We completed a backyard project with a landscaping company. The project involved removing old concrete and hauling it away. The contractor (unlicensed) ordered dumpster from local trash company and did not pay them. The contract with the local trash company is under the contractors name. I, home owner, am in no way involved. I received a bill from the local trash company addressed to my contractor to pay for the pick-up. He is not responding to my calls. I read that the local trash company can put a mechanics lien on my property. What options do I have? I don't have any written contract with my contractor. I paid him in full already. State: California City: Fremont
I am sorry to hear about the trouble you have endured. First off, California is one of the many states that doesn't require a written contract for mechanic lien rights. In California, contractors and suppliers are generally allowed to file a lien even if they don't have a written contract. Although unlicensed contractors and subcontractors in California are not entitled to mechanics lien rights if their work requires a license, a supplier's rights generally won't go out of the window simply because their customer - the GC or sub - is unlicensed. Therefore, if the supplier hasn't been paid, then they may end up with a valid mechanics lien against the project. The following article likely is useful to you going forward: I Just Received a Notice of Intent to Lien - What Should I Do Now?
Most importantly, mechanics lien rights are generally available to those who provide labor, materials, or equipment that is used to permanently improve the project property. It is not certain that simply ordering and placing a dumpster on the property, for it to be later removed, would be subject of a valid right to a mechanics lien. Typically for a material to be lienable, that material must be permanently attached to the project property like installing a toilet in a bathroom. For equipment to give rise to lien rights, that equipment must be specifically used in improving the land. Yet, the opposition likely may raise that under §8402 of the California Civil Code, "A person that provides work authorized for a site improvement has a lien right under this chapter."
One of the best ways to hold a contractor accountable is to report their actions and unlicensed activity to the California Contractors State License Board. The CSLB was designed to regulate contractor activity in California so that should be your first step. You can also go a step further and leave poor, yet factual and honest, reviews on sites like Better Business Bureau, Angie's List, Facebook, and Google which can help warn others of the dangers of working with the contractor. Keep in mind there may be so potential blowback. If the contractor and supplier don't have a right to file a mechanics lien against you then there is likely nothing to worry about. Yet, if there are mechanics lien rights available, any reviews against them may instigate them into filing a claim.