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California Construction Law Questions & Answers
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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1 Answer | Asked in Consumer Law, Real Estate Law, Civil Rights and Construction Law for California on
Q: An new apartment being made the alley to my private entrance was closed off to build a brick wall it's been over 4 mol

Was never given a notification from the Redevelopment Agency of Pomona of the closer because the apartments management told me there you as no private entrance permit to my property but there is a permit plus they removed my retaining wall along my fence that holds the dirt and removed driveway to... View More

James L. Arrasmith
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answered on Sep 2, 2023

Under California law, if your property has a permitted private entrance that was blocked off without notice, this could potentially be a violation of property rights and/or easements. Additionally, the removal of a retaining wall that was part of your property may also constitute a violation. Legal... View More

3 Answers | Asked in Personal Injury, Workers' Compensation and Construction Law for California on
Q: I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured

I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner?

Richard  Barkhordarian, Esq.
Richard Barkhordarian, Esq.
answered on Aug 31, 2023

You are but ONLY IF the contractor you hire does not have workers compensation insurance. If they do then no you would not be liable, the contractor you hire would be. You can go to the CA Contractor's Board and look up your contractor's license. There it will show you if he has valid... View More

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3 Answers | Asked in Insurance Bad Faith, Consumer Law, Contracts and Construction Law for California on
Q: I hired a licensed plumber to repipe my condo. His workers set fire to my house and the damage is bad! What happens next

The actual plumber I hired was not present on the day the work was done. His workers had no one overseeing their work. They burned my entire wall down to charred 4x4s and the fire damaged my neighbors walls and attic as well. The workers left a mess of burned debris and a disaster of the house... View More

Treg A. Julander
Treg A. Julander
answered on Aug 21, 2023

If you don't get speedy and complete relief from the plumber or their insurer, you can make a claim against their license bond. If the amount left in the bond is still not enough to fully compensate you, you could file a lawsuit and seek not only the cost to repair your home but also... View More

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2 Answers | Asked in Contracts and Construction Law for California on
Q: On a time and materials contract who pays the overtime?

We have a time and materials contract. The contract does not specify any overtime rates. We also did not have a verbal conversation regarding overtime pay. The contractor has put a mechanics lien on our property because we refused to pay the overtime rate of pay. We have paid for all hours worked... View More

Treg A. Julander
Treg A. Julander
answered on Aug 18, 2023

Your liability for the overtime payments should depend primarily upon the wording of your contract. If there was no agreement to pay overtime, and no understanding that the contractor would work overtime, you should not be liable. If the project schedule permitted the contractor to complete the... View More

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2 Answers | Asked in Construction Law and Contracts for California on
Q: I signed a contract for a solar/roofing however No work was done,I never signed any loan terms. Can they lien my house?

The salesperson was threatening me to pay 25%cancellation fee even tho it’s been 6’months ago. No permits was pulled, no labor/ work was officially done. All I got was a preliminary design of where they’re gonna put the panels. Also the loan approval was never activated and it expired since... View More

Treg A. Julander
Treg A. Julander
answered on Aug 11, 2023

They may be able to record a design lien for the value of the design work. But the contractor has no right to a mechanics lien against your house if no labor or materials were furnished to the project. In particular, the contractor has no right to record a mechanics lien to cover a cancellation fee... View More

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2 Answers | Asked in Construction Law and Contracts for California on
Q: Does a home builder have to provide documentation for materials purchased ? The contract is a lump sum.
James A. Greer
James A. Greer
answered on Aug 10, 2023

Inquiry Re: Lump Sum Contract: The short reply is no, a Prime Contractor under a Lump Sum Contract is not required to show ANY of their costs (material charges, labor charges, etc). If your situation was "Cost Plus" then you are entitled to see the costs in order to verify the accuracy... View More

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1 Answer | Asked in Construction Law for California on
Q: What are out lien rights when our customer moved equipment from the job address on the contract?

We had a customer move the machine we supplied from the location on the contract. This customer gave us the run around and will most likely not pay. We filed preliminary notices at the locations pinned by the GPS. Are we protected?

James L. Arrasmith
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answered on Aug 15, 2023

If the customer moved the equipment from the location specified in the contract and has not paid as agreed, your lien rights might still be protected if you properly filed preliminary notices at the locations pinned by the GPS as per California law. However, it's advisable to consult with an... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Construction Law for California on
Q: Redevelopment city of Pomona CA blocked my private entrance without giving me a notice?
James L. Arrasmith
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answered on Aug 3, 2023

If the Redevelopment City of Pomona CA blocked your private entrance without providing proper notice, it may be considered a violation of your property rights under California law.

You should promptly seek legal counsel to assess the situation and explore your options for seeking remedies...
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1 Answer | Asked in Construction Law and Intellectual Property for California on
Q: Redvelment angecy city of Pomona blocked my private entrance were they give me a note before doing so?
James L. Arrasmith
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answered on Aug 3, 2023

Under California law, a governmental agency like the Redevelopment Agency of Pomona must generally provide proper notice before blocking a private entrance to your property.

