Dear Unpaid Subcontractor: Your options for getting paid are two-fold: (A) a breach of contract claim against the General Contractor and/or (B) a mechanic's lien processing against the Homeowner. Clearly, you are not "required" to pursue the Homeowner (as intimated by the GC)...Read more »
I needed to do a drug test for a new company that was going to employ me and when I went to the urgent care to do so, my employer calls me 2 days later to tell me that my urine was mixed up with someone else. I want to take legal action but not if I have a case or not.
A California attorney could advise best, but your post remains open for four weeks. It could be difficult for any attorney to meaningfully advise on the formalities you ask about in the brief format of this forum. There are many things to consider, whether from an intellectual property standpoint...Read more »
were taken and a 2k deposit given. the owner told my husband that the parts would not be at their warehouse until end of jan or first couple weeks in feb. my husband subsequently became deceased on 12/10 .i phoned and advised the owner of my husband's death and that i wished to cancel his... Read more »
Chairlift Cancellation: We always first start with analyzing the contract language, and so in this instance would be interested in examining any sort of "cancellation" provisions. If none, then we would need to look to case law, and the focus is on "impossibility to perform"...Read more »
I want to become a first time business owner and was wondering which would suite me the best in terms of taxes, protection, and future costs? I am planning to elect to file taxes under S-Corp subsection for either of these business entities that I am willing to go with.
The answer to your question should be developed in an initial free consultation by video call or telephone call. The short answer is ... it depends" ... upon your preferred management structure, the operations plan, your succession plan ... and how well you get along with others ...
I am trying to see how to move forward with this. I got up on the first roof then my co worker handed me the ladder to get to the second roof I secured it got up about 3 steps then the roof tile broke my ladder slid and my weight the the weight of my ladder came down on my right ankle and broke it... Read more »
This is a classic Workers Compensation claim. to 'move forward', you get a REAL ortho surgeon from the comp insurer's approved list, do NOT let the comp insurance adjuster or the boss pick your treating physicians or you won't be happy. But you need the list of approved...Read more »
Is there any circumstances where a CA. Licensed General contractor can be paid for a home inspection and be hired separately for the nessasary repairs to the same home? B&P code says that home inspectors performing repair work can be considered as unfair business practices. Does that mean... Read more »
You’re talking about CA B&P 7197. The law is pretty clear and the circumstances where a company performing a home inspection can also perform repairs are very narrow and limited: like roof repairs pursuant to a roof certification inspection or termite repairs pursuant to a termite report....Read more »
I'm in default but have learned that the contractor needed a separate permit to perform the work so that the work would be reviewed by the city and signed off accordingly. That was part of the contract, that I would have to pay them once the city signed off the permit. Since they didn't... Read more »
if there is a default against you, it means you failed to appear and the judge entered judgment. there are only limited circumstances where that default could be lifted and you will need a lawyer to go over those options and do the work which means you will need to pay a lawyer to do this. it is...Read more »
For a $50k job can a contractor have an escrow co. ask for/hold the entire $50k vs asking for a $1k deposit to go around Business & Professions Code 7159. Therefor the contractor is not asking for the whole payment upfront but an escrow company with specific instruction on when to release... Read more »
Dear "Unlawful Deposit" Inquirer: This is an interesting question, and in honesty the only real "authority" on the correct/authorized answer would be an investigative personnel at the CSLB (Contractors State License Board). Nevertheless, I'll use 30+ years experience in...Read more »
Our G.C. said he could remodel and expand our small, 50-year-old Calif. home for $300,000 and complete in 8 months. After 11.5 months, we insisted on moving back in even though it was not completed. Total cost for labor/materials so far has been around $470,000. Due to the delays, we had to pay an... Read more »
You have the right to terminate any contract at any time for any reason BUT you cannot terminate all contracts without penalty. Meaning, if you terminate the contract without "good cause" you may have to pay the other party some damages. Now you say that they are not doing it...Read more »
It was demo’d for a whole year and a half to the point where water was leaking in the existing portion. He keeps asking for money and changing the agreement. We are way over budget and now we are waiting for the inspector. The permit is potentially expired so he would have to renew. He framed... Read more »
The original quote for bathroom remodel (fully permitted, replace sink, tub, toilet and finishes) did not specifically call out for unclogging of sink drain. GC agreed verbally after quote was signed to unclog the sink drain. He sent out a plumber ("out of the goodness of his heart") and... Read more »
Interesting. The GC rushed to finish the job, in order to get paid, and the plumbing was not operational. Now you have to demo the new construction. Possible negligence on the part of the GC because the warning bells should have gone off when the gratuitous plumber could not unclog the drain....Read more »
Sold a 40 year old home AS-IS. After Close Of Escrow buyer discovered issue with location of electrical meter. We agreed to pay damages to have meters moved. But, now they are also requesting payment for "general contractor" fees - essentially the hours the private homeowner invested to... Read more »
Is the buyer a General Contractor? Does he have a written contract with himself to perform the work he is billing for that comports with the contract requirements for contractors in California? If either of these answers is no, he does not get anything and even if they are both yes, he probably...Read more »
Significant vehicle damage was incurred due to freeway construction debris collision with my vehicle. Caltrans claim was submitted by both my vehicle insurance and myself. Caltrans responded about a year later to my insurance, stating that this instance was caused by their... Read more »
I sounds like your options have narrowed down to filing an action for property damages. It is not so clear that CALTRANS is not responsible, but its all about the actual facts and circumstances. This matter may not make sense for an attorney to take on if the dollar amount of the damage is low....Read more »
There is an ordinance in my city that says I have a 25’setback. I only have a 30’ driveway. I need something to help keep my house cooler and help my home become more energy efficient. Is the city obligated to give me some type of solution?
Dear California SET BACK LAW questioner: The 25 foot set back precludes erection of a building structure but typically does not preclude, for example, an arbor or a shade sail or retractable awning. If you construct one of these examples above your sun-facing windows that may offer relief. You...Read more »
Well, look at your written construction contract, you know, the one required by law. Does it say that you are not retained until you get the entire deposit? Give back the money and written notice that you are turning down the job for his non performance.
We need a lot more information from you in order to understand what your issue is all about. There is insufficient detail to allow me to give you any kind of advice. Any lawyer will need to know enough detail to understand your situation. A chronological statement of what happened, when, where, how...Read more »
Independent sales person underbid a job, had customer sign our contract and collect deposit. I went out there to site survey it and realized the job was undersold and needed additional equipment and work that I'm not licensed to do. I'm an electrician, and they need stucco work for the... Read more »
Yes, he has a case, but you may have a defense. You are responsible for the contracts that your agents negotiate. But from what you say you may have the defense of Impossibility of performance, if you do not have the license to perform the job. You might also want to be sure that the contract is...Read more »
The short answer is that the Wage Orders apply to all employers no matter what size. The complicated answer with respect to your question is whether your company is a government contractor and subject to additional laws regarding the rate of pay (prevailing wage) that they must pay to employees...Read more »
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