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Remove contractor lien

CaliforniaMechanics Lien
Anonymous Contractor

An unknown construction company is a front for a contractor that placed a lien on my house. We did not know of this because there wasnt a contract (per the contractor's request). Lien filed more thn 90 days after he was at the house, and we filed a complaint with California Contractor Licensing Board. They gave him a warning, and admonishment for improper dealings with us. We sent a ltter requesting lien removal ( filed in Feb 2020). No reply. What to do? THANK YOU

10 replies

Tony May
Construction Lawyer
Managing Attorney at May Brock Law Group
| 30 reviews
Oct 12, 2020

If the contractor will not remove the lien, you should contact an attorney and discuss the procedure for doing so.

Please understand that any response to a request for information will be done based on the attorney's general understanding of the limited facts presented,
and that the recipient must understand that said advice may not pertain to the recipient's specific facts and/or circumstances. Thus, our firm recoSee More...See More...
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Gregory Reaume
Construction Lawyer
Attorney at Haight Brown & Bonesteel LLP
| 27 reviews
Oct 12, 2020
You can hire an attorney to have this lien removed and the contractor will have to pay for the attorney’s fees.
Please note that this answer in not intended to create an attorney-client relationship and due to the nature of this forum, is simplified. Please consult an
attorney for an in-depth analysis of your matter.See More...See More...
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Chris Ng
Construction Lawyer
Attorney at Gibbs Giden Locher Turner Senet & Wittbrodt
| 370 reviews
Oct 13, 2020

Good morning! Time for a petition to remove the lien under the Civil Code. Any experienced construction attorney should be able to assist.

NOTE: The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The
content contained herein is published online for informational purposes only, may not reflect the most current legal developments, verdicts or settSee More...See More...
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Cathleen Curl
Construction Lawyer
Attorney at The Law Office Of Cathleen M. Curl
| 135 reviews
Oct 13, 2020
I’ve found that a strong demand letter from an attorney which encloses a Release of Lien form to the contractor works about 80% of the time. Many contractors know how to put a lien on but not how to take one off, and the sending them the form eliminates that problem. If they still don’t release the lien, there’s a Petition procedure your attorney can file with the Court to have the Court release the lien to give you back clear title to your property. The contractor can be liable for all of your reasonable attorney’s fees in having to bring the motion, which fact should also be mentioned in the letter. The letter is used as an exhibit in the Petition hearing to show you gave the contractor notice. I’m happy to help you with this. I’ve done many of them.
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Anonymous Contractor
Question Author
Oct 13, 2020
Hi Cathleen, how much do you charge to remove an unjustified lien?
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Cathleen Curl
Construction Lawyer
Attorney at The Law Office Of Cathleen M. Curl
| 135 reviews
Oct 13, 2020
I charge by the hour. I generally charge $425 (1 hr.) to prepare a demand letter and a Release of Lien to send to a contractor. Hopefully the contractor will sign the Release of Lien and you can record it so you won’t need to file a lawsuit. I generally give the contractor 10 days to respond. If they don’t, it generally costs around $1,500 to prepare and file the petition and attend the virtual Court hearing.
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Anonymous Contractor
Question Author
Oct 14, 2020
how to contact you?
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Chris Ng
Construction Lawyer
Attorney at Gibbs Giden Locher Turner Senet & Wittbrodt
| 370 reviews
Oct 14, 2020

cng@gibbsgiden.com

NOTE: The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The
content contained herein is published online for informational purposes only, may not reflect the most current legal developments, verdicts or settSee More...See More...
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Cathleen Curl
Construction Lawyer
Attorney at The Law Office Of Cathleen M. Curl
| 135 reviews
Oct 14, 2020
Cathleen M. Curl, Esq. Law Office of Cathleen M. Curl 700 El Camino Real, Suite 200 Millbrae, CA 94030 T 650-871-5955 F 650-588-7101
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Tony May
Construction Lawyer
Managing Attorney at May Brock Law Group
| 30 reviews
Oct 14, 2020
My firm works on retainers and billable hours. We require our clients to post a retainer in our trust account, generally ranging from $2,000 to $10,000 depending on the type of matter we are addressing. I bill at $375/hour. For this matter, we would likely need to receive at least a $3,500 retainer in order to move forward. Where is your home located at, so I can see if this is doable?
Please understand that any response to a request for information will be done based on the attorney's general understanding of the limited facts presented,
and that the recipient must understand that said advice may not pertain to the recipient's specific facts and/or circumstances. Thus, our firm recoSee More...See More...
1 person found this helpful
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