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Mechanical Lien for job not done

CaliforniaMechanics Lien

We are doing remodel of the single residence home. The work started in August 2019 and we hired an electrician to do an electrical portion of the project. We provided the scope of work and the electrician gave us a bulk price estimate of $7,900. He refused to provide line by line cost for each item and we went along with that. He did OK job, but cost us $4,000 in the drywall repailr because the holes he cut were really big. But we did not have anybody else available so we continue to use him. He worked on and off on as needed basis until mid-November. We paid him $6,000 for work completed and left on vacation. In January we called him for a couple of hours work and paid right away. A few weeks ago we needed more work to be done that was not in the scope of the project. We called the electrician, but he indicated that he is busy and we should get someone else to do that job. We hired another guy and he was great. We really liked his job and decided to have him finish the rest of the project. When we told the original electrician that we don't want to work with him anymore, he immediately filed a mechanical lean against our property for the work that is not completed for the amount of $1,900 (the rest of the estimated work). Now, can the lean for the work that is not done be filed? Also, since the project is not completed, can he file the lean? I understand that in California it has to be 90 days after completion date or the cessation of work before lean can be filed? How can we fight that lean? Thank you, Maria

3 replies

Mar 6, 2020
Your original sub can't legally lien for work he hasn't done yet. He could potentially have a breach of contract against you but he's not allowed to lien for work not performed.
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Mar 6, 2020
Is there a contract you and the electrician entered into for specified work? In general if you fired the electrician you need to follow the termination protocol in the contract. If you followed the termination protocol in the contract, he should only be entitled to be paid for work he successfully completed. If you feel an improper lien has been filed, you can move in court to expunge the lien. This procedure is started with the filing of a Petition to Release Lien. Similarly, if the electrician has commenced an action to foreclose the mechanic's lien, but the lien is legally invalid, you can file a Motion to Release or Expunge the Mechanic's Lien in that Action.
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Mar 6, 2020
Thank you for your comments. We have a proposal for the scope of work to be done with total amount listed for the whole project. it is not signed by anyone. But I found out that in California it does not matter. I called Contractors Board in California and they told me that I am obligate to give him the rest of the job and pay for it, which does not make a sence to me. We did not officially fired him, but been unhappy with the drywall repair cost that we had to absorb.
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