QUESTION

I paid of my contractor,he didn't pay material supplier. The supplier filed a lien on my property. What is the best move I may do? Revoke lien or s

Asked on Dec 14th, 2016 on Real Estate - California
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What's the best move I shall proceed? To revoke the lien or to sue the contract?
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2 ANSWERS

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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The lien is not a problem for you, unless and until you want to sell or refinance your property. So you are not in a hurry. If the supplier does not sue within 90 days after recording the lien, the lien will expire.  You need to hear the general contractor's side of the story. He might have legitimate defenses to the supplier's claim. You don't want to pay the supplier, if he didn't supply the materials or he was paid what the contractor owed him, and the supplier is trying to claim more than was agreed, you don't want to be the one deciding their dispute. If the supplier sues, you can sue the contractor in the same lawsuit. You can also send both lawsuits to the Contractors State License Board for investigation. If either of them has done this before, the CSLB might take an interest. Dana Sack  
Answered on Jan 08th, 2017 at 1:15 PM

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Probate Litigation Attorney serving Anaheim, CA
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You are likely going to have to resolve the lien with the subconractor and then file suit against your general contractor to recover your loss. What is the amount that is owed to the subcontractor? Thanks,Jon
Answered on Dec 14th, 2016 at 12:07 PM

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