If the Redevelopment Agency of Pomona blocked your private entrance without giving you proper notice, it may be...
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1 Answer | Asked in Consumer Law, Real Estate Law, Civil Litigation and Construction Law for California on
Q: Regarding CA BPC 7159.2(d), does "section" refer specifically to only 7159.2(d) or to all of 7159?

Regarding CA BPC 7159.2(d), does "section" refer specifically to only 7159.2 or to all of 7159?

James L. Arrasmith
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answered on Jul 30, 2023

Regarding CA BPC 7159.2(d), the term "section" typically refers to the specific subsection where it is mentioned, in this case, 7159.2(d). However, without the full context of the language used in 7159.2(d), it's not possible to definitively say whether it refers specifically to... View More

3 Answers | Asked in Contracts, Business Law and Construction Law for California on
Q: How do I protect myself legally as a GC from seeming like I abandoned the project?

As a General Contractor in North Highlands, California, I'm dealing with a client who demands work beyond our contract's scope, with expectations exceeding standard industry practices. Despite nearing completion, they refuse to sign change orders for the additional work. Concurrently,... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 27, 2023

A mechanic's lien is very powerful for a contractor in your situation. It will force the owner to either pay you what's currently owed, or you can enforce your lien against their property in court, and recover the court costs to do so and interest on the amount you are owed. I suggest... View More

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3 Answers | Asked in Consumer Law and Construction Law for California on
Q: I hired a non-licensed contractor to build a barn. It has been more than 2 months since he came to work. What can I do?

I’ve paid him $16,000 out of $20,000 total. He kept asking for money for materials each time he came. He’s now claimed a material shortage, death of a loved one, and has stopped responding to our text messages or answering any calls.

James L. Arrasmith
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answered on Jul 21, 2023

Since the contractor you hired is non-licensed, they may be in violation of California law. You should immediately cease any further payments to the contractor and attempt to document all communication attempts made to resolve the issue. If the contractor is unresponsive, you may consider sending a... View More

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2 Answers | Asked in Consumer Law, Contracts and Construction Law for California on
Q: Can a california general contractor give out a roof insepction certificate.
James L. Arrasmith
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answered on Jul 23, 2023

A general contractor in California may provide a roof inspection certificate if they are licensed to perform roofing work. However, it is essential to ensure that the contractor is appropriately licensed and qualified to conduct the inspection and issue the certificate. Additionally, the inspection... View More

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2 Answers | Asked in Construction Law for California on
Q: I am in a Construction Litigation with my contractor. The contractor has performed an inspection

Now his subcontractors all want to come and do their inspections. Is it allowed by the law?

T. Augustus Claus
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answered on Jul 11, 2023

During a construction litigation process, each party may have the right to conduct inspections to gather evidence or assess the condition of the construction project. This may include inspections performed by the contractor, subcontractors, or other involved parties.

However, the specific...
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1 Answer | Asked in Construction Law for California on
Q: Would it be considered conflict of interest to be the prime contractor and the truck broker for the same job in CA.?

As the prime contractor specializing in underground pipelines for a housing development, I require the services of on/off hauling dump trucks. Would it be considered a conflict of interest to also be the truck broker for which I would receive a fee from the trucks to deliver materials to my... View More

James L. Arrasmith
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answered on Jul 6, 2023

In California, whether acting as the prime contractor and the truck broker for the same job constitutes a conflict of interest can depend on various factors and the specific laws and regulations in place. As a prime contractor specializing in underground pipelines for a housing development,... View More

Q: Can you sue a builder or developer for failing to provide adequate parking in a community?

116 single family homes in a community with only 17 parking spaces. No driveways, no street parking, no alternatives. HOA is threatening to have over 50+ cars parked in the street.

James L. Arrasmith
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answered on Jun 30, 2023

It may be possible to take legal action against a builder or developer if they fail to provide adequate parking in a community. However, the specific circumstances and applicable laws may vary depending on your jurisdiction. It is important to consult with a real estate attorney who can assess the... View More

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2 Answers | Asked in Contracts and Construction Law for California on
Q: What can I do if my contractor has abandoned my project?

I contracted a company to build my pool , las July. I paid them up front. They were very proactive in getting the work done in the first 5 months, 6 months have passed and they haven't done anything on my backyard, and have not met any of their deadlines. I feel like they have abandoned my... View More

Adam Stoddard
Adam Stoddard
answered on Jun 29, 2023

It is against the law for a contractor to collect payment for work not yet completed, or for materials not yet delivered. Please see B&P Code 7159(d)(9). If they had you pay for all the work upfront, then that is illegal and their contractor license could be in jeopardy. Depending on the terms... View More

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1 Answer | Asked in Construction Law for California on
Q: So I had a guy do work on my house we payed 50k and he just stopped coming. We want to sue but we think he has no money

We later found out he was unlicensed lives in an apartment and has been scamming several others

James L. Arrasmith
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answered on Jun 19, 2023

To address the situation where a contractor has abandoned a project after receiving $50,000 and you suspect they may not have sufficient funds, consider these options:

You will want to gather evidence of the agreement, payments, and communication. Consult with a contract or construction law...
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