Cansubcontractor file a mechanics lien on our condo if a contractor hired him to do work in it?

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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 9 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.


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