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California Construction Law Questions & Answers
1 Answer | Asked in Construction Law for California on
Q: Hello I hire some one to do some work on my house I didn’t sign a contract

I hire him whit out of contract I paid him everything now he is gone he didn’t finish he left everything half way done

James L. Arrasmith
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answered on Mar 13, 2023

I'm sorry to hear that you are experiencing problems with a contractor you hired to do work on your house. While it is possible to hire a contractor without a contract, having a written agreement in place can help protect your interests and provide a clear understanding of the work to be done,... Read more »

2 Answers | Asked in Contracts and Construction Law for California on
Q: Do I have a case and if so what type of case do I have?

During and ever since the completion of pool construction I have encountered many problems. In less than a month I started encountering filter problems. About 6months in the plaster started cracking, the filter has constantly been going out and needing to be repaired. Also the filter and pump are... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Mar 10, 2023

Well, the first task is to review the construction contract ... and then to review any images or communications of the work-in-progress ... and then to determine the current state of the pool and adjacent area ... so, you will want to schedule a free initial video call with at least two attorneys... Read more »

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2 Answers | Asked in Construction Law and Business Law for California on
Q: If you buy a construction company in California do you get their license as well?

If you buy a construction company in California do you get their license and does the owner that holds the license need to stay on board? If the license holder, quits, is fired or for any other reason leaves the company would the license stay with the new owner?

Thank you!

Adam Stoddard
Adam Stoddard
answered on Mar 9, 2023

A company cannot get a contractor's license, at least to my knowledge. An individual can obtain a contractor's license, then setup a company (sole proprietorship, LLC, corporation, etc.) and then that company can contract under that individuals license. Thus, if you were to buy a... Read more »

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2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for California on
Q: What legal action can I take if a property management company neglects to enforce on violations stated by the HOA?

I have made complaints about a tenant that has violated HOA policy where wooden floors are not allowed to be installed on the 2nd floor unless approved. And bikes being left out in a carport, where it shouldn't be. Our property management company has failed to enforce or address this issue... Read more »

James L. Arrasmith
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answered on Mar 8, 2023

If your property management company is neglecting to enforce HOA rules and regulations, you may have legal options to address the situation.

Here are some steps you can take:

Review your HOA bylaws: Review your HOA bylaws to determine the steps that must be taken to enforce the...
Read more »

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1 Answer | Asked in Contracts and Construction Law for California on
Q: Asked befor how find out re violations CSLB letter.i filed complaint.im not contractor.cslb said they won't tell me.

Several complaints,,1 form.don to get know which were violations.

James L. Arrasmith
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answered on Feb 21, 2023

If the CSLB (Contractors State License Board) has informed you that they cannot share information about the complaints or violations you filed as a non-contractor, there may be limited options for you to obtain the specific details about the violations.

One option you may consider is to...
Read more »

2 Answers | Asked in Construction Law and Business Law for California on
Q: Hi, we have had an LLC B-lic construction company for 16 years, we gave RMO 2 years ago, and he got a CSLB complaint.

The RMO tried to get a settlement with the customer many times, but he refused, and now CSLB has started its investigation.

1. How does it Affect me?

2. will it show on CSLB on my license?

3. What are your recommendations?

Thank you!

Adam Stoddard
Adam Stoddard
answered on Feb 16, 2023

I believe the CSLB will perform an investigation; however, if there are no violations found, they likely will take no action. If there are violations found, the CSLB could suspend your license, revoke the license, make you pay a fine/penalty, public letter of reprimand, etc. I do not believe the... Read more »

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2 Answers | Asked in Construction Law and Contracts for California on
Q: We signed a solar contact in August 2022 and per our contract our completion date was 11/21/2022. we still have no solar

We have panels install but not connected to SCE yet. It has been a horrible experience and we now have water damage to our living room wall where they left a hole in our stucco when they installed a new electrical panel.

