North Hills, CA asked in Construction Law for California

Q: Can a general contractor enforce a lien on property if the last time they did work was more than six months ago?

The last time a general contractor (solar installer) did work on my home was nearly seven months ago. Due to number of reasons (incl. breaching terms of their contract, misrepresentation of good & services, poor workmanship, gross overcharging, damaging property, etc), I requested to stop work within 3 wks of signing original agreement.

Project was financed through a loan company that fully paid GC off (without my signature to authorize the release of funds). I've been making loan payments for past few months. As I later found out, loan company ends up taking back funds from installer if project is not finished within a certain deadline. GC served me the Notice with the Intent to file Lien, and then recorded mechanics lien in fewer than ten days after that intent notice. It was all while loan company officially showed GC as fully paid.

It's a complex situation, but main question is: In light of above factors (timeframes & deadlines), can this lien still be considered valid?

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1 Lawyer Answer
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: Speak with a litigation attorney in your area. [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.]

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