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can a handyman file a lien for 40k without a written or verbal contract

CaliforniaRight to Lien

I have a friend that I brought on to a remodel project. She had no money to invest so instead she offered up her husband to do work in lieu of her investing. I told them both from the start that he would be working for free for her to work of the amount she would need to have invested. Her husband did about 80%%20of the demo. There became disputes about his work and my friend decided to walk off the project and take her husband with her. We had no written or verbal contract with her husband. We had no contract written or verbal about paying him money, especially if he walked off before demo was completed. Now my friends husband is demanding 40k for work done (demo only on job not completed) because it took him 5 mo to complete the 80%%20working around his full time job. We pay 5k interest only per mo. to our hard money lender and stressed this multiple times. Now the husband wants money for hours worked not for partial job done and has presenting us with a 75dollar per hour bill for the 5mo it took him. He has given us a 20day notice of intent to lien. Is he within his right?

2 replies

Oct 27, 2022
Well, he can't collect on a lien as a Handyman, but based upon what you wrote a creative employment law attorney may be able to make an argument that he was an employee. In short you should probably consult with an attorney.
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Oct 28, 2022
Unrelated to her situation. I was advised that if the subcontractor was working under a General contractor who works directly for client. The GC obviously signs liens collects payments than refuses to pay the sub who is technically qualified for this project and can prove with scope addressed to him cant he lien? please note: client hired the GC knowing he subs and then fails to collect lien for subs and supplies wouldn't that handyman be entitled to lien?
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