Can I get a contractor to sign a waiver when the job is over budget and not complete?
Full Question:
Answer:
A construction lien is possible if a person or company has provided permitted labor and/or materials to real property that have gone unpaid. In California, there is a mandatory process to follow in order to create a valid lien. An original contractor must record his claim of lien after he completes his contract and before the expiration of (a) ninety (90) days after completion of the work if no notice of completion or notice of cessation is recorded, or (b) sixty (60) days after the notice of completion or notice of cessation is recorded. After that time frame has passed, he cannot enforce a lien.
The process is predicated on the assumption that there was a contract between the contractor and the property owner. If there was a written contract, it should provide for what would happen in the case of default by either party. A quote is not a contract unless it was signed by the other party (creating an acceptance of the quote which can also be called an offer). Any work outside a written contract may not be covered by terms of that contract and thus may become a separate verbal contract.
Unfortunately, there is no legal remedy to force a contractor to sign a waiver of his rights to payment (lien).
Enforcement of a contract by the homeowner would require proof of the terms, including the work that was to be performed and the total amounts that were to be paid.
