He finished the work December 21, 2021 under a written agreement of payment upon completion with a contractor. The contractor says he does not have the money to pay him and the home owners say they have paid the contractor. In researching a Mechanics Lien, we discovered that my husband was technically a subcontractor but he does not have license. His business is landscaping, final seed and grading and hardscapes. We live in Bedford County and he is not required to have a business license, so he doesn't build anything we didn't look into a contractors license. He's done this work for 28 years. Never an issue, however in researching our options with this one non payment, we're seeing he needs a subcontractors license to recoup his contracted amount, is there any recourse he can take? Can he remove what has not been paid for?
In this scenario, a mechanic's lien won't work because of the license requirement. Also, he cannot remove what is already attached to the land/tear out any hardscape or other items. The lack of a license complicates the collection, though there could be an unjust enrichment argument on your behalf. This last would be a tough sell, but depending on the amount owed, may be worth a shot.
My advice is to get the license ASAP to avoid this problem in the future.