Breach of contract. Job is not completed, Improper install and Code compliance issue. Almost 2 years. Contractor would not remove invalid, stale lien, even demand letter were sent. Plan to have attorney petition to expunge lien. What happen if contractor playing game, and decide to voluntarily remove lien during the 10 day serve notice. All the attorneys I talk to they want fees up front. will I be able recover the attorney fee from the contractor. If not, Will I losing thousands $ on attorney fee. Advice please.
No. If the contractor voluntarily removes the lien there would be no reason to petition. You can prepare the notice yourself or have an attorney prepare the notice for you. For more information see this CA court webpage: http://www.saclaw.lib.ca.us/pages/petition-mechanics.aspx
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Construction / Development Lawyer
If you have given notice for the contractor to remove the lien, and he does not within the allotted time period, then you will need to file a petition. If you hire an attorney to do that, and then after you file the petition but before the hearing date the contractor removes the lien, the court may still award you attorney fees. It is possible that the court will not, since the lien is now gone. There is never any guarantee that you will be able to recover attorney's fees, even if there is a statute making it mandatory. Some courts just won't do that.
If you file the petition yourself, then you will not be entitled to any attorney's fees, though you will probably be able to recover the cost of filing.
Construction / Development Lawyer
Petition of the stale mechanic's lien removal will cost about $2,000 with including the first appearance and motion fees. If the contractor would remove the lien prior to the court hearing, you still appear to ask the court to issue lawyers' fees in your favor. Simply, but for your filing, the contractor would not remove the stale mechanic's lien. When you have a court order for payment of your lawyers' fees, you can make a complaint to the contractor license board after 30 days from the entry of judgment. Edward C. Ip www.lawyer4property.com
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