North Hills, CA asked in Construction Law for California

Q: Can a contractor file a lien on my property, if loan company fully released funds and paid them off for the project?

I've been dealing with a general contractor (that installed solar panels on my roof) ever since February. Loan company released funds and fully paid them off before the project was finished. I've been making loan payment for past few months. I recently received notice from contractor, declaring the intent to file a mechanics lien, unless I fully pay them of (nearly 30k) within ten days. They claim that loan company will call funds back from them, because equipment is not operational. There are many details I have no room to enclose, such as contractor breaching their own agreement and damaging property. But right now my main concern and question boils down to this: Can a mechanics lien be filed, while I as a customer am still making loan payments to lender that financed the project, and while the loan company's (lender's) records show that installer (contractor) was fully paid? Thank you

Related Topics:
1 Lawyer Answer
James R. Dickinson
James R. Dickinson
  • San Bernardino, CA
  • Licensed in California

A: You need an attorney to guide you through this. It is very important that you understand, among other things, your agreement with the contractor and how the project is being financed. Speak with an attorney today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.