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Preliminary notice of lien

CaliforniaPreliminary Notice

If we did not receive a 20 day preliminary notice from our contractor and/or his subs can they later file a lien if the job was not completed and a cessation notice was given to the contractor due to the fact that he is not a licensed contractor in California and the work completed was done improperly and without any permits?

2 replies

Jun 28, 2021
Well he can file it, but based upon what you wrote that would be a stupid thing for the unlicensed contractor and subcontractors to do. If the subcontractors are licensed, but the general wasn't, then by filing a mechanics lien they are essentially admitting to aiding and abetting an unlicensed contractor in committing a misdemeanor crime. See California Business and Professions Code 125 & 7114. Failure to obtain permits is also grounds for disciplinary action with the CSLB. See B&PC 7090.
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Jun 29, 2021
Thanks I thought that might be the case. Where is your office located
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