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I signed a construction contract for my driveway to be done.i could not get financed now they are talking about leins.what to do

i signed a construction contract for my driveway to be done.i could not get financed now they are talking about placing leins to satisfy contract. what can i do?

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Attorney answers (3)

Reputation Level 20
If the contract you signed wasn't contingent on you getting financing, then your obligation to pay the the contractor is independent of that.

But financing aside, what other language is in your contract? What stage is the construction in? Have you made a deposit? Contractors are very regulated by the Business & Professions Code as well as by the Constractors State License Board, so you may other other rights you could enforce.

Like all contract questions, since all contracts are unique and there's no such thing as a ""standard" contract, you're best off having someone review your particular contract to see what's been agreed to.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Reputation Level 13
I would start by having a lawyer take a look at your contract. Contractors who provide home improvement work have to provide a very detailed contract in order to meet their licensing requirements. You might also want to check on the licensing status of the contractor. A contractor who does not have a valid contractor's license to perform the work has no right to compensation of any kind. In addition, the right to profit on an unperformed contract was put into question in a California Supreme Court Case involving a bid protest.

The Los Angeles County Bar Association has a lawyer referral service that will be able to refer you to a lawyer. A link appears below. Good luck!

Reputation Level 11
Even if you owe the money, the contractor may not be entitled to a lien against your property. The contractor's rights, if any, to a lien will be covered by the mechanic's lien statutes, Ca. Civil Code, Secs. 3082 - 3269.

Assuming there is no financing contingency, if the contractor is not entitled to a lien, it will improve your negotiating position. The odds are that even if you owe the money, you will be able to negotiate a reduced obligation.

Hire a lawyer. You will need one for this.

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