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Can a subcontractor take me to small claims court for a debt unpaid by my contractor?

CaliforniaLawsuit
Anonymous Contractor

Hello, a subcontractor of mine is suing me in small claims court as he was never paid by my contractor for part of my bill. I never had a legal agreement with the subcontractor as the subcontractor was hired by my contractor. Do I have personal liability in small claims court in this scenario for a debt unpaid to the subcontractor. I thought the subcontractor had to file a lien on my property to recover his debt. Is that true? If I go to small claims court and tell the judge that I had no agreement with this subcontractor and he didn't pursue a mechanics lien will my case in small claims court be dismissed? Thanks, Sandra

2 replies

Levelset Admin at Levelset
| 1,000 reviews
Nov 26, 2019
Ultimately, whether or not an owner would be liable to a subcontractor in small claims court would come down to what basis the subcontractor is suing under. Conceivably, a subcontractor may be able to pursue a claim like unjust enrichment against an owner - but even then, if there's some other potential remedy in law, then unjust enrichment would likely not be a successful route. More on that here: Is Unjust Enrichment An Alternative To A Mechanics Lien Claim? As for whether or not the suit would be thrown out - it would be impossible to predict how the given court might turn, especially without knowledge of the claims being made or the supporting documentation or arguments that might be made by the opposing party. Ultimately, that will come down to the specific claims being alleged and the relevant circumstances. Regarding mechanics liens - generally, a mechanics lien claim is the most convenient and most powerful tool in a subcontractor's arsenal to force an owner to make payment. And, outside of the lien process, a subcontractor would generally need to pursue legal claims against their contractor if they do not get paid. For ultimate clarity, it'd be wise to consult a local construction attorney. They'd be able to review the claims being made and able to provide you with legal advice regarding the case, as well as the viability of any claims that have been made.
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Anonymous Contractor
Question Author
Mar 8, 2020
Thank you Matthew for this thoughtful response to my question.  I followed your link to the article "Is Unjust Enrichment an Alternative to..."   The article was focused on Arizona law.  Could you give me your view as to whether unjust enrichment is an alternative to pursuing a mechanic's lien in California? Is there any case law that you would point me to in order to support my defense against the subcontractor's unjust enrichment claim? Thanks in advance, Sandra
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