When people talk about liens placed on their homes by contractors, they’re talking about mechanics liens. A mechanics lien is a statutorily permissible legal claim recorded by a contractor to secure payment for work performed. In short, mechanics liens are intended for situations where a homeowner refuses to pay for a contractor’s services. Because a mechanics lien can result in the forced sale of your property (i.e., a foreclosure), the law requires your contractor to strictly abide by a variety of requirements contained in the mechanics liens statutes.

For example, contractors may not enforce mechanics liens unless they record their claims after completing their contractual obligations and before the earlier of either of the following:

• within 90 days after completion of the work; or
• within 60 days after a property owner records a notice of completion or cessation.


Unfortunately, more often than you might think, a dishonest contractor will record a mechanics lien against your property even when there’s a legitimate dispute between you and the contractor regarding the amount of money owed—e.g., the contractor didn’t properly complete the work. For example, if your contractor performed shoddy work, or failed to complete the project as agreed, and you had to hire someone else to do the work, you might decide (rightly) not to pay the contractor for the bad workmanship. A dishonest contractor, however, might go ahead and record a mechanics lien against your home counting on the fact that you might not know your rights, all in an effort to strongarm you into paying for services you shouldn’t have to pay for.

This is when you need to hire an experienced real estate attorney because when a contractor records an invalid lien against your property, you do have options. In fact, there are real consequences facing a contractor who records an invalid lien, including payment of your attorneys’ fees and costs.

An experienced real estate lawyer will first send a demand letter to your contractor explaining why the lien is invalid, and demanding that it be removed immediately. If the contractor refuses, however, then your attorney will file a motion to have the mechanics lien expunged. This is where you get to tell the court your side of the story (i.e., why you didn’t pay the money demanded), and if the court agrees with you, then the contractor will not only be ordered to remove the lien, but your contractor might also be ordered to repay you all of your attorneys’ fees and costs.

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SERVICES


The horror stories that you’ve almost certainly heard about shoddy workmanship and crooked contractors are not entirely without a basis in fact. To say the least, disputes between homeowners and their contractors can cause all sorts of problems, and an unresolved contractor dispute can not only be a nightmare to work through, but it can even temporarily torpedo your property’s value. Ideally, the contractor you hire will perform according to a written agreement with you describing the scope of work to be performed on your property. However, it is not uncommon for contractor/homeowner relationships to go south. When such disputes arise, it is imperative that you act immediately to protect your rights.

Failure to Perform

Poor Workmanship

Faulty Materials

Property Damage

Unpermitted Work

Building Code Violations

Fraud

Misrepresentation

Illegal Mechanics Liens

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ABOUT US


Kushner Carlson is proud to offer our clients a dynamic and effective legal team with top academic and professional credentials. Our attorneys have extensive experience in contractor disputes involving residential and commercial properties throughout California. In addition to having a hard-earned reputation for being strategically aggressive during the pendency of our litigation cases, our lawyers are also well known for their superior writing and innovative, client-centered approach. In short, the trial attorneys at Kushner Carlson excel because they are among the best at what they do. It really is that simple.

OUR TEAM


DOMINIC M. CARUCCI

Partner

Paul Deese

Partner

Audrey Smith

Partner

Divya Bhavsar

Associate

James Calkins

Associate

Sara Etemadi

Associate

William Bergeron

Associate

Ryan Davies

Associate

Shelby Daws

Associate

James Decker

Associate

Ramy Galal

Associate

Kyle Kasparek

Associate

Shane Micheil

Associate

Kirk Pearson

Associate

Griffin Schindler

Associate

Phong Tran

Associate

Justin Walley

Associate

Chris Xouleis

Associate

Alexandria Zuccolotto

Associate

OUR FOUNDERS


Michael Kushner was born and raised in Long Beach, California. He obtained his undergraduate degree from UC Berkeley, where he was inducted into Phi Beta Kappa during his third year and graduated with Highest Distinction the following year. Mr. Kushner then attended law school at UCLA. After moving to Orange County, Mr. Kushner honed his skills at two prestigious law firms before striking out on his own. From there, Mr. Kushner quickly earned a reputation as a formidable and skilled trial and transactional lawyer in the areas of business and real estate law, as well as an entertaining and informative lecturer on various trending topics.

Raised in Florida, where he began surfing competitively at a young age, Luke Carlson moved to California to obtain his education at Chapman University, where he graduated with honors. Prior to Mr. Carlson’s graduation from law school in 2009, he began working at Mr. Kushner’s law firm, where Mr. Carlson demonstrated not only a remarkable degree of business acumen, but also vast knowledge and expertise in the action sports industry. Mr. Kushner and Mr. Carlson complemented each other’s skills so well, that they decided to team up to form Kushner Carlson.

Since then, Kushner Carlson has grown at an impressive pace, transforming itself from a boutique law firm to a mid-sized powerhouse staffed with the industry’s sharpest legal minds. Today, the Kushner Carlson brand is synonymous with strategically aggressive representation and pioneering innovative legal technology.

And we’re just getting started.

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85 Enterprise, Suite 310
Aliso Viejo, CA 92656

PHONE

949.421.3030

KUSHNER CARLSON

85 Enterprise, Suite 310, Aliso Viejo, CA

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