Newbury Park, CA asked in Contracts for California

Q: The contractor with whom we concluded the contract did not pay the workers. Can they put the lien against our home?

Most of the work was done disgustingly, with a lot of obvious flaws, and we demanded to redo everything.We have already paid the contractor 70% and demanded to fix all the problems before he receives the rest of the amount.After that, he disappeared, did not answer my calls and emails.

I called an independent inspector to evaluate how much it costs to fix all the errors. He estimated it at the amount that we had already paid to the contractor.Then 2 more contractors gave me almost the same assessment to fix all the problems.We maid the claim to the License Board and to the insurance company that keeps his bond.

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1 Lawyer Answer
Donald M Barker
Donald M Barker
Answered
  • Costa Mesa, CA
  • Licensed in California

A: Only licensed Contractors/Sub-Contractors can lien real property for services/materials provided on a private work. PLUS: Any licensed contractor/sub who did not have a direct contractual relationship with you had to have provided a timely "20 Day Preliminary Notice" to you/homeowner in order to have any lien rights against the property.

Unlicensed Contractors and Subs have no collection rights, under any legal theory, on any work that requires a Contractor's License.

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