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can i file a lien as a "laborer"

CaliforniaLicensesMechanics Lien

Hi we signed a lease option contract and moved into a run down property with the intent and understanding that we would use our own $$, do the labor that needed to be done, and then we would jointly put the house on the market and everything over the set option price was ours to keep to recoup our investment and make a profit. During Covid, the property owner lost alot of their retirement income and freaked out and demanded we sell the property 4 months into our 4 month contract. We refused and ended up in court, where we have been for the last year! Now they are saying they are going to counter-sue us because we did all of the work without a contractors license, and some of the things we did should have required a contractors license, although we hired a licensed plumber to re-do the master bathroom which was really the only improvement that would require a license. The owner was totally aware of what we were doing, we sent them pictures of everything we were doing, step by step and they gave us "thumbs up", said things like "keep up the good work", and "almost to the goal line keep going". Now we know we were just being used, and they are saying they were not aware we were doing anything, etc etc. Question: Would they actually be considered an owner builder in this situation and can we file a lien in California on the property as a laborer? Thanks!

2 replies

Jul 13, 2021
Well that's an interesting question! So your arguing you were an employee of an owner-builder and the owner is arguing you were an unlicensed contractor. If your an unlicensed contractor your entitled to nothing under B&P 7031, and could possibly face criminal charges. If your an employee your entitled to all your back wages plus statutory fines against the employer. Your status may depend upon what is stated in the "lease option contract," and also what were the expectations of the you and the owner, and how much control over the project did the owner have over what you were doing. If you were a tenant at the time that may also change the outcome. You should contact a lawyer in your area. It can be a construction law attorney or an employment law attorney. If you were a tenant then you may want to also contact a tenants rights attorney.
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Jul 13, 2021
Thanks Brion!
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