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1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for California on
Q: Can an existing 1 story house be torn down and a 2 story be built? The new construction is blocking my ocean view.

Nothing of the existing structure was visible from my house. It had been this way since I bought my house in 1998. It is in the framing process now. Not sure about roofline. It is already effecting the best part of my ocean view. We are on opposite sides of a freeway. Not sure if I should have been... View More

James L. Arrasmith
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answered on Feb 21, 2024

Based on the information provided, it is likely legal for your neighbor to tear down their existing single-story home and build a new two-story home, even if it impacts your ocean view. However, there are a few things to explore that may provide some recourse:

- Check if there are any local...
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1 Answer | Asked in Construction Law and Real Estate Law for California on
Q: What is our recourse for a property subject to a trustee sale with a valid mechanics lien in place?

The property is located in Orange County CA

James L. Arrasmith
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answered on Feb 22, 2024

In California, if a property is subject to a trustee sale and there is a valid mechanic's lien in place, the lien may still have priority depending on the timing of the lien and the deed of trust being foreclosed on. Mechanic's liens for work performed on the property can take priority... View More

Q: Per PCC 10140 - it is very complicated and expensive to advertise every project in a newspaper and trade paper

How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More

George W. Wolff
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George W. Wolff
answered on Feb 7, 2024

There are no published cases interpreting this statute, however the phrase "newspaper of general circulation" in section 100140(a)(1).

However, it has been defined as:

A “newspaper of general circulation” is a newspaper published for the dissemination of local or...
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1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: Can a RE developer email a price hike and it be valid when the contract calls for them to send certified mail?

I'm 2 weeks away from closing on a new build in a subdivision. The developer just emailed me a $9k increase due to "surplus charges". According to their contract, they must send via certified mail. We, the buyer, get to say if we can to pay or cancel via certified mail. Is an email... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 3, 2024

The answer depends upon whether the court would strictly enforce the notice requirement. I would think that a court would or should enforce the contract as written, but no attorney is going to be able to tell with certainty how a judge would rule.

I suggest that you hire a local attorney...
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1 Answer | Asked in Consumer Law, Products Liability and Construction Law for Arkansas on
Q: My roofer stalled rustic cedar after I turned down many times asking to wait till hickory was back in cause that’s wha

I ordered hickory and said it multiple times even have screen shots of text and they said that’s what they finally got in stock and installed. Then found extra package of rustic cedar which I had said no too. No wonder I told them it didn’t look like the color I ordered. What to do

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2024

An Arkansas attorney could advise best, but your question remains open for a month. An attorney would probably want to see the terms of your agreement to advise meaningfully. Good luck

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Construction Law for Texas on
Q: Do I have a "pain and suffering" case?

I deliver lumber for a company. On Oct 20, 2023, I was delivering a load to a job site where the lift fell into a septic tank, which resulted in tearing my rotator cuff. I found out that the builder knew the septic tank was there, but only placed small flags to mark the area. Considering that... View More

S. Michael Graham
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S. Michael Graham
answered on Jan 30, 2024

You may have established the basic facts for a claim for negligence (failure to properly warn) against the land owner and/or builder of the premises. Lawyers refer to this as a third party claim since you also have a claim for workers' compensation.

1 Answer | Asked in Construction Law and Contracts for California on
Q: Client entered a signed/executed construction contract which he breached. What are the options for monetary loss?

Mid work the client stopped the contractual payments due to his stating of financial/loans delays on his part. Client then requested structural changes to cut cost delaying production time and creating loss of opportunity. After about 6 months of constant communication and proposed changes to the... View More

James L. Arrasmith
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answered on Jan 28, 2024

Under California law, when a client breaches a construction contract, you have several options for recouping monetary losses. First, you can send a formal demand letter to the client outlining the breach and requesting payment for the work performed and any other damages incurred due to the breach.... View More

2 Answers | Asked in Business Law, Construction Law and Small Claims for California on
Q: Do I have any recourse for getting back money I paid to an unlicensed CA contractor who I fired for poor quality work?

I hired an unlicensed "contractor" on the recommendation of family members to do a bath and kitchen remodel. After paying him more than $10,000, I fired him because of the poor quality of the work he did on the bathroom remodel and the kitchen planning. The bathroom has to be completely... View More

James L. Arrasmith
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answered on Jan 28, 2024

In California, hiring an unlicensed contractor can complicate the process of recourse for poor quality work. However, you do have options to pursue. First, you can consider filing a complaint with the California Contractors State License Board (CSLB), which handles disputes involving unlicensed... View More

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1 Answer | Asked in Construction Law and Landlord - Tenant for California on
Q: The owner didn’t notify me of any construction being done outside for property addition.Do I have any rights?

No privacy & noise.

James L. Arrasmith
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answered on Jan 25, 2024

In California, tenants have the right to quiet enjoyment of their rented property. This means your landlord should inform you about any significant disruptions, like construction, that could affect your living conditions. The lack of notice and the resulting noise and privacy issues you're... View More

1 Answer | Asked in Construction Law and Contracts for Ohio on
Q: I rented a skid steer and busted the oil pan and now they say they can put Charges on me for damages

Criminal intent is this possible

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2024

An Ohio attorney could answer best, but your question remains open for a week. Breakage or failure of rental equipment should not ordinarily result in criminal charges, unless they are claiming that intentional, reckless, or other form of unacceptable usage led to the breakage. An Ohio attorney... View More

1 Answer | Asked in Construction Law for Nevada on
Q: Contractor sent a notice of intent but I never signed change order form nor agreed to new charges am I liable?

