor who they have a beef with, and wasting my time? thanks again

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Oct 21, 2021

I would wait to see if the supplier files suit. You would likely need to file a cross-action against the contractor if the supplier sues you but, no, I don't think you can sue the supplier for pursuing a lien action for concrete it provided to your property for which it was not paid.

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