We have a mechanics Lien filed on our property by a Landscaper who is not licensed in the City of Beverly Hills to operate. His last claimed work that was not paid was in December of 2022. Over 115 days ago. The lien was filed with the county on April 25th. Los Angeles County recorders office. The City of Beverly Hills requires a Landscaper to be licensed. I read if not licensed you are not qualified to file Mechancis Lien. How can I find out if he is qualified or not to file? It doesn't sound like he falls in the 90-day window first of all. Thx, John
California's mechanics lien law is governed by the California Civil Code, specifically sections 8000 to 9566. The mechanics lien law establishes the rights and procedures for contractors, subcontractors, and other parties involved in construction projects to claim a lien against the property if they are not paid for their services.
One key requirement for recording a mechanics lien in California is that the claimant must be a licensed contractor. California law defines a licensed contractor as an individual or entity that holds a valid contractor's license issued by the Contractors State License Board (CSLB), which oversees contractor licensing in the state. You can check to see if your landscaper is a licensed contractor by searching on the portal provided on the CSLB website.
According to the CSLB, landscaping work that involves construction, alteration, or maintenance of landscaping features may require a contractor's license depending on the scope and nature of the work. If the landscaping work goes beyond basic gardening or maintenance tasks and involves substantial construction or improvement of property, a contractor's license may be necessary.
Since the mechanics lien law is intended to protect the rights of licensed contractors and other qualified professionals in the construction industry, landscapers who are not licensed contractors are typically unable to record a mechanics lien in California.
To obtain specific legal advice and detailed information on this topic, it is advisable to consult an attorney who specializes in construction law or refer to the relevant California Civil Code sections and official resources provided by the California Contractors State License Board.