I did cut them a check minus the additional fees not agreed too and now I have a notice of intent. They cashed the check as well with paid in full in the memo.

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, construction contracts and change orders typically require clear communication and mutual agreement between the parties involved. If the contractor sent a notice of intent and you did not sign a change order form or agree to new charges, it raises questions about the validity of the... View More

1 Answer | Asked in Construction Law and Criminal Law for Tennessee on
Q: Theoretically speaking , if i own a small business construction business and a employee takes things and we both r arres

Arrested How does one get himself out of it if the other won’t take his charge

Anthony M. Avery
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answered on Jan 25, 2024

Hire an attorney to prepare for a Preliminary Hearing. If facts look bad, consider asking for diversion after restitution, even though you stole nothing. A conviction will hurt you for the rest of your life.

1 Answer | Asked in Contracts and Construction Law for Nevada on
Q: If company adds fees to final Invoice but never gave me a change order for nor agree too as I liable to pay?

Also didn’t sign it, tons of work wasn’t completed nor happy with. I paid majority but the extra fees they are trying to add on never happened nor was I advised until day we met in person. Never signed a change order like I did previously.

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, the situation where a construction company adds fees to a final invoice without providing a change order, agreement, or obtaining your signature raises concerns regarding the legitimacy of those additional charges. If significant work remains incomplete and you are dissatisfied with the... View More

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Door install still not finished and I have not paid fully. Can I never pay?

Door & Window install has been a bit of a nightmare. They have been terrible at communication. I paid a deposit on the job (~$2k) and still owe them the rest (~$4.5k). There are multiple issues with the door install that have not been fixed. They started in May 2023. Last I heard was maybe 2... View More

James L. Arrasmith
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answered on Jan 21, 2024

You make a fair point - if a contractor does not complete the work properly or to your reasonable satisfaction, they should not necessarily be entitled to full payment. Legally, you have a few options:

1) Set a deadline/ultimatum for them to fix the outstanding issues by a set date in a...
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1 Answer | Asked in Construction Law for California on
Q: How do I file a disgorgement suit against an unlicensed contractor? What forms do I need?

CSLB already completed their investigation and confirmed that he is unlicensed.

James L. Arrasmith
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answered on Jan 18, 2024

To file a disgorgement suit against an unlicensed contractor in California, you'll need to start by preparing a complaint that outlines your case. This complaint should include the details of the contractor's unlicensed status, the work performed, and the amount paid to the contractor.... View More

2 Answers | Asked in Construction Law for California on
Q: have LLC construction activitiesBut don't have contractor license I did a job for h ,owner now she want her money back

I did construction job ,I don't have license. Now the owner wants her money back or small clim crt.

The job done under LLC name ,

Can she sue me or she can sue the LLC?

Which better: give her money back face to face ?or go to court? Please help

James L. Arrasmith
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answered on Jan 14, 2024

Under California law, performing construction work without a contractor's license can lead to serious legal consequences. If you completed a job without a license, the client has the right to request a refund, even if they were initially satisfied with the work.

The legal liability in...
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1 Answer | Asked in Construction Law for Ohio on
Q: I am a subcontractor and owner wrote a check that said final and if I cash such check I cannot file a lien. However

I Did not cash the check filed mechanics lien and civil suit for breach of contract. Can I cash the check now? Considering I have a civil suit for what the owner owes me

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jan 13, 2024

Ohio law over the years has gone back and forth on the effect of cashing a check marked "paid in full". In 1996, R.C. 1303.40 established that cashing a check marked paid in full will extinguish the debt. Even though you have a pending lawsuit, you should not cash the check.

2 Answers | Asked in Construction Law for California on
Q: I am a General contractor Valid Lisc. How long does a home owner have to notify me of the deects on the home?

They owned the property. Califoenia property

T. Augustus Claus
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answered on Jan 10, 2024

In California, the statute of limitations for construction defects generally provides homeowners with ten years to file a lawsuit for latent defects, which are defects that are not immediately apparent. This ten-year period typically begins from the date of substantial completion of the... View More

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1 Answer | Asked in Contracts and Construction Law for Texas on
Q: Am I responsible for a Change Order AFTER the project has been completed?

I had a fire suppression system (fire sprinklers) install at my business.

We had a signed contract describing the work done and the agreed amount. Just prior to the start of the project the city required them to change where they would connect to the city waterline. I was aware they would... View More

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

In order to give you a proper analysis on your options, it would be necessary to have an attorney review your particular contract. Each contract for building projects is different, but a good one should usually contain several clauses explaining liability for change orders, when/how to dispute... View More

1 Answer | Asked in Construction Law and Real Estate Law for California on
Q: No contract with our GC ,fired him, never agreed to his percentage take. He wants 30K, if we don’t pay can he place Lien

It has been well over 20 days, no contract was signed and he made some egregious mistakes and never stuck to project due dates that cost us 40k. We paid him 45k before our barn was completed, even after he told us it would be around 25k. He never finished the barn (only trim and doors left) but... View More

James L. Arrasmith
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answered on Jan 10, 2024

In California, a contractor can file a mechanics lien for work done on a property, even if there was no formal contract. However, there are specific time frames and conditions that must be met. For residential projects, the contractor typically has 60 days from completion of the work to record a... View More

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