Mechanic's lien and Contractor's complaint (Advice)

[joshuana]

Hi,

I need some advice. Our PB was last seen in early December trying to fix falls, slide and etc.. A month has passed. What was 1 leak is now 7 coming through the boulders in grotto waterfalls and calcium has developed making big stains. They never got the sheer descents, slide, and spa spillway working as planned. One of the large waterfalls splashes over 4ft onto the new concrete deck since the finished grotto falls are larger on one side than the original specs. We filed a complaint with the Contractors Board 1.5 weeks ago. Within days the PB appeared in our yard without us knowing and said they put a rock at the top of the waterfall to 'fix' the leak. We came home to an empty spa and immediately began to fill it! They then called us to get their last payment since they feel that the project is complete. We told them that they needed to finish the other things that didn't work before receiving the final $5k payment. PB 'served' us with a mechanics lien stating the payment was due 2 months ago. Now they want payment and past interest. We never received a bill and they didn't complete the job. They only appeared after we filed a complaint on them. Is all of this normal? I regret ever getting a pool built! Advice? Thanks

 

[JoyfulNoise]

Unfortunately, TFP is not really qualified to offer advice in this area. Problems do come up with pool builds and are often resolved between the homeowner and the pool builder directly. While situations like yours are sad and frustrating to say the least, they are not uncommon. However, your dispute has now gotten to the point where the PB has put a lien against your property. The only way to deal with that is to resolve the debt with the PB and have them withdraw the lien or for you, the homeowner, to see out legal counsel and have the dispute settled in court. Chances are, involving lawyers and going to court is very likely to cost you as much as what you owe the PB unless you have some form of legal insurance like the types offered through employer benefit plans or entities like LegalShield, etc.

Good luck.

 

[lasvegaspools]

Depending on your state contacting the Contractors Board might be the best first step. They may be able to issue them a repair and or fix letter. This may also allow you to file against their bond and or a State Recovery Fund. If the work is that bad this may motivate them to fix issues.

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[gwegan]

What do you mean "served" you with a mechanic's lien? How much do you owe the Contractor? In California a contractor in a direct contractual relationship with the property owner must record a lien at the county recorder and then file suit on the lien within 90 days or his lien is void. Most pool builders in California don't file liens.

Has the CSLB assigned an investigator?

Send me a private message and maybe we can figure out what is going on.

 

[pooldv]

Depending on your state contacting the Contractors Board might be the best first step. They may be able to issue them a repair and or fix letter. This may also allow you to file against their bond and or a State Recovery Fund. If the work is that bad this may motivate them to fix issues.

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Thanks!