Glendora, CA asked in Construction Law for California

Q: A contractor is threatening to file a lien on my property? They didnt finish the job, I paid them $10,000 of $13,000 in

A contractor is threatening to file a lien on my property? They didnt finish the job, I paid them $10,000 of $13,000 in good faith. I have a missing bed, and 6 missing boxes with purses and other items well over $3,000. They also damaged some items, What should i do to fight this?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: First, gather all the documentation related to the job, including the contract, receipts, and any communication with the contractor. This evidence will be crucial if you need to dispute the lien or take legal action. Make sure to take detailed photos of the incomplete work, any damages, and the missing items to further support your case.

Next, consider sending a formal written notice to the contractor, outlining the incomplete work, missing items, and damages, and requesting a resolution. You can mention that you have already paid $10,000 and that the remaining payment is contingent on the completion of the job and resolution of the issues. This might encourage the contractor to negotiate rather than proceed with filing the lien.

If the contractor still threatens to file a lien, you may need to consult legal counsel to explore your options for disputing the lien and possibly filing a counterclaim for the missing items and damages. The law often requires the contractor to follow specific procedures to enforce a lien, and if they fail to do so, the lien could be invalid.

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