Legal Question in Real Estate Law in California

I hired a contractor to finish some work in CA. After he finished the work, I found out he is unlicensed. He used a licensed subcontractor and ran off without paying the subcontractor. The subcontractor now wants to sue me for the remaining balance for the work he completed more than two months ago. The licensed subcontractor did not provide me with timely notice. Can he file a valid lien and or sue me, even though I never contracted directly with him and had no notice that he wasn't paid?


Asked on 2/09/16, 2:01 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I doubt that a subcontractor can file a valid lien against you, and it is even less likely that a lawsuit would be successful. The subcontractor lacks so-called "privity of contract" with you, and his action must be brought against the guy he cut his deal with. In some limited and special circumstances, a different result would occur, but in general and barring some oddball situation, you would have good defenses against a suit or lien.

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Answered on 2/09/16, 8:04 pm


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