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Can unlicensed tile guy issue lien on my house in California?

California
Anonymous Contractor

I got the permit to build a bathroom inside my house and hired a licensed contractor -David -to do the work. As per my contract with David, he takes care of all labor and I supply material. He hired a sub -Andres-to do the tile work and did not pay him. Now the sub says he will file a lien on my house as the contractor is not responding and paying him. Andres is not licensed. Can Andres file a lien on my house?

3 replies

Partner at Flores Ryan, LLP
| 280 reviews
Oct 9, 2020

Andres may be able to record a valid lien on your property. You should insist that David pay Andres. While an unlicensed contractor or a subcontractor that fails to provide preliminary notice does not have lien rights, Andres is considered an employee of David for most purposes because he does not have his own license. Further, David would likely be considered exempt from the preliminary notice requirement as David's employee. If David does not have workers compensation insurance than he is not properly licensed either and you can demand that David return all the money you have paid him under B&P section 7031(b). 

Do not act on the information contained herein without seeking the advice of licensed counsel. The information presented here is general in nature and is not
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Anonymous Contractor
Question Author
Oct 9, 2020
I am assuming David has workers comp as he has the license as per California License board and he does not want to pay Andres. He says I will be paying with the balance. But I cannot pay Andres until David completes his work. So what are my options?
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Anonymous Contractor
Question Author
Oct 9, 2020
Also, my contract does not say no-lien. Not sure how can I get that added to the contract now. Any suggestions?
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