Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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
Show More
Show Less
Ask Your Own Real Estate Law Question
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: 21,272
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Real Estate Law Question
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,

Ask Your Own Real Estate Law Question
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.

<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 21,272
21,272 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
What are ste. What besides re-surveying are steps to prove
What besides re-surveying are steps to prove alleged encroachment on neighboring property due to new fence installation ? Thank you … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,681 satisfied customers
How do i get an invalid mechanics lien off of my property in
How do i get an invalid mechanics lien off of my property in texas? i have sent a demand letter for the release of the lein, describing all the issues with claim this person made. Like did not notify … read more
Lori
Lori
Juris Doctor
1,041 satisfied customers
It is my understanding that a contractor CAN NOT fill a lien
it is my understanding that a contractor CAN NOT fill a lien for work he hasn't done . Is that correct? … read more
Lori
Lori
Juris Doctor
1,041 satisfied customers
Is it common practice, on a new construction, to ask for
Is it common practice, on a new construction, to ask for closing costs before the start of construction on a new house? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Paid Fairbanks Construction $20,000 to turn my patio into a
Paid Fairbanks Construction $20,000 to turn my patio into a sun room. … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,272 satisfied customers
Can a homeowner file a mechanics lien against a contractor
Can a homeowner file a mechanics lien against a contractor building their home. If not is it illegal for them to do so? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I received a Notice of Mechanic's Lien on my home from a
I received a Notice of Mechanic's Lien on my home from a sub-contractor of the solar general contractor who installed a solar system on my home. The lien is for $5,001 for electrical materials. I have… read more
Lori
Lori
Juris Doctor
1,041 satisfied customers
My contractor refusing to complete the work before final
My contractor refusing to complete the work before final payment is made. Based on my experience with him so far, I am afraid to pay in full before he complete the job. At this point multiple jobs he … read more
Damien Bosco
Damien Bosco
4,144 satisfied customers
Can I file a construction mechanics lien for a commercial
Can I file a construction mechanics lien for a commercial grade outdoor playground installed at a community, school etc? The playgrounds have multiple upright post concreted in the ground with access … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I signed a construction loan with Brickstreet construction
I signed a construction loan with Brickstreet construction back in 2016. The contract stated that house would be complete approx. 6 month from permit. Well is be almost a year. Can I get out of my con… read more
Damien Bosco
Damien Bosco
4,144 satisfied customers
A mechanics lien was placed on a property. There was no
A mechanics lien was placed on a property. There was no contract or agreed upon price to do work on the property. Can someone file a lien without valid proof of a contract in Illinois? … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
I need help with mechanics lien. In new Mexico. No there was
No there was never no contract signed between me and the contractor they wanted cash … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Hiif a contractor does not take action on a mechanics lien,
Hiif a contractor does not take action on a mechanics lien, would the Lien be voided … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I need to file a Mechanic's Lien Extension but I can't find
Hi, My name is***** and I need to file a Mechanic's Lien Extension but I can't find the form anywhere, can you help me … read more
Damien Bosco
Damien Bosco
4,144 satisfied customers
I was looking for info on mechanic liens. Illinois. We are
No. We are the mechanic and have a client that owes a good amount and we are trying to learn our options. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,681 satisfied customers
A contractor has put a mechanics lien on my property in
A contractor has put a mechanics lien on my property in South Carolina. Originally the lien was for $280,000. I have payed him down to $40,000. He will not change the lien to the lower amount so I cou… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Sacramento County, can a mechanics lien be taken out without
Sacramento County, can a mechanics lien be taken out without notifying owner of property by registered mail and or if work was done without proper builing permits? … read more
Bill Attorney
Bill Attorney
law
2,008 satisfied customers
In the state of Missouri, If I file a mechanics lien and do
In the state of Missouri, If I file a mechanics lien and do not file suit to enforce/foreclose. What happens to the lien? Please keep in mind, I have 1st spade position over a mortgage. Would the bank… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x