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How to have an unlicensed subcontractor release wrongful lien?

Hello, we, main contractor on the property, are currently working on property where an unlicensed subcontractor filed a lien on the property. how do we demand a release of the lien? Does the owner have to do it or can we demand a release as the main contractor?

2 replies

Mar 5, 2020

If you are in California you do not have to pay the sub. That usually gets someone's attention. However you could get sued for fees owed. To get your money back or force removal of a lien you will have to file a lawsuit.

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Mar 5, 2020

You can and should demand a release from the unlicensed subcontractor. I generally prepare the Release of Lien form for them to sign, notarize and return to me since many contractors know how to put a lien on but not how to release one. You can also file a complaint against them with the Contractors State License Board. Your not allowed to hire unlicensed subs so you may need to explain that. Often times a strong demand letter from an attorney can help with getting the lien off as well.

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