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What if I was hired by the contractor as a 1099 employee and I don't have a license or business name, can I still file?

I was hired as a 1099 employee to assist with the completion of a home remodeling and repair job. The home owner refused to pay the contractor for work that was finished because they were unsatisfied with some areas of the remodel, however did not allow contractor to return to correct the problems or issues.

1 reply

Mar 3, 2020

1099 employees are generally entitled to mechanics lien rights as laborers in California. So, if work was done but a laborer was not paid for their contributions, then that laborer will generally be entitled to file a mechanics lien. And, unlike other claimants, laborers won't need to send any preliminary notice in order to preserve their right to lien. Further, individual laborers need not be licensed in order to file a mechanics lien for general labor provided to the project. Before jumping straight to a mechanics lien, though, keep in mind that the threat of a lien claim could be enough to get paid. Sending a Notice of Intent to Lien to a property owner before proceeding with a mechanics lien can help to force payment. And, considering the potential fallout from a lien filing, most owners will want to avoid the potential for a lien claim.

California mechanics lien resources

If a lien filing does become necessary, I think you'll find these two resources very valuable: - How to File A California Mechanics Lien – Step By Step Guide To Get You Paid - California Mechanics Lien Guide and FAQs

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