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What other ways can a subcontractor sue a homeowner?

CaliforniaMechanics Lien

I live in California and currently we have found out that our Contractor has not paid the subcontractor who installed a new HVAC system on my home. The research I have found for California law shows that the subcontractor can only put a mechanics lein on my home IF he provided a preliminary notice to us, the homeowner, and the Contractor. No preliminary notice was ever provided. Can a lein be put onour home without the preliminary notice? Also, is there any other ways the Subcontractor can sue us, the homeowner when trying to go after the contractor for payment?

6 replies

Nov 1, 2019
If the sub did not do a prelim, they should not be able to successfully lien your project.  Of course, the subcontractor can always record a lien, but without a preliminary notice, will be hard-pressed to actually enforce it.  A subcontractor could also try to pursue a claim for "unjust enrichment" if you have not paid your contractor for the subcontractor's work (it sounds like you have).  You may want to explore options you might have against your contractor if they did indeed fail to pay your subcontractor --- especially if the subcontractor comes asking for payment.
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Nov 1, 2019
Thank you Christopher or your response. The Contractor has been paid in full. He is the one that is holding the funds from the subcontractor although he completed promised work in more than a timely manner. What are some of the options that we  have here in California as the homeowners can persue against the contractor in hopes of getting the subcontractor paid? Small Calims?
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Nov 1, 2019
You can file a complaint with the CSLB (License Board) and you may be able to do so online or by downloading an online form.   I do not know if it makes sense, however, to bring a legal action to compel payment by your contractor down to the contractor.   Right now, I am not sure you have any damages as no claim has been made against you by the subcontractor.  Of course, if that were to happen, then it might behoove you to take action.
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Nov 2, 2019
What if the contractor is not listed on the CSLB under the business name provided? Is there anywhere else I can check to by using his name and home address? Also, what rights do we as the homeowner and the subcontractor have in persuing legal action against him?
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Nov 2, 2019
Doing research it looks like the business name he was operating under has no record of a business license nor a contractors license. What rights do we as the homeowner have now? And what rights does the subcontractor have against him?
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Nov 2, 2019
If your contractor was truly unlicensed, you may be able to recover all of the monies you have paid your contractor under Section 7031 of the Business and Professions Code.  There are many risks of knowingly or unknowingly hiring an unlicensed contractor (see, e.g., https://www.inman.com/2015/03/11/unlicensed-contractors-are-a-hidden-risk-for-california-homeowners/) ---CN
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