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Questions Answered by Treg A. Julander
3 Answers | Asked in Construction Law and Contracts for California on
Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices.

She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement.

Treg A. Julander
Treg A. Julander
answered on Dec 11, 2023

You could first send a demand letter on attorney letterhead to see if that provokes her to make the past-due payments. If that doesn't work, you could file a lawsuit for breach of contract. If your work contributed to a work of improvement, you may be entitled to record a mechanics lien... View More

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2 Answers | Asked in Consumer Law, Construction Law and Contracts for California on
Q: Remodel project gone wrong - what to do next?

I have Bathroom remodel project x 2 that was to take one month (verbal) that is now into 4th month with no sign of completion due to day after day, and now weeks of no-shows, with a lack of communication. One bathroom completed with a few issues that still need to be addressed, and the other... View More

Treg A. Julander
Treg A. Julander
answered on Nov 2, 2023

If the contractor is licensed, you should be able to make a claim against his license bond. You can also file a complaint with the Contractors State License Board. If the complaint is well founded the CSLB can order the contractor to pay for your damages at the risk of suspension of his license. If... View More

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2 Answers | Asked in Construction Law for California on
Q: Not sure what Lien type to file, please help. 1. Claim of Lien (Mechanics Lien), 2. Notice of Payment Bond Claim private

The contract for the General Contractor (that we are subcontracted with on a public works project) in California has been terminated by the Owner. We have been gathering documents for the Surety company so we can get paid for the balance that is due to us. One thing that the Surety mentions is we... View More

Treg A. Julander
Treg A. Julander
answered on Sep 11, 2023

Civil Code section 9300 requires subcontractors to give a preliminary notice to the owner and the prime contractor before the subcontractor is entitled to assert a claim against a payment bond or serve a stop payment notice. The preliminary notice gives the owner and prime contractor basic... View More

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2 Answers | Asked in Construction Law for California on
Q: What is law about notice of intent to lien California.

We sent to the Property Owner 10 days notice of Intent to Lien, but the Owner said it isn't correct procedure. Only 20 days Notice of Intent to Lien suppose to be in accordance with law in California

Treg A. Julander
Treg A. Julander
answered on Sep 5, 2023

Unless you have a direct contract with the owner, you only have lien rights if you serve on the owner a preliminary notice 20 days before furnishing the labor or materials. There is no requirement in California law that you serve a notice of intent to lien. It is a courtesy notice to tell the owner... View More

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3 Answers | Asked in Insurance Bad Faith, Consumer Law, Contracts and Construction Law for California on
Q: I hired a licensed plumber to repipe my condo. His workers set fire to my house and the damage is bad! What happens next

The actual plumber I hired was not present on the day the work was done. His workers had no one overseeing their work. They burned my entire wall down to charred 4x4s and the fire damaged my neighbors walls and attic as well. The workers left a mess of burned debris and a disaster of the house... View More

Treg A. Julander
Treg A. Julander
answered on Aug 21, 2023

If you don't get speedy and complete relief from the plumber or their insurer, you can make a claim against their license bond. If the amount left in the bond is still not enough to fully compensate you, you could file a lawsuit and seek not only the cost to repair your home but also... View More

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2 Answers | Asked in Contracts and Construction Law for California on
Q: On a time and materials contract who pays the overtime?

We have a time and materials contract. The contract does not specify any overtime rates. We also did not have a verbal conversation regarding overtime pay. The contractor has put a mechanics lien on our property because we refused to pay the overtime rate of pay. We have paid for all hours worked... View More

Treg A. Julander
Treg A. Julander
answered on Aug 18, 2023

Your liability for the overtime payments should depend primarily upon the wording of your contract. If there was no agreement to pay overtime, and no understanding that the contractor would work overtime, you should not be liable. If the project schedule permitted the contractor to complete the... View More

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2 Answers | Asked in Construction Law and Contracts for California on
Q: I signed a contract for a solar/roofing however No work was done,I never signed any loan terms. Can they lien my house?

The salesperson was threatening me to pay 25%cancellation fee even tho it’s been 6’months ago. No permits was pulled, no labor/ work was officially done. All I got was a preliminary design of where they’re gonna put the panels. Also the loan approval was never activated and it expired since... View More

Treg A. Julander
Treg A. Julander
answered on Aug 11, 2023

They may be able to record a design lien for the value of the design work. But the contractor has no right to a mechanics lien against your house if no labor or materials were furnished to the project. In particular, the contractor has no right to record a mechanics lien to cover a cancellation fee... View More

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3 Answers | Asked in Consumer Law and Construction Law for California on
Q: I hired a non-licensed contractor to build a barn. It has been more than 2 months since he came to work. What can I do?

I’ve paid him $16,000 out of $20,000 total. He kept asking for money for materials each time he came. He’s now claimed a material shortage, death of a loved one, and has stopped responding to our text messages or answering any calls.

Treg A. Julander
Treg A. Julander
answered on Aug 2, 2023

Since the contractor is not licensed, he is not entitled to any compensation for the labor and materials he furnished to your work of improvement, and you are entitled to a refund of any payments you made. The contractor may also be criminally liable. You could file a lawsuit to seek to recover the... View More

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