Home>Levelset Community>Legal Help>Was sent a notice to intent to file a lien. Floor company over charged me, by stating we had 2200 sq ft, when in reality we only have 2000. They did not finish job but are demanding payment. We have offered to pay for what is fair
Was sent a notice to intent to file a lien. Floor company over charged me, by stating we had 2200 sq ft, when in reality we only have 2000. They did not finish job but are demanding payment. We have offered to pay for what is fair
Was sent a notice to intent to file a lien. Floor company over charged me, by stating we had 2200 sq ft, when in reality we only have 2000. They did not finish job but are demanding payment. We have offered to pay for what is fair
1 reply
May 6, 2020
Mechanics lien rights are only available to the extent that work has been performed but not paid for. So, if the claimant is charging for work they didn't actually do, they won't have lien rights for the work not performed. Further, if their work is only partially complete, then they won't be entitled to lien for the full price of the project since, again, lien rights directly tie to the value of the improvement to the property. To be sure, California Civil Code § 8430(A) limits lien rights to the lesser of (1) the reasonable value of the work performed; or (2) the price agreed to for the work.
With that being said, it's still possible for a claimant to get their lien filed even if there's a dispute over what they're owed. County recorder offices don't have the authority or the bandwidth to investigate each claim that's made. So, their lien could still hit the property record and cause some headaches. However, if a claimant has filed a bogus lien claim, an owner is absolutely entitled to challenge that lien and dispute the claim. And, lien claimants could be liable for damages, fees, costs, etc. if they've filed an improper or fraudulent mechanics lien against an owner.
If you're being threatened with a lien, then threatening to bring legal claims in response to the lien might be enough to force the claimant to stand down. This is particularly true when sent via an attorney letter and when the claims that will be brought and the damages sought can be laid out plainly. And, if it looks like a lien claim will soon be filed, then consulting a CA construction attorney might be a good idea anyway. Finally, these two resources should be useful, too: (1) I Just Received a Mechanics Lien Threat – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?