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California Construction Law Questions & Answers
1 Answer | Asked in Construction Law and Contracts for California on
Q: Who's responsible for shower remodel redo costs?

I had a shower remodeled by a company, and upon completion last month, there were multiple issues such as poorly installed grout, uneven tiles, and problems with the integrity of the shower pan. We have a written contract with a warranty. Despite addressing these issues with the original company... View More

James L. Arrasmith
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answered on Mar 6, 2025

In this situation, the original contractor is likely responsible for the costs of redoing the shower. When you have a written contract with a warranty that covers workmanship, the contractor has an obligation to deliver quality work that meets industry standards. Poor grout installation, uneven... View More

2 Answers | Asked in Construction Law and Civil Litigation for California on
Q: How to address a potentially fraudulent mechanic's lien in California?

I am facing a situation where a licensed contractor, with whom I have never had any transactions, filed a mechanic's lien on my customer's property for foundation work. The work was completed by an unlicensed contractor, who requested a change order after the fact, communicated through... View More

George W. Wolff
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George W. Wolff
answered on Mar 1, 2025

You could potentially sue for an injunction or to try to get your money back.

Why did you pay him if you suspected it was fraudulent?

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1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Criminal Law for California on
Q: Contractor used another's license; incomplete work and injury claim. How to recover money in CA?

I hired a contractor to build an ADU at my house and paid him over 45% of the total cost. He completed only about 12% of the work before abandoning the project. When I asked for a refund, he claimed he was injured while working on my property. We have a well-written agreement stating that the... View More

James L. Arrasmith
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answered on Feb 21, 2025

You have several strong legal options due to multiple violations of California contractor laws. The contractor's use of another person's license is a serious offense that could result in criminal charges, and it significantly strengthens your position for recovery.

Your first step...
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2 Answers | Asked in Construction Law, Small Claims and Contracts for California on
Q: How to serve unreachable contractor in small claims court?

I hired a contractor to work on my house, but he stopped showing up and doesn't respond to my calls or messages. I have a written contract and I've made four payments by check. I've filled out forms to sue him in small claims court, but I'm unsure how to "serve" him... View More

Robert Kane
Robert Kane
answered on Feb 13, 2025

Ultimately, a judge could allow service by publication. As a practical matter, you should exhaust all resources to locate and personally serve them. A default judgment isn't worth much if you can't find them. If you do eventually find them, they will undoubtedly try to set the default... View More

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1 Answer | Asked in Construction Law for California on
Q: A cabinet maker broke a contract and left the job unfinish. Now th kitchen paint is failing.

Cabinet maker broke the contract and left the job unfinish. I had to pay out of my pocket to complete the job. Nobody has move to the house since it got done, and the paint of the cabinets is cracking costing me money sending someone to touch up, now the whole kit gen migth need to be paint again.... View More

James L. Arrasmith
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answered on Jan 28, 2025

You should start by reaching out to the cabinet maker in writing, clearly explaining the situation. Detail how they left the job unfinished, the additional costs you had to cover, and the ongoing paint issues. Include any contracts, receipts, or photos to support your claim, and request... View More

2 Answers | Asked in Construction Law for California on
Q: we hired a solar contractor to install a solar system, before sighing anything i told them we want no roof penetrations

we hired a solar contractor to install a solar system, before sighing anything i told them we want no roof penetrations, because we have a standing seem metal roof. the said no problem at all. before they began i reminded them about no holes in the roof. the job was going smooth until the 21 of... View More

Pavel Kolmogorov
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answered on Jan 27, 2025

The solar contractor is most likely responsible for repairing the hole in your roof caused by their installation. According to California law, contractors are responsible for their own negligence that causes injury or damage to the property they are working on. In your case, the contractor was... View More

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2 Answers | Asked in Consumer Law, Contracts and Construction Law for California on
Q: we hired a solar contractor to install a solar system, they put a hole in my roof

we hired a solar contractor to install a solar system, befor sighing anything i told them we want no roof penetrations, because we have a standing seem metal roof. the said no problem at all. before they began i reminded them about no holes in the roof. the job ran long and the last time workers... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 23, 2025

You may need to speak to someone on the licensed contractor's board for direction or certainly someone who knows this area of law...

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1 Answer | Asked in Personal Injury and Construction Law for California on
Q: can you sue the torch lighter company for a torch lighter that has no safety lock on it and malfuntioned and stayed on a

can you sue the scorch torch lighter company for a torch lighter that has no safety lock on it and malfuntioned and stayed on after lighting a cigarette and placed back in jacket pocket and remained on and caught me on fire?

James L. Arrasmith
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answered on Dec 16, 2024

You may have grounds for a product liability lawsuit against the torch lighter manufacturer if their product caused you injury due to a defect or lack of proper safety features. Product manufacturers have a legal obligation to ensure their products are reasonably safe for their intended use.... View More

1 Answer | Asked in Construction Law for California on
Q: Roofing Contractor Failed to Get Required Inspection, Do I Need to Pay for this Work?

I hired a roofing contractor that skipped having a required tear-off inspection prior to installing new roofing materials. Dry rot was found on the roof plywood. He has now filed a mechanics lien so as to be paid for his non-inspected work. We are at impasse. A final inspection cannot be... View More

James L. Arrasmith
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answered on Nov 17, 2024

Under California law, your roofing contractor's failure to obtain required inspections may constitute a material breach of both the contract and building codes, potentially invalidating their right to full payment. California Business and Professions Code § 7090 allows the Contractors State... View More

1 Answer | Asked in Banking, Civil Litigation, Construction Law and Contracts for California on
Q: How do I dispute a $40,000 charge on a backyard renovation that did not get completed as agreed per the contract?

