Cansubcontractor file a mechanics lien on our condo if a contractor hired him to do work in it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Cansubcontractor file a mechanics lien on our condo if a contractor hired him to do work in it?
We hired an unlicensed contractor to remodel our condominium. Our contract with him stated that he was responsible for the granite installation. He subcontracted the installation to a granite installer. Now the unlicensed contractor is refusing to pay the installer. If installer puts a lien on our condominium are we responsible for paying the subcontractor even though we never had any type of contract with the subcontractor?
Asked on May 7, 2011 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First what you need to do is to check the laws in California on notice etc., by a subcontractor for a mechanics lien. Make yourself aware so that you can spot anything improper. Now, generally speaking a subcontractor can file a mechanics lien on the property if the contractor did not pay him or her for work done at the premises. Your remedy is to sue the contractor. The fact that he is not licensed really goes to the phrase that we all like to hear: licensed and bonded. Bonded meaning insured and the operative word here. Easier to go against him. The good thing here is that the sub can not probably foreclose the lien under state law so check that too. Now, you are going to have to decide about the lawsuit. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.