Home>Levelset Community>Legal Help>My contractor and their subs are not getting along. I have paid the contractor in full, and I received a notice of intent to mechanics lien. The sub called me and told me that he mentioned to the contactor that he will lien my property and the contractor told him to do what they have to do. What can I do?

My contractor and their subs are not getting along. I have paid the contractor in full, and I received a notice of intent to mechanics lien. The sub called me and told me that he mentioned to the contactor that he will lien my property and the contractor told him to do what they have to do. What can I do?

CaliforniaMechanics Lien

The contract holder and subcontractor are not getting along. We have paid the complete contract amount and the sub was not paid. The sub called me and told me that he mentioned to the contactor that he will lien my property and the contractor told him to do what they have to do. What are my rights and what can I do?

1 reply

Jul 25, 2018

That's a good question. Unfortunately, some contractors hear that a lien might be filed and assume that it's not their problem - it's the owner's problem. In California, as well as a number of other states, this is not the case. Under § 8470 of the California Civil Code, "In an action to enforce a lien for work provided to a contractor: (a) The contractor shall defend the action at the contractor’s own expense. During the pendency of the action the owner may withhold from the direct contractor the amount of the lien claim." Thus, if a subcontractor files a lien claim in CA, the prime contractor will be required to defend the action against the owner at the prime contractor's expense. Further, the owner may withhold payment from the prime contractor for that amount as well. Further, the owner may recover any judgment found against them from the prime contractor as well. Notifying the prime contractor that they will ultimately be responsible for their subs' lien claims often provides strong incentive for them to resolve their differences.

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