Home>Payment Q&As>The owner hired a sub to finish my job. Can I file a lien if I'm unlicensed in California?

The owner hired a sub to finish my job. Can I file a lien if I'm unlicensed in California?

South CarolinaMechanics Lien
Expert Icon
Anonymous contractor
May 25, 2020

I do not have a specialty contractor's license but was hired to do a $6366 job. The customer owes me over $1800 but won't pay because he says the job was not finished...it was not finished because he hired someone else to finish it! When he told me on the phone that he would find someone else to finish it, he told me to send him a final invoice for $1000 and he would pay that...he did not pay anything.

2 replies

Expert Icon
Anonymous contractor
May 25, 2020
Right before he told me that he found someone else to finish the work, I spent over $500 on flooring. Here is what the contract says regarding payment, CO's, and materials: PAYMENT FOR SERVICES. CUSTOMER will pay compensation to CONTRACTOR for the Services in the amount listed on the Estimate, including the deposit, if applicable. Final payment shall be payable in a lump sum upon completion of the Services. CHANGE ORDERS/ADDITIONAL WORK. CUSTOMER shall authorize any and all changes to the above described services prior to starting additional work. Additional materials, supplies, services, labor and other items require a Change Order with House 2 Home. Payment for Change Orders/Additional work is due upon completion of the change order work. TERM/TERMINATION. This Contract shall terminate automatically on payment of final invoice. MATERIALS AND SUPPLIES. a. Contractor shall furnish all materials and equipment necessary to perform the services described in this Contract with the exception of items which the Contractor specifically notifies and requests be supplied by the Owner. All parts, building materials and other supplies necessary to complete the services will be at the Customer's cost. All specialized equipment and tools necessary to complete the project should be provided by the Contractor’s at the Contractor’s expense. b. All materials supplied by the Customer shall remain the property of the Customer. c. Where the Contractor supplies materials and the Contract does not include the supply of the same, the Contractor shall provide invoices to show the extent of supply and the Customer is bound by this contract to reimburse the Contractor in the total stated on the invoices submitted.
0 likes
Still looking for the right answer? Ask me your question!
Expert Icon
Anonymous contractor
May 27, 2020
Without a license, your lien could be deemed frivolous pursuant to SC Code 29-5-15 and you would run the risk of owing them prevailing party attorneys' fees as well as a $5,000 fine. I suggest that you discuss the specifics of your claim with an attorney.
1 likes

Add your answer or comment

Not the answer you were looking for? Check out other Mechanics Lien topics or ask your own question

Get free legal advice

Get free legal advice from Construction Attorneys in your state. Questions are anonymous and answered within a day or two
Related Topics