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Can unlicensed sub file a mechanics lien on GC when job not complete?

CaliforniaMechanics LienPayment Disputes

Can an unlicensed sub-contractor legally file a mechanics lien for a partially completed job? Original scope was complete kitchen tile job for $1k, $500 paid up front. tile guy left the job in the middle and did not complete the work. No preliminary notice has been received.

2 replies

Oct 3, 2019
This is one of those “the answer depends on the question asked,” type questions. Can an unlicensed subcontractor that did not complete its work and did not serve a preliminary notice, record a mechanics lien? Yes it can. Just as anyone can file a lawsuit for any reason. Would  an unlicensed subcontractor that did not complete its work,  did not serve a preliminary notice, and recorded a mechanics lien, win? No it wouldn’t.
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Oct 3, 2019
Garret's answer is spot on here. There are a lot of "depends" that would factor in here, making it hard to answer the question by pointing to general information.  I would add two things to his answer, which may be helpful to you.  They are 2 different videos that explore components of your question and will help you understand the issues at play more. #1) Can an unlicensed contractor file a mechanics lien? This depends on the state and then has some nuances to it. Here is a video: VIDEO: Can an unlicensed contractor file a mechanics lien? #2) Can a contractor file a mechanics lien if work is unfinished? You have this built into your question, too.  This depends, as well. VIDEO: Can you file a Mechanics Lien on an unfinished project?
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