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Law Offices of Bonnie Follett - Construction Disputes |
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Legal Information - Construction and Mechanics Lien Info |
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Contractors and Rights Contractors need to maintain the proper licensing and bonding for their work in the state of California. The CSLB website is helpful regarding requirements. Contractors who have performed work and provided materials have a right to be paid for their work at the time and in the manner described in the construction contract. If a licensed contractor has performed on their part, they have a right to expect performance from the client by way of the agreed payment. An unreasonable failure of the client to pay for work completed may result in a contractor placing a mechanic's lien on the property where work was performed, which can be enforced by a court action. Construction Workers and RightsIn addition to general contractors, subcontractors and construction workers in California also have a right to be paid for their work (labor and materials provided) and may file a mechanic's lien to protect their ability to recover the proper compensation for their work.Problems with a Contractor or Construction JobBefore having construction work performed, consumers should always check the licensing of the contractors from whom they obtain bids or estimates and also be sure to ask for and check references. Always get the construction contract and any special requirements or time contraints in writing. The Contractors State License Board (CSLB) does provide remedies for consumers who have problems with their contractors. Check that link for more information. If problems arise with a contractor, you have the right to file a complaint with the CSLB. The CSLB website provides information and forms needed to do this. Additionally you may have remedies in a court of law for breach of a construction contract or related damages. |
www.cslb.ca.gov/ What is a Mechanic's Lien The basis for mechanic's liens can be found in the California State Constitution, Article XIV: 3. Mechanics, persons furnishing materials, artisans, and laborers of every class, shall have a lien upon the property upon which they have bestowed labor or furnished material for the value of such labor done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens. (Adopted June 8, 1976.) The persons entitled to claim liens are listed in the California Civil Code, section 3110. A mechanics lien is filed in the County Recorder's Office on the property where the work was performed and services delivered. It can be enforced through a court action to foreclose the mechanics lien. This is filed in the applicable state court with a cause of action for the breach of contract. Once payment or a settlement has been obtained, the action should be dismissed and the lien should be released. If the consumer has paid and the lien is not removed, they have remedies under state law. Links: California State Contractors Board San Francisco Planning Dept. - This site provides zoning and permit information. |
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The Law Offices of Bonnie Follett can assist in the following areas:
Send Email to: bonniefollett@ix.netcom.com |
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PLEASE NOTE: Legal information provided on this site is general in nature and does not constitute an attorney/client relationship. See the "Disclaimer" page for more information. My office handles a variety of civil legal matters, but being a solo practice, there are sometimes time constraints or resource constraints on whether I will be able to accept all matters referred to my office. |
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Law Offices of Bonnie Follett - Legal Services Provided |
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Copyright 2000-2002, Bonnie M. Follett. All Rights Reserved. To Contact Me: Email: bonniefollett@ix.netcom.com Updated: October 2002 |
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