Adam Stoddard
Adam Stoddard
answered on Feb 8, 2023

It sounds like this has been a terrible experience to say the least. You may have a breach of contract case as well as a cause of action for negligence. You should consult a lawyer to review the contract. Is the solar company refusing to repair the damage to the living room wall? If they opened up... Read more »

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2 Answers | Asked in Construction Law and Employment Law for California on
Q: After how many consecutive days of no work, can you determine a contractor has abandoned the job?

California contractor walked out of job claiming he needed payment, and has not returned for 60 days. Job approximately 90% complete and payment of 80% made. However, many errors on project (ie. contractor painted schluter as wrong color installed, 4" vs 6" backsplashed installed,... Read more »

Adam Stoddard
Adam Stoddard
answered on Feb 2, 2023

You may want to get an attorney involved. Often times I have found that simply having an attorney send a demand letter to the contractor, that motivates the contractor to complete the project in a timely manner. I am representing two homeowners right now with a similar set of facts. As soon as I... Read more »

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1 Answer | Asked in Civil Litigation, Construction Law and Contracts for California on
Q: We sign our solar contract in August 2022 to buy our panels. The contact states that the work would be completed by

11/17/22. As of today 1/31/23 we have no solar. The panels have been installed but no final inspection and just excuse after excuse to get the job done. The also replaced our electrical panel and left an opening in the stucco for 3 weeks and rain got into the wall and now the living room wall is... Read more »

James L. Arrasmith
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answered on Feb 20, 2023

If the solar company has breached its contract by failing to complete the work by the agreed-upon deadline and by causing damage to your property during the installation, you may have grounds to file a lawsuit to seek compensation and force the company to complete the job. It's always a good... Read more »

1 Answer | Asked in Construction Law for California on
Q: I have done construction work under contract on several jobs. Zero money has been paid. Am I responsible for the work?

I entered into contracts for repair work on a residence that was in a trust. I delayed payment for the projects until the trustor passed as a courtesy. After the trustors passing family members disputed the trust. A Judge has ruled that the Trust is not liable for payment since the contracts were... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

As a contractor, you may be liable for defects in workmanship or upkeep even if you have not been paid for the initial work. However, liability for defects may depend on the terms of the contract you entered into with the property owner. If the contract contains warranty provisions, you may be... Read more »

2 Answers | Asked in Employment Law and Construction Law for California on
Q: If people pay me to find them floor installers and to manage them the job do I need to be licensed, insured or anything?

I quote flooring installs in California, find someone to do the job (not my company or employees), charge a percentage of the job for finding a floorer to do the job and make sure the job is done right. I'm not a contractor or anything like that. I just connect homeowners with service... Read more »

James A. Greer
James A. Greer
answered on Jan 24, 2023

Dear Flooring Installation "Manager": This will not be a sugar-coated reply, and so for that I apologize; however, the conduct that you have described violates California State License Law as you are operating as a contractor without a license. "Finding someone to do the... Read more »

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1 Answer | Asked in Consumer Law, Real Estate Law and Construction Law for California on
Q: What kind of lawyer do I need to hire?

I was served a lis pendens for something my contractor told me I didn't need to pay for. The manufacturer of the solar panels served me for non-payment, but I was advised by my contractor not to worry. I want to hire someone to protect myself and my house

James A. Greer
James A. Greer
answered on Jan 17, 2023

Dear Client with recorded Lis Pendens: To answer the question "what kind of lawyer" that you need, the answer is: a construction litigation lawyer. I am concerned on your behalf when you mention that the Solar Panel supplier "served me for non-payment" - this connotes that... Read more »

1 Answer | Asked in Collections, Contracts and Construction Law for California on
Q: Can a home contractor cancel without notice, demand payment in three days, then send to collections during negotiations?

A contractor had two projects on a single dwelling home and only completed one. Attempts made to get the second done were either not answered, or appointments made only to be canceled, for four months after the first part was completed. When the issue was escalated to the contracting company... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

It sounds like there is still a possibility to negotiate a solution which will be most beneficial for both parties. If direct talks are not working, I would to the contractor that a mediation be used. If a resolution cannot be reached, each party has potential claims and only a thorough review... Read more »

2 Answers | Asked in Bankruptcy and Construction Law for California on
Q: Can an insurance still be liable to pay for damages after their client has filed for bankruptcy & license revoked?

