Legal Question in Construction Law in California

Re: Mechanics Lien Filed? Next Step?

In California, the deck is stacked against unlicensed contractors. They can't file or enforce liens based on any contracting role. To the extent they might cast themselves are materialmen or workers, the answer might be different, but you have a generally sound and defensible position.

It is much easier to file a mechanic's lien than to enforce one, and they exprire if unenforced.

I suggest you have an initial, hopefully free, consultation with a LOCAL construction attorney. He or she can fill you in on the non-rights of unlicensed contractors. I'd say you have little to worry about and maybe you should go on the offensive.

Re: Mechanics Lien Filed? Next Step?

I agree with Bryan Whipple's assessment and I should add that you could bring an action against the unlicensed contractor to recover whatever you've already paid him. I find, however, that most unlicensed contractors have almost nothing to their name and live from paycheck to paycheck, so it might be a waste of time suing him.

Re: Mechanics Lien Filed? Next Step?

Mr. Whipple and Mr. Redenbacher are right on the money. I was curious about one thing in your question. You told us he filed a 20-day notice. That notice, by itself, is not a mechanic�s lien. It�s simply an advisement to a property owner that persons are supplying labor and materials to a work of improvement on the property. If all your contractor has done is send you the 20-day notice, he�s probably trying to intimidate you, and you should call his bluff.

If, however, he actually recorded a claim of mechanic�s lien, you�ll know soon enough; the county recorders office should send you a copy of the recorded lien. If he has recorded the claim of lien everything that my colleagues mentioned in their replies stands. You probably won�t have to get into issues such as quality of work � just the fact that he is unlicensed should suffice to get the matter thrown out of court. You might want to take a look at Business & Professions Code sec 7031. You can find it on the web at the Legislative Counsel�s web site: http://www.leginfo.ca.gov/calaw.html.

Best of luck, and feel free to contact me if you have further questions.

Now the inevitable caveat: The foregoing analysis is offered as an accommodation only, and does not constitute a legal opinion based on comprehensive review of all the facts, documents and law related to the issue. No attorney-client relationship is expressly or impliedly formed by provision of the foregoing information.