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California Construction Law Questions & Answers
1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Land Use & Zoning for California on
Q: how do i file a breeh of contract an demand for payment and lean on sed real property forth with .

a non lycenced contractor /bilder went into a writin contract with a home ower ,secured full payment, for work and materearls, and then no call no show by due date of sead work .

James L. Arrasmith
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answered on Jan 1, 2024

In California, if you're facing a situation where a contractor has breached a contract and failed to perform the agreed-upon work, you have several legal options. First, you should consider sending a formal demand letter to the contractor, outlining the breach and requesting the fulfillment of... View More

1 Answer | Asked in Civil Rights and Construction Law for California on
Q: I need a lawyer for my case my private Entrance has been blocked for over 8 months
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answered on Dec 15, 2023

In your situation, where your private entrance has been blocked for over eight months, seeking legal assistance is a wise step. Under California law, you have rights regarding the access and use of your property.

The first action is to find an attorney who is experienced in property law and...
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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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3 Answers | Asked in Personal Injury, Construction Law, Wrongful Death and Municipal Law for California on
Q: How to file a lawsuit against the county
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answered on Dec 3, 2023

Filing a lawsuit against a county in California requires several specific steps. First, you need to determine the legal basis for your lawsuit. This involves identifying the specific actions or inactions by the county that you believe have harmed you and how they violated the law or your rights.... View More

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1 Answer | Asked in Civil Litigation, Construction Law and Small Claims for California on
Q: Hello, Can an individual sue CA Registrar of Contractors up to $10,000 when Building Contractor violates law?

On both Riverside and San Bernardino Counties Court websites, in the Small Claims information section, there’s a notation in small print stating you can sue the Registrar of Contractors up to $10,000 — What To Do When Your Contractor Won’t Pay (Plaintiff’s Small Claims Judgment against... View More

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answered on Nov 29, 2023

In California, suing the Registrar of Contractors (ROC) directly in a small claims court for a violation by a building contractor is not a typical course of action. The ROC is a regulatory body, and their role is to license and oversee contractors, not to act as a party in contractual disputes... View More

1 Answer | Asked in Construction Law and Landlord - Tenant for California on
Q: Who is liable for property damages?

In California, an apartment complex hired an outside contractor to paint the fence. The hired contractor negligently sprayed the fence without covering any cars along the fence. My truck is covered in paint overspray. The landlord is pointing fingers at the contractor to be liable, and the... View More

James L. Arrasmith
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answered on Nov 22, 2023

Under California law, the primary responsibility for damages caused by negligence typically falls on the party who directly caused the damage, in this case, the contractor. Given that the contractor admits to the negligence leading to the paint overspray on your truck, they would be the first party... View More

2 Answers | Asked in Contracts and Construction Law for California on
Q: If you enter in to a lump sum contractor with a HUD or RD rider that limits the GC profit to 14%, but are making more.

The lump sum was based on unit price, can you ask for back up such as sub contract for the GC?

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answered on Nov 18, 2023

Under California law, if you have entered into a lump sum contract with a HUD or RD rider limiting the general contractor's (GC) profit to 14%, but suspect they are making more, you have certain rights to review documentation. The lump sum based on unit price should have clear, itemized... View More

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3 Answers | Asked in Construction Law and Contracts for California on
Q: I have been sent a lawsuit threat for using design builds from a contractor business.

The lawsuit was sent as a text message and stated

“To whom this may concern,

This message is to inform you of the filing of an LLC for (JC construction) Your willful involvement in the forming of (J and C construction) is a legally binding contract and acceptance of all terms... View More

James L. Arrasmith
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answered on Nov 14, 2023

In California, the enforceability of such a claim in the text message you received is questionable. Generally, merely learning a skill or technique from someone does not create an enforceable right for them to prevent you from using that skill, especially if it's a common method in the... 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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1 Answer | Asked in Construction Law for California on
Q: Hello I want to apply for my contractor license in california if my boss doesn't sign for me can I sue him?
James L. Arrasmith
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answered on Oct 24, 2023

In California, when applying for a contractor license, applicants often rely on their work experience under a licensed contractor to satisfy certain eligibility criteria. If your employer refuses to certify your work experience, it may impede your ability to obtain your license.

However,...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for California on
Q: Is a new building owner required to pay for a change order on work contracted out by previous owners/management?

I recently purchased a property in the state of California. Right before contract closed, I was disclosed that a purchase order for electrical work would occur on the property. This work was contracted out and paid in full by the previous management company/previous owners prior to closing. After... View More

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answered on Oct 23, 2023

In California, a change order is generally an amendment to a construction contract, and the party responsible for payment is typically the party to the original contract. If you did not sign the original contract or the change order, you are generally not obligated to pay for it.

