Get free answers to your Construction Law legal questions from lawyers in your area.
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 
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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
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
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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
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
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answered on Oct 8, 2024
To file for a preliminary injunction in Lake County, CA, you’ll need to follow several steps. First, gather all the evidence you have, including photos of the trees and the proximity of the fence to your property, as well as any communication you’ve had with the construction company. These... View More
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
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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
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
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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
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
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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
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
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.... View More
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
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
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?
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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
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
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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
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
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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
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
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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
In June 2024, Tenant (T) recorded a Mechanics Lien (ML) on rental property in escrow that the Landlord (LL) was selling. T claimed that he got improvements done in Sept 2022 and spent $12,000. T did not give a copy of any contract for work, bills, or receipts for the money he claimed. For the ML,... View More
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answered on Jul 18, 2024
To address the situation, the first step for the landlord (LL) should be to ensure all procedures related to the surety bond and mailing the notice to the tenant (T) have been correctly followed as per California Civil Code 3144.5. Keeping detailed records of these actions is crucial in case of... View More
So my vehicle's been in the private tow company tow yard since March 1st it's release but I don't have the money to pay for it to charge me $8,000 to get it released however I found the paperwork that states it was released on the 15th of March so that is 15 days in and pound instead... View More
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answered on Jul 18, 2024
It sounds like you’re in a tough spot with your vehicle being held for such a long time and the fees adding up. First, gather all your paperwork, especially the document that states your vehicle was released on March 15th. This will be crucial evidence for your case.
You can file a claim... View More
The contract between me and the contractor does not state anywhere for roofing to be put on me for HVAC installation; however, it was. I agreed to pay the roofing for the job the day of installation as they brought it up, but fast forward, the price for roofing doubled. I believe because of the... View More
answered on Jul 4, 2024
Thank you for your question!
Did you have a written contract with the company before starting the work? If yes, then you may limit the price only to the reasonable value of their performed job for the roof.
In general under unjust enrichment legal theory, at least you should pay... View More
I cannot afford to retain attorney, likely litigation, and high priced land surveyors but compensation is owed. It has been ongoing for 5+ years. They intentionally demolished the shared block wall when i was not paying attention forcing me to resign myself to them rebuilding it 2" in our... View More
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answered on Jul 3, 2024
Here are some potential options to pursue your case without retaining an expensive attorney:
1. Small Claims Court:
- For claims up to $12,500, you can file in small claims court without an attorney.
- This is a simpler, faster process designed for self-representation.... View More
I have a small repair shop. I have a job that is needing be done outside of my repair shop. The contractors license is necessary for the dollar amount. My employee is a licensed contractor but is working for me under my Workmen’s Comp.. Can I do the job under her contractors license, if she is... View More
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answered on Jun 27, 2024
1. Generally, a contractor's license is not transferable. You cannot simply "use" your employee's license for your business operations.
2. In California, the person or entity performing contracting work must hold the appropriate license. If your business is performing... View More
Tenant claims he got work done in Sept 2022 on rental property with permission from the deceased spouse of the landlord but the surviving spouse does not know about work or permission. No written contract or permission but the tenant has videos of work being done in Sept 2022.
The surviving... View More
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answered on Jun 21, 2024
This is a complex situation involving several areas of California law. Let's break down the key issues and address your questions:
1) How should the landlord handle this Claim of Mechanics Lien & proceed with sale of property?
The landlord should take this claim seriously,... View More
Thank you Mr. Arrasmith for taking the time to reply to my first question. I couldn't fit the whole story but you've solved 90% of my question. I just want to add more detail of 2 party consent. I have a security camera in my living room that records 24/7. The discussion was purely... View More
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answered on Jun 17, 2024
Based on the additional information you've provided, here are a few key points to consider:
1. Two-party consent: In California, both parties must consent to the recording of a confidential communication. However, if the conversation was purely business-related and not confidential,... View More
Got my roof installed, representative quoted me 27k and guaranteed that my roof wouldn't exceed the 15% included roof replacement. In the end, my roof was bad and he requested another 10k. Gave me a 4k discount but still was unhappy. The whole roofing project was sloppy and poor workmanship.... View More
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answered on Jun 15, 2024
Under California's two-party consent law, it is illegal to record confidential conversations without the consent of all parties involved. However, there are some exceptions to this rule, particularly when there is no reasonable expectation of privacy.
Here are a few key points to... View More
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