I received a notice to file a lien if payment is not made to a handy man who installed and illegally plumbed a bathroom causing the house to flood. Can an unlicensed contractor or handy man file a mechanics lien on a home in California?
sorry, but an unlicensed contractor cannot file a valid mechanics lien against homeowner nor can they file lawsuit to recover for breach of contract. The csll of California is very strict on unlicensed work.
Thank you! He's still threatening that he's going to file a lien. Is he able to do that and will it attach and notify my lender?.. Or is it not possible to file a lien without a judgment or some kind of documentation since he's not licensed?
He's already been paid over $4000 and come to find out he did everything illegally. We've had to hire several contractors (electrical, plumbing, flooring, drywall) to fix his work and the bathroom had to be capped off and cannot be used at all.
a lien is enforceable when contractor files a lawsuit to enforce the lawsuit and he wins on the lawsuit. A recorded lien that is not prosecuted by a lawsuit within the timeline permitted to file suit is worthless. Although you will have to bring a motion in court to get rid of the recorded lien.
Also, contractor is subject to disgorgement (the clawing back of all monies paid). It can be a long process, but it may be available to you.
you have several options available to you. it is best to contact a qualified construction attorney to assist you with your options.
Thank you!!