I hired a company to paint my house. they subcontracted out the job but didn't mention it would be done by a subcontractor. I paid for the work. A lien was placed on my house, because subcontractor didn't pay bill to the scaffolding company. What are my options to resolve this? I can't locate the contractor license information for the subcontractor, who uses his home address for his business.
In California, a subcontractor and all suppliers including the scaffolding company are required to send a 20 day pre-lien notice to the Owner (and the GC and any lender if there is one). If you are the owner, and did not get a 20 day from the sub or the scaffolding co supplier, then that sub/supplier’s lien is invalid.
Anyone recording a lien has 90 days to file a lawsuit on it or their statute of limitations runs on it and once that deadline passes, they cannot collect on the lien and the lien becomes void. You still have to get it off the record, unless you can convince them to. there is a demand
Actively removing recorded lines is a technical process that is pretty involved, and it is sometimes just easier to let the 90 days statute of limitations to file a complaint to sue on the lien expire and when it does, use that to get the line expunged.
Or you can write letter to the subcontractor/ suppler and tell them that there ws no 20 day and that they need to release it or you will and seek fees if you have to.
You can and also should write to the contractor you paid/hired and demand THEY pay. If you contract with them was in writing it may tell you if they have an alternative dispute resolution process and if you can recover your attys fees if you incur any, which is also something you should mention if the contract provides for it.
IF the contractor did not give you a written contract, you might consider doing a CSLB complain vs them as BP 71549 requires one.