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California Construction Law Questions & Answers
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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1 Answer | Asked in Real Estate Law and Construction Law for California on
Q: Can I demand to receive insurance payouts from my mortgage company if I do the repair work myself?

I had water damage to my property which damaged the exterior and the interior. My insurance approved a large amount for each damage, but sent it to my mortgage company, which has a long list of requirements to fulfill before they disburse it to me - among them a contractor lien waiver, and a... View More

James L. Arrasmith
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answered on Jun 17, 2023

If your mortgage company is holding insurance payouts for repairs to your property, they may have certain requirements that must be met before they disburse the funds to you. These requirements may include a contractor lien waiver and a licensed contractor affidavit, as you mentioned.

If...
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2 Answers | Asked in Construction Law and Contracts for California on
Q: Can I, as direct general contractor, charge late fee $250 (daily) for non payment of final invoice?

Client refuses to pay final invoice, I then told him that I’ll charge late fee of $250 each day for non payment. Can I do that, or there is maximum I can charge as late fee? Thank you

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Charging of any late fee for failing to pay is governed by the original contract you signed for the project. However, if the amount is disproportionate to the balance, the provision could be struck by the Court as an unconscionable term of the contract. Also be aware that you have the burden of... View More

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1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for California on
Q: How much time does our neighbor legally have to finish the construction of the common wall between us?

We have a rental and one of the neighbors is doing construction very slowly and our tenants are getting upset due the noise alone but we are aware we can’t do much. However, They recently got to the common wall (which we’re paying 50% for) and the wall has been down for over 3 weeks. It was... View More

James L. Arrasmith
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answered on Jun 7, 2023

The specific timeframe for completing a common wall construction can depend on various factors, including local building codes and any agreements or contracts in place between the neighbors. It's important to consult with a real estate attorney who can provide advice based on the laws and... View More

2 Answers | Asked in Contracts and Construction Law for California on
Q: How do I cancel a signed contract with a contractor, he has not done anything yet.

The contract allow the contractor to claim money from my insurance directly.

Maurice Mandel II
Maurice Mandel II
answered on Jun 8, 2023

First, you would need to contact your insurance company to advise them of your plan so the contractor does not rush to submit and be paid on bills. It sounds like the contract is in writing, so the equal dignity rule would require you to give written notice. In order to give you specific advice an... View More

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2 Answers | Asked in Contracts and Construction Law for California on
Q: I had my house repainted; after 15mths the paint is peeling off most windows. How long is the implied warrantee in CA?

In checking on this, I've discovered that the contractor has a valid contractors license, but the manager/salesperson (daughter of owner) does not. Does that matter? Is there an additional vulnerability on their part due to this? She managed the entire job, from proposal to execution to... View More

James L. Arrasmith
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answered on May 31, 2023

In California, there is an implied warranty of habitability that applies to housing, but specific warranty periods for issues like peeling paint may vary. It would be advisable to consult with an attorney who specializes in construction or real estate law to determine the applicable warranty period... View More

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3 Answers | Asked in Constitutional Law and Construction Law for California on
Q: 1st Amendment violation when courts don't make available ALL crim court hearings to out of state residents via audiofeed

My 26 year old daughter, mother of three girls, 8,6,3, was arrested in San Luis Obispo County, California April 6 for 3 felony counts of PC237 A(A), along with her boyfriend whom she shares the youngest child. I am her mother, and I live and work full-time in Alaska. I hold a Bachelor of Science... View More

James L. Arrasmith
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answered on May 31, 2023

It is possible that the court's decision to not make available all criminal court hearings to out of state residents via audio feed could be a violation of the First Amendment. The First Amendment protects the right to freedom of speech, which includes the right to attend public hearings. If... View More

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2 Answers | Asked in Construction Law, Small Claims and Municipal Law for California on
Q: Hello, One of my neighbor's and I had been discussing the need to repair the fence between us. The damage was caused

by the tree on their side of the fence. It pulled up the cement and tilted one of the posts. I have photos of the damage and the tree. I had lined up someone to come give an estimate. I have email exchanges. The last we left it, she was going to coordinate the cement work with when I had the... View More

Adam Stoddard
Adam Stoddard
answered on May 19, 2023

You should refer to California Civil Code Section 841 which addresses homeowner's responsibilities and rights when it comes to fence repair with adjoining neighbors. You could just tell them to pound sand, but that wouldn't be very neighborly. I would suggest explaining what you said... View More

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1 Answer | Asked in Consumer Law and Construction Law for California on
Q: Do I have a claim if I sue my Solar company due to their subcontractornegligence?

I got my solar installed on October 2021. I got my roof leaking on first quarter of 2022 due to solar company sub-contractor negligence. I found out they damaged my tiles and my roof underlayment is in bad condition. Reported leak to solar company and contractor came by to fix the issue. For the... View More

James L. Arrasmith
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answered on May 7, 2023

It may be possible to have a claim against the solar company for the damages caused by their subcontractor's negligence. You may be able to seek compensation for the costs associated with repairing your roof and any other damages caused by the leak. Additionally, if the solar company... View More

1 Answer | Asked in Consumer Law, Construction Law and Energy, Oil and Gas for California on
Q: Can atcaa deny insulation services due to the age of a home being older than 1972
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answered on May 1, 2023

ATCAA, or Amador Tuolumne Community Action Agency, may have specific requirements for providing insulation services based on the age of a home. It's possible that they may have restrictions or limitations on providing insulation services for homes built before a certain year, such as 1972.... View More

1 Answer | Asked in Real Estate Law and Construction Law for California on
Q: Do I have rights to sue?

We bought a home. It was disclosed stairs leading to house would be fixed prior to closing. But deck adjoining would be for us to take care of. Inspection was done and stairs were built after. Now as we were planning on fixing deck were told by 2 contractors that stairs are unsafe not to code and... View More

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answered on Apr 25, 2023

If the seller of the home disclosed that the stairs leading to the house would be fixed prior to closing and the repairs were completed, but the stairs are now found to be unsafe and not up to code, you may have grounds for legal action.

