If you are a laborer, supplier, contractor or subcontractor working on a private construction project in California, you may have the right to record a mechanic's lien against the property where the project is being built. You have a very limited time to do so, however, and in many instances, you have to first serve a preliminary notice to the owner and other persons. When done right, however, a mechanic's lien is a great way to make sure you get paid for your hard work and your sales.
Because you cannot foreclose on government property, a mechanic's lien cannot be brought on a public work of improvement. If you haven't gotten paid for your labor or materials, however, you may be able to serve a stop payment notice, which will keep the general contractor from getting paid until your claim is resolved. But you have to ask quickly, while there as still funds to freeze.
On many public construction projects, including all federal projects over $25,000, there may be a payment bond to cover any balances due to unpaid workers, suppliers or contractors. We've handled thousands of these claims since 1997.
Under California law, an unlicensed contractor may not sue its customers for any compensation under a contract for which a license is required unless that contractor was duly licensed at all times during its performance under the contract. Moreover, anyone who paid an unlicensed contractor for work that required a license can sue the contractor for every dime paid, including money that was paid for the materials or equipment. We've successfully represented numerous homeowners and project builders who were deceived into hiring unlicensed or improperly licensed contractors.
Disputes often arise between contractors, or between project owners and contractors, during the construction project. We've represented workers, material suppliers, general contractors, subcontractors, homeowners, developers, bonding companies and municipalities in hundreds of construction disputes since the 1990s. There isn't much we haven't seen.
We've represented all sides in construction defect cases. Whether you are the property owner facing repair bills and other damages, the contractor accused of faulty construction, the supplier or subcontractor whose work or products have been targeted as a cause of construction defects, we know how to cost-effectively investigate your case, prepare it for mediation and, if necessary, trial. With hundreds of cases, large and small, under our belts, there isn't much we haven't seen.
The Walsh Firm, PC
38 Corporate Park, Irvine, CA 92606
This website is for informational purposes only. Using this site or communicating with The Walsh Firm, PC through this site does not form an attorney/client relationship. This site is legal advertising. The attorney responsible for this ad is Michael J. Walsh, SBN 155401.
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Exacting Justice Since 1997.