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Mechanics lien

California

The plumber I hired performed a sloppy, rushed job. The work isn’t to local code and won’t pass inspection. The work is also incomplete as the agreement was to pay 70% on completion of rough-in. However the plumber has issued a 5k bill based on work up to that point (which is 50%). I informed him that I was going with another guy and that I was not happy with the work so far. I asked to discuss the invoice with the plumber so that he understood that I needed to pay someone else to fix his work. He informed me that he is going to apply a mechanics lien on the property. What are my rights and can he apply a lien if the work isn’t any good?

2 replies

Apr 15, 2021

If you are the general, you have a duty to keep the owner's property free of liens. You should probaly discuss this with an attorney. I would be happy to speak on the phone to discuss this.

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Apr 15, 2021
In determining legal situation involving liens, it is important to know whether you are the owner, the contractor, or a subcontractor. If are the owner and contracted directly with the plumber, the plumber can record a valid mechanics lien on your property, subject to defenses concerning the value of the work provided. If you are the general contractor or a subcontractor, there may or may not be a right to lien, based on whether the plumber provided a Preliminary Notice. I suggest you consult with an attorney to determine your rights. I am available to assist you.
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