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?
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).