Defending Your Rights Against A Claim Made In Bad Faith
When a subcontractor puts a lien against your home, it can be incredibly stressful. Having an experienced attorney by your side is the best way to fight this. I am Scott McMillan, founder of The McMillan Law Firm, APC. I have worked with countless clients throughout Southern California who were in need of solid legal advice. I am a straight shooter who will always give you the honest guidance you deserve.
Understanding What A Mechanic’s Lien Means
Mechanic’s liens are meant to hold homeowners responsible if a subcontractor or supplier has not been paid. A subcontractor or supplier must provide written notice to the homeowner within 20-30 days of the contribution. If they haven’t been paid after that, they file a claim. However, sometimes this is done in bad faith. One example I see a lot is where subcontractors are angry after you criticized their work. Instead of taking accountability or fixing the problem, they file a lien in bad faith. Don’t panic. As an experienced real estate lawyer, I will fight tirelessly for your rights whether you are in a similar situation or a different one.
Mechanic’s liens appear on public property records and can create a problem with your title. It also makes it difficult to sell your home. In order to avoid a mechanic’s lien, there are some things you can do. By paying with joint checks, you can ensure both the subcontractor and the supplier get paid. You can also get a lien waiver, which is put in your initial contract. Some people decide to pay the subcontractors or suppliers themselves and deduct the amount from what they owe the contractor. Unfortunately, even if you make every attempt to avoid a claim, some subcontractors will file them anyway. Whether it is negotiating out of court or arguing in front of a judge, I will do everything I can to advocate on your behalf.
Don’t Wait Any Longer; Call Today
I fight for people facing these issues and remind them to not give up hope. Every case is different, and in examining the specifics of your situation, I am able to give you a realistic assessment. To schedule a consultation and to learn more about how I can help, call my office in La Mesa at 619-567-5328 today. You can also fill out my online contact form.