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Do I need to record a release of lien?

CaliforniaLawsuitMechanics LienPayment DisputesRecovery Options

Transpacific Recycling LLC incurred charges for equipment to clean up the yard of tire debris. They're attorney is iclaiming I have no right to file a lien because I am not a licensed contractor, a landscape architect, nor a licensed design professional. I was contracted by the President of the company at that time to facilitate the equipment needed to take care of the task. I am only trying to get paid for the use of the equipment. What are my options?

1 reply

Sep 19, 2017
California has fairly strict licensing requirements in order to qualify for mechanics lien protection. If a party is required to be licensed as a contractor, a license is required in order to claim a lien. And, not only that, but as well as a prohibition on filing liens, an unlicensed contractor is barred from a lawsuit, as well. This is a harsh rule, but California has determined that protecting consumers against unlicensed contractors is more important (for the most part) than getting those parties paid for the work they did (even if it was sufficient work). It's also worth noting that contracting without a license is a misdemeanor.

Note, however, that there is an exception from the licensing requirement for "handymen" or laborers - however, the work that can be done by a handyman or other unlicensed contractor is limited to $500.

It would likely be a good idea to talk to an attorney to see if there is a reasonable path to recover the money you are owed - if you need a free or low-cost attorney you can find information here: https://apps.americanbar.org/legalservices/probono/directory/california.html
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