I fired our contractor before he even finished the work 1/2 way for several reasons but mostly because of his work ethic of yelling at me, not keeping time line and mistakes. He in turn sent me an invoice for work not completed and what was, completed unsatisfactory. I replied to it with pictures to prove what he didn’t complete. Now I received a lien for work that was not even complete! He already received almost 10k now wants another 10k. Help! We don't have money to hire an attorney and we can't lose our home. Oh I also want to add that initially he had me sign a blank contract, when he found out how much our insurance allowed 28k. He allocated every cent and had me sign a new contract with those amounts.
If you don't want to hire an attorney to sue your contractor, you should contact the Contractors State License Board and file a complaint against him. Use the complaint form on their website: http://www.cslb.ca.gov/
I agree you should file a complaint against the contractor with the CSLB. Also, the lien will become invalid unless he files a lawsuit to foreclose the lien within 90 days of the lien recording date. You can wait out the 90 days and then demand he release the lien. If he refuses, you can petition the court to judicially remove the lien and he's liable for all your reasonable attorney fees.
You should discuss this with your insurance company if they are the ones paying for the work.
You may have claims against your contractor and valid defenses. To be entitled to a lien, he has to record it within 90 days of completion or cessation of work, and then must file a lawsuit to enforce the lien within 90 days of recording. The costs of enforcing a $10k lien are likely greater than $10k.
You may also be able to get assistance from the CSLB, and could file a bond claim.
You may want to consult with a local construction attorney to determine your potential claims and defenses.
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