Erroneous Mechanics Lien

What is the name of your state? CA

I have a subcontractor in default that filed a erroneous mechanics lien on one of my projects. The actual contract value is $609k and the mechanics lien is for $678k. In addition, the mechanics lien is not recorded. However, the sub sent a copy of this lien to the Owner and now the Owner wants issue resolved before they pay us. Does anyone have a link or information on the ramifications of filing an erroneous mechanics lien?

Thanks

Sounds like someone just wants to get paid and hit you in the best fashion they knew how to get your attention.

I would not pay you until the issue was resolved either.

Are you disputing the amount or that the lien is valid?

With this kind of money involved you do not even have an Atty who can help you resolve this issue?

links?

http://www.cab.ca.gov/pdf/lienlaws.pdf

http://library.findlaw.com/2000/May/1/129376.html

http://www.lhfconstructlaw.com/FSL5CS/Articles/Articles63.asp

http://www.cardreport.com/laws/california/3046-3066.html

Actually, I work for a VERY large construction company and have a full blown legal department but I wanted to do a little research on my own to education myself more on the matter. I understand the basics but wanted to learn the details.

I am disputing the validity AND the amount. The validity since it wasn't recorded by the county recorder's office and the amount because it exceeds the contract value.

I read the links (thanks) but I don't see where it says anything about the ramifications of filing an erroneous lien (not that this one was filed).

I am disputing the validity AND the amount. The validity since it wasn't recorded by the county recorder's office and the amount because it exceeds the contract value.

Just because he/she hasn't recorded it yet does not mean it is not valid to do so. In other words do you owe the money and why aren't you paying up?

Perhaps there is interest being charged on the amount you owe?

Strange anyone with a whole crew of Attys at their disposal would be concerned with the details of a legal matter.

Bottom line you don't pay they can place a lien on the property in essence forcing you to pay them before you can sell the property. Perhaps you have been given a warning and should heed it.

Again I would not deal with you until you clear YOUR problems up, otherwise I am making them mine.

Do you owe the money or not? Pay the bill and get on with your sell.

First of all**************...... Pojo get a life and try not to show what a jerk you are before you have all the facts. Just so you know I jump through hoops for my company's subcontractors.

Secondly, as I said before..I'm am trying to educate myself which is why I come to this site. Sometimes I learn something, sometimes I don't.

We don't owe them the money since they are in default and I used the money that were supposed to be paid for the portion of work they completed to pay their suppliers, employees, etc. The remaining portion of what they were supposed to be paid was used to hire a new subcontractor.

SAK2000 said:

First of all**************...... Pojo get a life and try not to show what a jerk you are before you have all the facts.

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Well without all the facts, which by the way you did not disclose until this post, what more do you expect besides questions to try and find out those RELEVANT facts, jerk!

It's not your text, it's your presentation. As the time I thought I gave enough information for someone to give advice. However, after reading your emails, I realized you don't know anything about the construction industry anyway.

SAK2000 said:

However, after reading your emails, I realized you don't know anything about the construction industry anyway.

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And you do not know the difference between a post and an email.

Your profession and you do not even know the ramifications of a mechanics lien erroneous or otherwise.

Right now the ramifications are that YOU have a very unhappy owner and should work toward getting an Atty who can resolve this issue BEFORE the courts get involved.

There you go "ass"uming again. Who said I was the Owner? Your ignorance makes me laugh.

SAK2000 said:

There you go "ass"uming again. Who said I was the Owner? Your ignorance makes me laugh.

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Pojo did not state you were the owner. Reread the post.

John, you are correct. But then again, I don't have an unhappy owner either. I told the Owner the it was an erroneous mechanics lien and that the lien wasn't recorded. They checked with their legal department, agreed with me and then paid us. I guess I was concerned over nothing.

SAK2000 said:

John, you are correct. But then again, I don't have an unhappy owner either. I told the Owner the it was an erroneous mechanics lien and that the lien wasn't recorded. They checked with their legal department, agreed with me and then paid us. I guess I was concerned over nothing.

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Difficult to believe, but congrats.

That owner would be one dumb person then if indeed they did back away from this without resolution.

Then next theAtty is dumber than his client if he would even allow the payment with an outstanding lien issue, regardless if it is erroneous or not.

gee

For such a bland ( sorry ) subject, this thread was mildly amusing.