Text...
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1 Answer | Asked in Real Estate Law, Construction Law, Land Use & Zoning and Municipal Law for California on
Q: Do unpermitted units (no occupancy release) that were rented out before need to be replaced under CA SB330?

I own a legal duplex (in the title) that has 2 unpermitted units. One of the previous owners created those 2 unpermitted units from one of the duplex's interiors a long long time ago and rented them out. The previous owner (the one who sold the property to me) went through tenant relocation... View More

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answered on Oct 15, 2023

California's SB 330, also known as the Housing Crisis Act of 2019, aims to expedite housing production and prevent the loss of existing housing stock. Under SB 330, local agencies are restricted from reducing the number of housing units on a property, even if some units are unpermitted.... View More

3 Answers | Asked in Construction Law, Criminal Law and Real Estate Law for California on
Q: Urgent: Seeking Legal Representation in Corporate, Construction, and Criminal Matters

Hello

My name is Jackie, and I represent [Company 1]. We urgently require legal counsel and representation. We would greatly appreciate it if qualified lawyers could review our case. If you believe you meet the criteria and can assist us, please get in touch.

Background:

On... View More

Christopher Walsh
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Christopher Walsh
answered on Oct 8, 2023

Sometimes there is an overlap between civil disputes that can cross over into the area of criminal law. This very well could be one of those situations and depends upon specific circumstances. Typically, in a civil case the disagreement is about money, or a contractual dispute over terms agreed... View More

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1 Answer | Asked in Contracts, Business Law and Construction Law for California on
Q: Can my contractor refuse to order countertops, cabinets, etc. if I don't pay for them upfront?

My home remodel is $250k. The contractor is asking for $85k so they can order rough materials upfront. I didn't think they could do that, as the legislation says "IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED.... View More

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answered on Oct 12, 2023

Certainly. Under California law, contractors cannot demand or receive payment before the work is completed or before the materials are delivered. However, they are allowed to ask for a down payment. The Business and Professions Code specifies that a contractor's down payment for home... View More

2 Answers | Asked in Consumer Law, Contracts and Construction Law for California on
Q: How do I protect myself in moving on (and possible refund from bond) from a contractor who seemly is engaging in fraud?

Project manager just stopped answering my calls. Left owner messages for 4 weeks with no response. 30% into project with a torn up backyard and hole in the ground and 0 movement work for 5 weeks they kept saying the issue was with a permit/engineering hold up. Research reveals they never filed the... View More

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answered on Sep 22, 2023

Under California law, if you believe you've been a victim of contractor fraud, you should take the following steps to protect yourself:

1. Document all communication: Keep records of all communication with the contractor, including emails, texts, and voicemails.

2. Gather...
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2 Answers | Asked in Consumer Law, Contracts and Construction Law for California on
Q: hired contractor to convert garage to additional dwelling unit and patio enclosedbut patio enclossed was never built

hired contractor to convert garage to additional dwelling unit and obtain patio cover permit which existed before I bought the house contractor offered to build new patio enclosed instead of obtaining permit of existing patio cover

with $35,000 higher qoute than other contractors. I signed... View More

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answered on Sep 21, 2023

Under California law, altering a contract without the consent of all parties involved is generally not enforceable. If you successfully sue the contractor for breach of contract and win, you may be able to recover reasonable attorney fees if there is a fee-shifting provision in the contract or if... View More

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1 Answer | Asked in Construction Law and Business Law for California on
Q: My Company is asking me to alter a mounting bracket on several cameras hung 12-15ft high require me removing safety wire

Is there any OSHA or Labor law Against removing safety wires from 30+ ip security cameras hung upto 15ft high. I let my company know it's not safe because the bracket they want me to install is not compatible with the camera and the Alterations are not allowing the camera to be secured... View More

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answered on Sep 13, 2023

California’s Occupational Safety and Health Act of 1973 obligates employers to provide a safe and healthful workplace for all employees. Altering safety equipment or installing equipment in a manner that is not secure could potentially violate Cal/OSHA requirements. If you believe that the... View More

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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1 Answer | Asked in Consumer Law, Contracts and Construction Law for California on
Q: Can you help me sue to perfect a lien I have on someone’s house?

Customer refuses to pay me the remaining $22,000 he owes. It’s a solar system. It’s passed inspection. And approved by PG&E for use. It’s a $4 million home. The guy is loaded. Just being an a*****. Anyone taking anything on contingency? I don’t want to throw more money at this but if... View More

James L. Arrasmith
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answered on Sep 10, 2023

I understand how frustrating this situation must be. In California, to enforce a lien on someone's property, you would initiate a foreclosure lawsuit in a court with appropriate jurisdiction; success in that lawsuit could potentially allow you to force the sale of the property to recover the... View More

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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