A licensed contractor was hired to paint my house. They demolished parts, caused many expensive damages, then abandoned job. State Licensing Board investigated, agreed of damage & license was revoked. Contractor hid to not pay. I filed a claim with their insurance with 3 estimates of each... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 20, 2022

Whether the insurer is obligated to pay out on your claims depends on the terms of the insurance policy, but the bankruptcy itself should not affect that.

You need to retain an attorney if you don't have one (an attorney to proceed against the insurer can probably also deal with the...
Read more »

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1 Answer | Asked in Construction Law for California on
Q: If a roofer leaves behind materials that are then used to deface my building by someone else is the roofer responsible?
Adam Stoddard
Adam Stoddard
answered on Dec 19, 2022

Was the roofer's job complete or were the materials left behind because the job was ongoin? I do not think it would make a difference either way, as I would not think the roofer would be liable for a third-party's actions unless it was somehow foreseeable. I'm not sure why you would... Read more »

1 Answer | Asked in Construction Law and Small Claims for California on
Q: During a landscape project the home owner fired me. Are they legally required to pay for materials used so far?

This customer was a problem from the very start. Comparing my methods and approach to youtube videos and telling me I wasn't doing the installation correctly. From then on he constantly complained about every single little step of the project. Eventually Myself and my crew needed a break from... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 22, 2022

Did you have a contract with the homeowner? You are entitled to be paid for the work performed and materials delivered to the project. Given that you are only out about $3K, this would be a small claims matter.

2 Answers | Asked in Bankruptcy and Construction Law for California on
Q: If payment for a contractor entered into my chapter 7 bankruptcy, and approved. What of civil suit and mechanics lien?

They charged for work never done, and caused damage. Was preliminary notice needed? Can they force sell my home?

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 17, 2022

The mechanic's lien is a secured claim, secured against the property on which work was done. That doesnt go away just by virtue of the bankruptcy filing. You can file an adversary in the bankruptcy case though to get rid of it, if you believe it is based on fraudulent charges. Also, you want... Read more »

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1 Answer | Asked in Products Liability, Business Law, Construction Law and Small Claims for California on
Q: If a contractor leaves equipment on a property, & someone moves the equipment, causing damage to the home, who's liable?

For instance, if the contractor had left a compact tractor on the property, and over a weekend when neither the homeowner or contractor were there, someone pushed the tractor into the siding on the home, causing damage, would the contractor be liable for the damaged siding since they were the one... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 17, 2022

No, the person who moved the backhoe actually caused the damage, not the contractor who wasn't there.

1 Answer | Asked in Personal Injury, Construction Law, Landlord - Tenant and Small Claims for California on
Q: Dust got into my tenants unit from a roofer's work and now they are claiming damages of $20K+. Who's liable?

Hi, I am a landlord with a tenant who is trying to claim $20K of personal property damages after I hired a licensed/contracted roofer to do work. They are saying that the dust broke their computer and damaged some worn shoes. The roofers are trying to deny responsibility, but they did not require... Read more »

James A. Greer
James A. Greer
answered on Nov 14, 2022

Dear Landlord regarding Tenant Claim about dust intrusion: The tenant's claim is one for negligence, and goes something like this: it was reasonably foreseeable for the roofing contractor to know or reasonable should know that their construction work would result in dust intrusion and... Read more »

2 Answers | Asked in Contracts and Construction Law for California on
Q: A contractor I hired has done very poor work, keeps demanding more money and blames me for everything. What do I do?

I hired a contractor to remodel a kitchen and bathroom. He did really poor work, and refuses to fix it. When he was doing th ekitchen he found some damage to the back wall of the house. I agreed to have him fix it and the top floor of my house has dipped. I can't close a window. I have... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 14, 2022

You should review the terms of your contract. It is illegal for a contractor to request or accept money for work not yet performed or materials not delivered. If the work is as bad as you say, then you should tell the contractor that he should send you a final invoice for all of the work performed... Read more »

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