Question Re: Mechaincs Lien
I had a contractor working on a house I own. The repairs he has completed are totally a disaster and he has not completed the repairs on his contract. He came here one night demanding to be paid in full for the amount of the contract. He had walked off the job at least twice previous, and he has been advanced an amount greater than the work he has completed. He was told, the rework he alledgedly did has not been inspected, and the contract had not been completed and he would be paid in full upon completion of his contract. He has not returned, the work is still in disrepair, and the contract still not completed, and he has filed a mechanics lien on the property. Any suggestions? Have filed a greviance with the contractors licensing board and his bonding company. Additionally he neither pulled a permit on the job, nor has a signed contract. He additionally inadvertently added an additional sum to the original contract, totally unknown to me until I received the notice of mechanics lien from the recorders office.
Please advise, thanks, appreciate it.
It's time for you to talk to an aggressive lawyer to act for you, in hitting the contractor with a demand to get his lien off there now or face a lawsuit for clouding your title and for breach of contract.
But stand pat and don't pay him anything more.
Thanks John, appreciate your responce.
Ozzie
Dear Ozzie,
Remember he has a period of I think 90 days in which to file the lawsuit with which he will proceed to court and there try and win a judgement.
From what you have said it looks like he will lose and big time. I would document the job. I always keep a job journal and enter into it each day whatever occured and whatever materials and monies were paid out etc.
What is fun is to take pictures and be sure to date them.
If 90 days pass and no law suit has been filed the lien dies and the title company will write thru it with gusto.
I do not know the amounts involved. But you might file an action in small claims court in Van Nuys. If he shows up no problem just lay your case out with pictures and records. Pick up your judgement and go against his bond. If that is not enough start to locate assets and take an action to gain them.
To avoid this type of occurance it is most necessary to show up on the job and check it out almost on a daily basis. As it starts to slide you can stop it at that time and hold funds with which to pay the next in line contractor who comes in to complete.
Sorry it is a mess. Lucius
Hi Lucius,
Thank you as well for your reply, appreciate it. I am not on his line much, though have read a few of your posts and always enjoy them. I also have read some of John Merchants posts, and appreciate his reply too.
This is and has been a circus since I began with it. With your being so close give me a call, I'll buy coffee,or lunch if you like. Or email me and I'll call if you prefer. My number at the store is 818-785-2300. I am there on Thursdays and Fridays from 10 to 3m ir we have an answering machine, or email me at **Please See My Profile** Would appreciate your call and chatting with you.
We have taken several (perhaps a couple 100 or so pictures. My daughter has a digital camera and can download them on line, as for her having dated the pic's I do not know. She and her sister have made notes along. I was bit smart enough to have kept a journal. should have known to, will next time.
I do not have the paper work here, my daughter has it as she is doing the filing of the conplaints for me. I plan on being at her home this weekend and intend to get copies of it.
Please stay in touch. Many thanks again.
Ozzie