I don't know how much help I can be to you, but I'll try. I am actually in the same boat as you per se'. I posted the question about the "Mechanics Lein" but have had no resposnes as what to do yet. Don't think I'm gonna get any either.,.
First, are you a liscensed Architect? Is the addition being built considered a Commercial Project? Did a Structural Engineer seal the plans? I'm not sure what the law is in Calif., so this is why I ask. Did the Engineer get paid for his services? In Florida, you can revoke the submitted plans for non-payment, but if they are sealed plans, the Engineer or Architect has to revoke them, and they have to be the ones not paid.
Second, you might want to go online and search the Calif. Statutes to find out what your rights are. You may be able to lein the property in order to collect. In Florida, you have to do this within 90 days of the day you last did work for your client. If you are in privity with the client, then you don't need a "written contract". A verbal one is satisfactory. And since the property is being improved, you are in an even better position to lein. Typically, if you lein, they will pay. In Florida, the lein is good for 1 year, and then you forclose the property. Rarely, does it go that far. You can file a lein yourself, but there are businesses that will do it for you (probably less than $200).
I hope this helps a little. I would like to email you vs. this bulletin board and perhaps you can answer some questions I have regarding my question. I am a residential drafter/designer in Florida. Read my post and see if any of it makes sense??
my email is
[email protected]
We can trade stories.. Hope to hear from you.
Wendy
