What are an engineer’s rights to place a mechanic’s lien against a property?

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What are an engineer’s rights to place a mechanic’s lien against a property?

A sunroom contractor bought him to my house to do structural designs for the sunroom. The engineer according to the contractor wanted to deal directly with the homeowner, so we signed a contract with him. When the contractor saw the designs he said he was not going to use them because the posts he designed would cost to much to build. We since have since terminated the project with this contractor because he has delayed us for 3 weeks without even getting a permit. The engineer has threaten putting a lien on my house if I don’t pay him. Should I pay?

Asked on October 8, 2010 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you signed a contract with the engineer then you are bound by the terms of your contract.  So yes, you are bound by the terms.  But, I would strongly suggest that you take the contract to someone to read on your behalf to make sure that the engineer abided by the terms of the contract as well or if he breached at all and if you received what you bargained for.  If yo are not happy with the engineers designs then you have a right to request that he do it until he gets it right (make sure that you do not have to pay more for that).  You have already agreed to his services and whether or not this contractor uses them does not matter.  You can have whomever you choose as the contractor use them.  So use this situation to your advantage.  Good luck.


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