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can an llc or corporaton represent themselves in California to file a lien on residential home?

CaliforniaConstruction Contract

We have a fraudulent contractor unlisenced at that and has taken 50% up front and failed to deliver the carpentry. Will not let us see it and now wants all the money or he will lien the property that he has not done any work in? How does this work? aside he is a corporation and takes advantange breaking all the rules of a contractor.

3 replies

Nov 29, 2022
If the contractor is in fact unlicensed in California, it has no right of recovery of compensation under California law. See Calif. Bus. & Professions Code section 7031.
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Nov 29, 2022

An unlicensed contractor does not have the right to lien your property. Even if they were licensed, a contractor can’t lien for work that wasn’t installed or included in the work of improvement. It actually has to be part of the structure. If this a residential remodel, it’s illegal for them to charge a 50% down payment. I advise you to immediately file a complaint against them with the Contractors State License Board (CSLB). The complaint form is on their website at www.cslb.ca.gov. Although sometimes just the threat of you filing a CSLB complaint against them is enough to motivate a contractor to finish their work. Although if they’re not licensed, I’m not sure you can trust them to do good work or to carry worker’s compensation insurance for their employees. If they don’t have worker’s compensation insurance and their employee gets injured on your job, you can be liable. Sometimes a letter from an attorney can help too. I’m happy to answer any questions you have about this.

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Nov 29, 2022
Yes
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