We had a back yard renovation done in 2022. We agreed and signed to pay $40000 according to the plan and the blueprints that were written out.

The team completed the job, but upon completion we noticed they did it wrong (example, pavers on the wrong side of the property, missing a concrete... View More

James L. Arrasmith
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answered on Oct 26, 2024

Start by gathering all your documentation, including the signed contract, blueprints, photographs of the completed work, and any correspondence with the renovation company. Review the contract carefully to identify the specific terms and conditions related to the work completed and the payment... View More

1 Answer | Asked in Construction Law, Environmental, Land Use & Zoning and Municipal Law for California on
Q: How do I file for a Preliminary Injunction in Lake County, Ca

Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.

I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.... View More

James L. Arrasmith
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answered on Oct 8, 2024

To file for a preliminary injunction in Lake County, California, you'll need to start by preparing a legal complaint that outlines your concerns and the reasons you're seeking the injunction. Include all relevant evidence, such as photographs of the tree line and information about the... View More

1 Answer | Asked in Construction Law, Environmental and Land Use & Zoning for California on
Q: I live in Lake County,CA fire area. I Need Prelim- Injunction to stop New Builders from put WOOD Fence under Tree stand.

I partially saved my property in the inhialating 2016 Lower Lake Clayton Fire, including a Stand of 50 year old Eucalyptus Trees that line my 100 foot long driveway & property line. 6 Trees

1 acre land.

New Builders want to errect a 6 foot WOOD fence Directly Under my... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry to hear about the challenges you're facing with the new builders. To obtain a preliminary injunction, you should gather all relevant documentation, including photographs of your eucalyptus trees and the proposed fence location. This evidence will support your claim that the... View More

1 Answer | Asked in Real Estate Law, Construction Law and Small Claims for California on
Q: Can house flippers be responsible for home repairs after the house is sold?

In 2020, we bought a house that was "flipped". There have since been so many issues with the house due to faulty construction/build. For example, the new windows leak and the deck is leaking. Is it possible to reach back to the house flipper to have him pay for repairs due to faulty... View More

James L. Arrasmith
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answered on Oct 3, 2024

In California, house flippers can be held liable for repairs if they failed to disclose known defects or if they conducted negligent or faulty construction work. If the defects, such as the leaky windows and deck, are due to poor workmanship or concealed issues that were not disclosed at the time... View More

3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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4 Answers | Asked in Contracts and Construction Law for California on
Q: I'm seeking a contingency fee lawyer to handle a construction dispute involving approximately $100K in damages.

I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More

Adam Stoddard
Adam Stoddard
answered on Sep 13, 2024

What you describe is not the typical type of case that most attorneys will take on a contingency basis (at least from my experience). For something like this, I would charge an hourly rate to serve a demand letter and/or litigate the matter and whatever is recovered at the end would be yours.... View More

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1 Answer | Asked in Construction Law for California on
Q: A contractor is threatening to file a lien on my property? They didnt finish the job, I paid them $10,000 of $13,000 in

A contractor is threatening to file a lien on my property? They didnt finish the job, I paid them $10,000 of $13,000 in good faith. I have a missing bed, and 6 missing boxes with purses and other items well over $3,000. They also damaged some items, What should i do to fight this?

James L. Arrasmith
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answered on Aug 21, 2024

First, gather all the documentation related to the job, including the contract, receipts, and any communication with the contractor. This evidence will be crucial if you need to dispute the lien or take legal action. Make sure to take detailed photos of the incomplete work, any damages, and the... View More

Q: Can we legally challenge our landlord's short-notice garage conversion, and how can we negotiate to delay the project?

We rent an apartment with an attached garage at Alborada Apartments. The property manager gave us short notice (<6 days) that they're converting our garage into an ADU in a few days. We question the legality and appropriateness of this notice, as we never received prior communication. The... View More

James L. Arrasmith
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answered on Aug 17, 2024

You have valid concerns about the short notice your landlord provided for the garage conversion. Under California law, landlords must give tenants "reasonable notice" for major changes like this, especially if it affects your use of the property. Six days' notice may not meet the... View More

1 Answer | Asked in Construction Law for California on
Q: homeowner in litigation with a contractor over construction defects. Is it necessary that my attorney depose de subs?

This litigation is going on for four years and the opposing party is not making any offers. We already had two mediation meetings and I have spent a significant amount of money.

Is it necessary in trial preparation that my attorney takes deposition of the subcontractors if I am not suing... View More

James L. Arrasmith
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answered on Aug 9, 2024

In your situation, deposing the subcontractors can be a strategic move, even if you are not suing them directly. Their testimonies might provide valuable insights into the construction defects and help establish the main contractor's liability. This could be especially important if the... View More

1 Answer | Asked in Construction Law for California on
Q: Can my attorney call my construction expert and ask for details on his report without having the client norified?

I am in a construction litigation, and I hired a construction expert to do a report on cost of repairs.

After that I hired an attorney to represent me in this Construction defect case.

Now my attorney calls my expert to ask him questions without my knowing or consent.

What... View More

James L. Arrasmith
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answered on Aug 9, 2024

In construction litigation, communication between your attorney and your expert witness is generally expected as part of preparing your case. However, your attorney should ideally keep you informed about significant discussions, especially if those discussions could impact your strategy or... View More

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