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List of subcontractors requirements in california

California

Is my GC required to tell me which parts of the job are being done by subcontractors (in California)? I think my GC is trying to avoid getting lien waivers from the subcontractors on the project by telling me they are not subcontractors.

3 replies

Sep 9, 2020

There’s no legal requirement that a general contractor tell you which parts of the project will be done by subcontractors, unless it’s in your contract. I rarely see that type of provision unless it’s a public project. If your GC does use subcontractors, it is a legal requirement that they be properly licensed to do the work.

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Sep 9, 2020
Thank you! The contract says "Upon satisfactory payment being made for any portion of the work performed, the contractor, prior to any further payment being made, shall furnish the person contracting for the home improvement work a full and unconditional release from from any potential lien claimant claim or mechanics lien authorized pursuant to sections 8400 and 8404 of the Civil Code for that portion of the work for which payment has been made." Does this mean he should be giving me lien waivers from subcontractors as well?
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Sep 9, 2020

Yes, any subs should be providing lien releases, if there are any subs. You would especially want to get lien releases from any subs or suppliers who you received a Preliminary Notice from. These would have been sent by certified mail so you would know if you got one. Anyone other than GC (like a sub or supplier) who didn’t send you a Preliminary Notice is not legally allowed to file a mechanic’s lien on your property. If you didn’t receive any preliminary notices you should be OK. If you get one later, you will want to ask the GC for proof of payment to that sub or supplier.

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