From a Threatening Mechanics Lien to an Arbitration Victory: Lessons from Our Renovation Nightmare
9/07/2023
The word "confusion" barely scratches the surface of how we felt when we asked our contractor to halt her operations and request her crew to leave our premises. Our concerns centered around the quality of their work and the pace of progress. Alarmingly, the 1-3 person crew, consisting only of painters (who were unlicensed), constantly juggled between two job sites since the second week of our renovation.
When we initially engaged the general contractor (GC), she reassured us that she was wrapping up minor projects and would be dedicating her full attention to ours. But, this assurance crumbled on the second day. We found out she had committed to another job which had been bid on before ours, pending escrow. If only she had been upfront about potentially taking on another project, we might have opted for a different contractor. A lesson here? Always get multiple bids. On reflection, we recognized that she had overcharged us by a whopping double for exterior painting and by 70% for interior painting. What added salt to the wound was her deception during the paint selection phase: she showcased the highest grade paint, yet without our knowledge, deceitfully applied the lowest grade.
Fast forward, the threat of a mechanics lien became a looming shadow over our ordeal. There was a moment we nearly capitulated, contemplating settling the amount just to put an end to the chaos. However, on deeper introspection, we realized that we shouldn't be penalized for expecting professionalism and quality. As we delved deeper, we found that the costs to complete the project were substantially lower than what she quoted. Moreover, the unpermitted work in the master bath, brushed off initially as turned out to be a severe misstep. The California Contractors State License Board (CSLB) highlighted her transgression: “Failure to obtain a building permit is a violation of Contractors License Law.”
Further investigations and consultations led to the following recommendations:
- A complete redo of exterior and interior painting throughout the residence.
- Ensuring compliance in the Master Bathroom: Procuring a building permit and satisfying the City of Carlsbad's inspection standards.
- Completing kitchen tasks, including cabinetry finish and countertops.
Our pursuit for justice culminated in an arbitration overseen by the CSLB. The result? A judgment in our favor and an awarded compensation. Admittedly, the amount was less than we had anticipated. However, it was a moral victory and a stark reminder of lessons learned. Most glaringly, never agree to a substantial upfront payment.
For those who find themselves in a similar predicament, we say: Stand firm in your convictions and rights as a homeowner. And remember, a mechanics lien is but a paper tiger; it shouldn’t intimidate you. Let our experience be a guiding light, illuminating pitfalls and paving the way for more informed decisions.