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Just received, via certified mail, a mechanics lien from an…

Customer Question
Just received, via certified...

Just received, via certified mail, a mechanics lien from an environmental company our renovation contractor used to do an asbestos survey of our property. We had signed and received a change of contract notice regarding the survey, paid the contractor and received an unconditional release for covering the cost of the survey.

Lawyer's Assistant: Where is the property located?

Altadena Ca

Lawyer's Assistant: Has any paperwork been filed?

The only thing I have is the notice of the mechanics lien. The work apparently was done on August 8. The contractor must not have used the money I paid him to pay them.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I had problems with the contractor on this job and had to fire his company and have had to spend a lot of money correcting construction mistakes to get permits passed.

Submitted: 1 year ago.Category: Real Estate Law
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Answered in 7 hours by:
12/21/2016
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,416
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago

I am sorry to read about this.

You need to contact the survey company to take care of the outstanding amount to release the lien. Then make a written demand to the contractor for immediate reimbursement. If the contractor ignores you, then you need to file complaint against the contractor with the Contractor's Board. In the alternative, you can first send a demand to the contractor to pay the survey company immediately and enclose a copy of lien notice that you received. If the bill remains unpaid, then you can file complaint against the contractor with the Contractor's Board and if necessary file lawsuit against the contractor. You should also go ahead and pay the survey company so that the lien can be released.

Goodluck with your case,

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Customer reply replied 1 year ago
In contacting the construction company, should I first do this over the phone or should I just use certified mail. Wasn't sure if doing it over the phone would somehow hinder my chances of recovery.
Customer reply replied 1 year ago
Also, I read where the lien must be presented withing 90 days of the work? Is this correct? If so, the date of the survey was more than 120 days from the date of the lien. Any recourse for that?
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago

In contacting the construction company, should I first do this over the phone or should I just use certified mail. Wasn't sure if doing it over the phone would somehow hinder my chances of recovery.

Response 1: Use the certified mail.

Also, I read where the lien must be presented withing 90 days of the work? Is this correct? If so, the date of the survey was more than 120 days from the date of the lien. Any recourse for that?

Response 2: It is not correct. The 90-days refers to the time the contractor has to file lawsuit to enforce the lien after the lien has been recorded.

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. Kindly use the popup screen to give the rating. There is no additional cost to you for giving a 5-star rating.

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