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Is an unlicensed sub able to collect from the general contractor for unpaid work in CA?

California

I have an issue with an unlicensed subcontractor who was hired by a general contractor to perform painting services. The painter made an awful mess requring the general to pay a majority of the contract price to mitigate the sub's damage to the homeowner's interior. The sub wants the full amount and seeks to enforce a mechanics lien against the homeowner to recoup the amount owed despite the fact general contractor had to spend most of the contract price to fix the sub's horrible work. The general did not find out the sub was unlicensed until after the work was finished. 1. Can an unlicensed sub in CA enforce a mechanics lien? 2. Is the general liable for not doing due dilligence when hiring a sub who turned out to be unlicensed? Thank you! Travis Puckett travispckett@gmail.com

2 replies

Sep 1, 2022
1. NO. 2. Maybe. Sometimes subs have licenses but they expire or are temporarily suspended. Sometimes they lie to the GC and provide false information. Would need to know more. It sounds like the GC is trying to fix the issue.
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Sep 2, 2022
1. No. B&P 7031. 2. May be. depending on the facts
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