One possible course of action is to contact the...
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3 Answers | Asked in Civil Litigation, Construction Law, Consumer Law and Municipal Law for California on
Q: Who enforces California building code when local government/City code enforcement fails to act according to law?
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answered on Apr 24, 2023

When it comes to enforcing the California building code, there are a number of different entities that may become involved if the local government or city code enforcement fails to act in accordance with the law.

First and foremost, the state government itself has a responsibility to ensure...
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1 Answer | Asked in Contracts, Business Law and Construction Law for California on
Q: Can an answer to complaint be filed with cm- 015 in lieu of POS 030? & what if the party didn't serve the related case

it was a cross complaint served separately on 11/6/22 on 2 people (substitute) and 1 cross defendant filed an answer for both of them on 12/16/22, they had someone else priority mail the answer on 12/20 ith a signed cm-015 inside. then the party named filed the proof of service for notice of... View More

James L. Arrasmith
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answered on Apr 12, 2023

Under California law, when a defendant is served with a complaint, they generally have 30 days to file a responsive pleading, such as an answer or a motion to dismiss. The correct form to use when filing an answer to a complaint in California is the POS-030 form, which is the... View More

1 Answer | Asked in Construction Law and Landlord - Tenant for California on
Q: When renting a house that is under construction, do the renters need to pay for the electricity used by the workers
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answered on Mar 24, 2023

In California, the answer to this question will depend on the specific terms of the lease agreement between the landlord and the tenant. If the lease agreement states that the tenant is responsible for paying for electricity used on the property, then the tenant may be responsible for paying for... View More

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Employment Law for California on
Q: How Does A Company / Corporation Protect from Liability of California ( Protection Laws) from a stooge person in employ
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answered on Mar 21, 2023

There are several steps a company or corporation can take to protect themselves from liability for the actions of a "stooge" employee:

Establish clear policies and procedures: A company should have clear policies and procedures in place that prohibit illegal or unethical behavior,...
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1 Answer | Asked in Construction Law for California on
Q: Hello I hire some one to do some work on my house I didn’t sign a contract

I hire him whit out of contract I paid him everything now he is gone he didn’t finish he left everything half way done

James L. Arrasmith
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answered on Mar 13, 2023

I'm sorry to hear that you are experiencing problems with a contractor you hired to do work on your house. While it is possible to hire a contractor without a contract, having a written agreement in place can help protect your interests and provide a clear understanding of the work to be done,... View More

2 Answers | Asked in Contracts and Construction Law for California on
Q: Do I have a case and if so what type of case do I have?

During and ever since the completion of pool construction I have encountered many problems. In less than a month I started encountering filter problems. About 6months in the plaster started cracking, the filter has constantly been going out and needing to be repaired. Also the filter and pump are... View More

Shawn R. Jackson
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answered on Mar 10, 2023

Well, the first task is to review the construction contract ... and then to review any images or communications of the work-in-progress ... and then to determine the current state of the pool and adjacent area ... so, you will want to schedule a free initial video call with at least two attorneys... View More

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2 Answers | Asked in Construction Law and Business Law for California on
Q: If you buy a construction company in California do you get their license as well?

If you buy a construction company in California do you get their license and does the owner that holds the license need to stay on board? If the license holder, quits, is fired or for any other reason leaves the company would the license stay with the new owner?

Thank you!

Adam Stoddard
Adam Stoddard
answered on Mar 9, 2023

A company cannot get a contractor's license, at least to my knowledge. An individual can obtain a contractor's license, then setup a company (sole proprietorship, LLC, corporation, etc.) and then that company can contract under that individuals license. Thus, if you were to buy a... View More

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2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for California on
Q: What legal action can I take if a property management company neglects to enforce on violations stated by the HOA?

I have made complaints about a tenant that has violated HOA policy where wooden floors are not allowed to be installed on the 2nd floor unless approved. And bikes being left out in a carport, where it shouldn't be. Our property management company has failed to enforce or address this issue... View More

James L. Arrasmith
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answered on Mar 8, 2023

If your property management company is neglecting to enforce HOA rules and regulations, you may have legal options to address the situation.

Here are some steps you can take:

Review your HOA bylaws: Review your HOA bylaws to determine the steps that must be taken to enforce the...
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1 Answer | Asked in Contracts and Construction Law for California on
Q: Asked befor how find out re violations CSLB letter.i filed complaint.im not contractor.cslb said they won't tell me.

Several complaints,,1 form.don to get know which were violations.

James L. Arrasmith
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answered on Feb 21, 2023

If the CSLB (Contractors State License Board) has informed you that they cannot share information about the complaints or violations you filed as a non-contractor, there may be limited options for you to obtain the specific details about the violations.

One option you may consider is to...
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