How can I remove a mechanics lien put on without a proper 20day preliminary notice

[SharaB816]

What is the name of your state? California
I paid my contractor for all work performed on my property for the construction of a swimming pool. He failed to pay the sub contactor and then he went out of business. The sub contactor sent a 20 day preliminary almost 45 day after the last day he performed work on my property via regular mail. The notice itself had no date it was mailed and was filled out totally wrong. Even though he failed to follow the procedure on the prelim, which to my understanding of the law, means that he losses his lien rights, he still placed a mechanics lien on my property. His 90 days to foreclose have passed but I still have the lien on my property, I am unable to do anything with my property until it is removed. How can I do this? If he had followed the proper procedure I would have paid him, but since I had no prior knowledge I do not feel I should have to pay twice for the same work. Please help.

 

[HomeGuru]

Re: How can I remove a mechanics lien put on without a proper 20day preliminary notice

What is the name of your state? California
I paid my contractor for all work performed on my property for the construction of a swimming pool. He failed to pay the sub contactor and then he went out of business. The sub contactor sent a 20 day preliminary almost 45 day after the last day he performed work on my property via regular mail. The notice itself had no date it was mailed and was filled out totally wrong. Even though he failed to follow the procedure on the prelim, which to my understanding of the law, means that he losses his lien rights, he still placed a mechanics lien on my property. His 90 days to foreclose have passed but I still have the lien on my property, I am unable to do anything with my property until it is removed. How can I do this? If he had followed the proper procedure I would have paid him, but since I had no prior knowledge I do not feel I should have to pay twice for the same work. Please help.

**A: you need to pay him first.

 

[SharaB816]

Why should I pay the subcontractor for work already paid to the contractor? Basically you're telling me that even though he broke the law by not sending out the proper preliminary notice it's no big deal and he should be paid for his work, can you please explain why, and if I did pay him then what?

 

[HomeGuru]

Why should I pay the subcontractor for work already paid to the contractor?

**A: because the subcontractor did not get paid, period. Read the CA mechanics lien law. Nowhere in the law states that if the general gets paid, then all subs are to have waived their lien rights.

*******
Basically you're telling me that even though he broke the law by not sending out the proper preliminary notice it's no big deal and he should be paid for his work, can you please explain why, and if I did pay him then what?

**A: read the law and follow it. Did you even contact the Contractor's license board?

 

[SharaB816]

Obviously your on the side of the sub contactor and are not going to tell me how to remove the lien. So, I guess it is ok for a sub contractor to break the law and still expect payment, that sounds typical. Just so I understand, you think I should pay twice because he failed to do his job as a licensed subcontractor and send out a prelim telling me that he was going to do work on my property, giving me the opportunity to pay him along with the contractor. What are my rights here, I just have the right to keep paying to whoever and whenever someone comes along. Isn't that why the prelim law exist, to protect the sub contractor, who failed to protect himself, and the consumer.

 

[HomeGuru]

Obviously your on the side of the sub contactor and are not going to tell me how to remove the lien.

**A: I already told you how to get the lien removed. And I am not on the side of the sub-contractor. I am advisong you on the mechanic's lien law. The law does not state anywhere that once you pay the general, the subs lose their lien rights.
*****
So, I guess it is ok for a sub contractor to break the law and still expect payment, that sounds typical. Just so I understand, you think I should pay twice because he failed to do his job as a licensed subcontractor and send out a prelim telling me that he was going to do work on my property, giving me the opportunity to pay him along with the contractor. What are my rights here, I just have the right to keep paying to whoever and whenever someone comes along. Isn't that why the prelim law exist, to protect the sub contractor, who failed to protect himself, and the consumer.

**A: you keep changing the story. Hire an attorney already.