Home Improvement Contractor - Licensed Contractors
Can a homeowner put a lien on General Contractor for unpaid refund?
We hired a lawyer & fired our General Contractor (GC) - breached EVERY breach provision in our contract. Being ignorant, we gave GC 10% deposit for all categories to build a new home & 90+% on some jobs that are <60% complete. We requested partial refunds for payments on botched jobs that failed inspection and 10% deposits made for work that NEVER commenced (dry wall, Hvac, etc). GC refused to pay - stated he rather go to jail & send his family to Taiwan. Our attorney suspects money is being wired overseas and GC is ready to bail America so contingency fee not acceptable to our attorney. We filed complaint with CA License board. We want GC license revoke to avoid more victims of his prey. Do we have any legal claim to lien against GC home/bank? We discovered many subs unlicensed, GC never was on site to oversee job & subs still due money. Supply vendors unpaid & we fear liens will surface. Dream home has become a nightmare.
Public Comments
- No. It will require a court action; then you can get a writ of execution against any assets the contractor has. It is correct to make a fuss with the licensing board.
- you have to go to court... you can yell and scream all you want.. and be held liable for slander/harrassment etc......... you need to file in court...............then you have your time to call this person any name you want..if you lose your case it is "slander"...and "harrassment"... what is the "small claims" limit??? your lawyer..should have started a "court claim"..which would.. have stopped the "GC" from putting a "lien" on your home.. now...........your lawyer.......is not continueing??? the lawyer can sue the person and the company??? and stop the "GC" from putting a lien on your home. you can not file a "lien"..only a "tradesperson " can do that.. start your own "small claims".......go for the maximum..and you sue the company and the persons named on the company. (could be using another name).. also.....many out of country workers have more than one name..so....they have a name from that country and modified that name...to fit the new country..then the company name, and family names..(sounds complex) but if you follow the chain..you can file..in small claims.. now then actual amounts???so example..10% of $100,000 is $10,000 and can the General Contractor show..$10,000 of material and labor...........don't forget..the General Contractor, get supplies, labor, gas, insurance, permits,and other expenses.. why didn't you name yourselves as "general contractor" and hire tradespeople.??? in the "botched/failed inspection" jobs...you will need to have statements for those jobs...and inspectors that will witness.....and this "general contractor" will reply...with just example..."framing" the general contractor can reply..with receipts..what he/she was paid, and could not continue via his expense sheets to bring it further.. so name a "blotched/failed inspection" job........and how much you paid....and do some numbers...........and think how it would be replied...to in "small claims"....... don't forget.............as you further think this through.....and do the numbers...........if you continue to call this person names, etc, it is slander and harrassment and at any time..he can phone the police.....and you can end with a "countercalim" from the General Contractor asking for his time and travel to be in court to answer your formal questions on his bills/work etc.....unless there is a statement in your contract regarding..the contractor billing for discussing the receipts..
