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CAN I LIEN A PROPERTY FOR NON PAYMENT AS A INDAPENDANT CONTRACTOER?

CaliforniaLien on Funds

IM A INDAPENDANT WORKER CONTRACTOR DOING A JOB JUST LABOR , MY LICESNE IS NON ACTIVE , CAN

3 replies

Feb 1, 2023

Not in California. You need to be actively licensed to file a Mechanics Lien. 

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Feb 2, 2023
Based on the limited information you provided, I think you are going to have an uphill battle. California law is harsh to unlicensed contractors. It is illegal for an unlicensed contractor to perform work on a construction project for more than $500.00.
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Feb 2, 2023

You can’t legally file a lien if you’re unlicensed and the work requires a contractor’s license, and the work is over $500. Another roadblock would be if you were working for the general contractor and not the owner. If you were working for the GC you would have been required to have served a timely Preliminary Notice on the owner and the GC to have lien rights. You can do work without a contractor’s license if the total value of the labor AND materials is under $500, which is a very small amount. Even without lien rights you can sue the person who hired you for breach of contract to get your money but your lack of a contractor’s license will be a problem here. California law says that an unlicensed contractor can’t sue to recover money owed for work which requires a contractor’s license, and in fact, you’re liable to refund any money you were paid for the work. I’m happy to answer any questions you have about this.

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