Legal Question in Construction Law in California

Re: mechanic's lien

If he is unlicensed you can even sue to get what you've paid returned.

Re: mechanic's lien

If he's under a direct contract with you (and not through a General Contractor), then no preliminary notice is required (Civil Code 3097).

A mechanics lien arises automatically by his doing work on the house (Civil Code 3110). However, he must perfect the lien by recording it with the county recorders office. Once perfected, he has 90 days to foreclose (Civil Code 3144).

If he adds to his lien claims for work not done or materials not provided, he forfeits the entire lien (Civil Code 3118).

Since he is unlicensed, he does not have standing to sue in California courts (Civil Code 7031). Thus, he cannot foreclose.

Moreover, since he has no standing to present himself in court, you can sue him for breach of contract, object when he tries to defend himself, and maybe even obtain a judgment for the amount of the breach.

If anything, the law is on your side in this matter.

Re: mechanic's lien

If the entire contract is more than $500.00, and the contractor is unlicensed, then the contractor is not entitled to come to court. Furthermore, you are entitled to a refund of all monies paid to him. Insofdar as a mechanic's lien, there is no way you can stop him from recording one against the property. However, if he does so, there are several ways to have it removed or cancelled; you need to see a construction attorney for further advice.