California Questions

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California
A lien has been recorded against owner's property by a subcontractor with no contract with the owner. Subcontractor provided a preliminary notice but failed to list the type of labor or materials he was providing in the section of the preliminary notice that asks for this information. In fact, it was blank. Does the owner have a defense to this lien claim?...Read More
By Anonymous Contractor
2 answersAdd commentJan 20, 2021
CaliforniaMechanics LienPreliminary Notice
I am a sub-contractor working on a commercial project. I was hired directly from the general contractor. Work was completed a month ago and I am being told the owner will not pay the GC and therefore the GC can't pay the subs. I did not file a pre-lien. Do I file the pre-lien now? When can I file a Mechanic's Lien? Or do I file a Stop Notice?...Read More
By Anonymous Subcontractor
1 answerAdd commentJan 25, 2021
California
I am a subcontractor working on a commercial project hired by the general contractor. Work was completed last month and the GC is not paying, stating the owner is not paying him. I did not file a pre-lien timely and am doing so post completion. Do I include change orders? or just the original amount of the contract?...Read More
By Anonymous Subcontractor
1 answerAdd commentJan 25, 2021
California
The customer had filed an insurance claim and we were paid a portion of the total balance of the water mitigation done at her property. Unfortunately, her insurance limits were reached and so there is a remaining balance that her insurance adjuster advised that we will need to collect from her. A preliminary notice was filed late since we don't usually have issues with collecting payment on insurance claim jobs, but this is a special circumstance. Do we still have lien rights? ...Read More
By Anonymous General Contractor
Waiting for answerAdd commentJan 25, 2021
California
i filed a mechanics lien against a property i did work on but wasn't paid. there are 2 senior liens on the property. my lien is in 3rd position. 1. if i foreclose and nobody bids on the property, what happens? 2. what would the opening bid be at the sale? 3. would my sale wipe out any junior liens to me? 4. if a senior lien forecloses, would that wipe out my mechanic's lien?...Read More
By Anonymous Owner Designee
Waiting for answerAdd commentJan 25, 2021
California
I'm a subcontractor working as a Consultant on a large spec home. I am an S-Corp with only myself as an officer and file as worker's comp exempt. I was married in April and my husband wanted to help me on this job. We were both named as consultants in the contract. The homeowner doesn't want to pay me citing that I didn't have workers comp so am entitled to receive nothing from them. I have purchased about $5k worth of architectural grade panels that their installers installed. I have no labor in this house only time and material. Can I file a mechanics lien? My husband is not an employee and does not take any pay from my (ours now as when I filed my SOI with the SOS, he was put on as an officer)company....Read More
By Anonymous Contractor
Waiting for answerAdd commentJan 25, 2021
California
A prime contractor, on a time and materials contract with a cap, failed to finish the job and performed substandard work. The homeowner met with the contractor disputed that monies were owed given the poor workmanship and that the contractor exceeded the cap in the time and materials contract but did not finish the job. The contractor presented the homeowner with a bill and walked off the job and removed his tools from the job site . Some 70 days after walking off the job, the contractor mailed to the homeowner a mechanic's lien and recorded the lien 91 days after the dispute. Next he filed a lawsuit in court to enforce the lien 62 days after recording the lien. The courts, because of covid, did not issue a case number or summons as they are 9 weeks behind in processing filings. Meanwhile, the contractor through his attorney filed for arbitration and attached the complaint to enforce the mechanic's lien. Questions: 1. Did the contractor have grounds to file a mechanic's lien? 1. Did the contractor meet the time requirements for filing a mechanic's lien? 2. Can he demand the matter be heard through arbitration even though the courts have not issued a summons or case number and the homeowner has not been formally served (only provided with the complaint through arbitration) and cannot file an answer in court regarding the mechanic's lien that is clouding the homeowner's title because no case number has been assigned but the arbitration association placed the matter on a fast track? 3. Can the homeowner make a claim for damages for clouding title? ...Read More
By Anonymous Contractor
Waiting for answerAdd commentJan 25, 2021
California
I had water pipe corrosion in the foundation of my home which was damaging walls and floors. The plumbing contractor I chose assessed the problem and gave me a rough verbal estimate of $10,000 to remedy the problem. The written estimate, which provided scant detail, was 13,650. I accepted due to the crisis situation present. The job was completed in less than 2 days. Later research appears to show I paid an exorbitant price. The agreement stipulated payment upon completion. I paid based on the written estimate. I have asked for a detailed invoice without success. I am not contesting the bill, I only want to know exactly what I paid for. Please identify the specific law....Read More
By Anonymous Contractor
Waiting for answerAdd commentJan 25, 2021
California
How to complete a pre lien notice if I don’t have the bank info that’s providing the construction funds thru the owner and contractor ?...Read More
By Anonymous Subcontractor
Waiting for answerAdd commentJan 25, 2021
CaliforniaPreliminary Notice
How to complete a pre lien notice if I don’t have the bank that’s providing the construction funds thru the owner and contractor ?...Read More
By Anonymous Subcontractor
Waiting for answerAdd commentJan 25, 2021
CaliforniaPreliminary Notice
Hello - I'm not sure I understand what a mechanic's lien bond is. I am the owner of the property that the contractor has placed a mechanic's lien. Can I apply for a bond without consent from the contractor? Thanks, Kim...Read More
By Anonymous Contractor
2 answersAdd commentJan 22, 2021
California
I hired a contractor to do some work on my property and i dont know what the deal is between the contractor and the subcontractor but i got a lien mechanics on my property. the contractor and i are done with the project and now i have to deal with this ... Due to the situation i offered the subcontractor monetary compensation to remove the lien from my property but he is taking his time also i noticed that he misspelled my last name on lien mechanics he filed to the Los Angeles County Recorders Office, what do i do...Read More
By Anonymous Contractor
1 answerAdd commentJan 23, 2021
CaliforniaMechanics Lien
hello , Say If was working for a builder in scheme contract where appointed on an hourly rate. is the builder able to holding a sum of money and then after a letter of demand claiming they have to carry out reworks. is the builder entitled to hold this sum and if there is reworks should the contractor be given the opportunity to rectify the works? ...Read More
By Anonymous Contractor
Waiting for answerAdd commentJan 25, 2021
CaliforniaBack ChargesChange OrdersConstruction ContractDefectsPayment Disputes
Im a General A licensed contractor, I do excavation grading and paving. I have an ongoing project that I have received payment on already. They are now saying that they want to hold retention. There was no stipulation about retention in our contract. Are they allowed to implement it even though it wasn't a part of our original agreement?...Read More
By Anonymous Subcontractor
1 answerAdd commentApr 8, 2020
CaliforniaRetainage