QUESTION
Does the concrete pumper company have a case against me?
Asked on Sep 30th, 2016 on Construction Law - California
More details to this question:
I hired a guy to pore some concrete around the outside of my house. There was no contract. He told me verbally that the cost included materials and labor. At the end of the project I wrote him a check for $8000 because all was good. That was a couple of months ago. Today I get in the mail a "Notice of Intent to Lien" from the concrete pump company that the contractor had hired that they have not been paid and want $4400 from me. But I already paid the contractor the total amount. I didn't not have a contract with the concrete pump company and never signed anything. It seems to be they don't have a case against me, it would be against the contractor.
1 ANSWER
Construction and Real Estate Attorney serving Burbank, CA
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Did you receive a preliminary notice in the mail from the pumping company? If not, they cannot lien your property or come after you for materials provided more than 20 days before the date of the lien. You will probably need an attorney to write a letter to the pumper citing the pertinent law and warning them against filing an invalid lien and telling them to go after the contractor.
BTW, just because it was verbal does not mean you do not have a contract. Contracts may be oral. Now, for home improvements, there are written contract requirements established by law but they do not invalidate a right to payment.
Answered on Oct 03rd, 2016 at 8:46 AM