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The HVAC policy I was given explicitly states a "90-day APPLES TO APPLES WARRANTY (if you find a cheaper price after our system is installed, we will match it and pay $200 for the inconvenience)." After having the new AC unit installed by their team, I found a lower price with another... View More 
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answered on Jul 22, 2024
You may have a case if the competitor's quote truly matches the warranty, labor, and parts specified in the HVAC company's policy. The key issue here is whether the "apples-to-apples" clause includes or excludes ancillary terms such as providing a hotel during installation. If... 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
The restoration company led us to believe that our insurance policy included coverage for damages. We called our insurance co and a plumber when we noted the leak. Insurance co. was there within hrs. and asked to see insurance policy. He began quoting dollar figures that we would be compensated... View More
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answered on Jul 1, 2024
This is a complex situation that involves multiple areas of law, including insurance, contract, and potentially elder law. Here's a breakdown of the key issues and some potential steps you might consider:
1. Insurance Claim Denial:
- Review your insurance policy carefully to... 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
For our 300sqft addition, our contractor graded the existing property 3 feet below the existing soil level, exposing the foundation of the existing perimeter structures. We failed final inspection on 9 items (8 were uncompleted scope items, and one was that this exposed existing structure... View More
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answered on Jun 3, 2024
Under California law, a contractor is generally not entitled to final payment until the contracted work is completed to the agreed-upon standards and has passed all required inspections. Since your project failed final inspection on multiple items, including the safety hazard caused by... View More
No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More
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answered on May 31, 2024
In a Trial De Novo for a small claims appeal in the Superior Court of California, you need to present your defense and supporting documents clearly and concisely. Start by organizing all relevant documents, including receipts for the $2,000 payment, proof of purchase for supplies, and any... View More
I paid a construction company to build an ADU via lenders and I can't get an answer from them on any updates. I want to get my money back.
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answered on May 31, 2024
Under California law, if you paid a construction company to build an ADU (Accessory Dwelling Unit) and they are unresponsive about updates, there are steps you can take to seek a resolution. First, review your contract to understand the terms and conditions, including any clauses about project... View More
There are numerous text messages back and forth between the Plaintiff and the Defendant.
1) How to print and present all the text messages from cell phones as evidence in court for Trial De Novo - Small Claims Appeal? To take a photo of each text message and print that photo seems very... View More
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answered on May 28, 2024
Here are some tips for preparing and presenting text messages as evidence in court:
1. Authenticate the messages. You'll need to prove the messages are authentic, not altered or fabricated. Options include having the other party admit the messages are authentic, having a witness who... View More
Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More
answered on May 21, 2024
The general rule in CA in a number of places/ways is simply, you did not get what you paid for and you are entitled to a full refund. Sounds like they will NOT give it voluntarily. Their position seeking payment in full is not based on any law I've ever heard of. Regardless, their position... View More
My house was caught on fire back in February 2022. During the time we were displaced and were renting a home paid for by my home insurance, our contractor stated that they hadn't begun work yet pending permit approval etc. In April 2023 when my insurance displacement funding ran out,... View More
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answered on May 15, 2024
Under California law, you have several options to address unsatisfactory repair work by a contractor:
1. Contact the contractor: First, try to resolve the issue directly with the contractor. Provide a detailed list of the problems and request that they fix the issues under warranty. Keep... View More
A friend let a used car dealership sell his car. The dealership fraudulently got the title from bank without paying off loan. That left my friend still owing the money to the bank in spite of the car being sold. My friend had an attorney and got an agreed settlement amount that the dealership... View More
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answered on May 2, 2024
I'm sorry to hear about your friend's difficult situation with the fraudulent dealership. This is a complex legal matter, but there may still be some options available for your friend to explore:
1. File a complaint with the California Department of Motor Vehicles (DMV): The DMV... View More
On SC-100 form, Plaintiff (P) (on behalf of his corp) under the penalty of perjury stated that Defendant (D) signed a contract for $9,200. In reality, D was never given any contract before the start of work and had never signed any contract. P had done some work on the property of D without the... View More
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answered on Apr 27, 2024
In this case, the Defendant (D) has several potential arguments to appeal the Small Claims court decision and have the case dismissed:
1. No valid contract: D can argue that there was no valid, enforceable contract between the parties since no contract was signed by either party. Without a... View More
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answered on Apr 25, 2024
Under California law, a subcontractor who has not been paid for work performed has several options to seek payment from the contractor. Here are some of the main options:
1. Mechanic's Lien: A subcontractor can file a mechanic's lien against the property where the work was... View More
We are an S-Corp Contractor in California. We are a 3rd tier sub and we filed a mechanics lien because our customer has not paid us the full amount due. This is a private job, but we discovered during filing the lien that the property is owned by a County and leased to who we were told was the... View More
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answered on Apr 23, 2024
Under California law, you may have some recourse even though the property is owned by the county. Here are a few potential options:
1. Stop Payment Notice: In California, if you are not paid on a construction project, you can serve a stop payment notice on the owner, even if the owner is a... View More
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