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I am currently dealing with a mechanics lien issue related to a residential property in California. There have been no previous actions taken regarding this lien. What is considered an enforcement action under California mechanics lien law?
answered on Jun 8, 2025
Dear mechanic's Lien Inquiry: A properly recorded Mechanics Lien must be "perfected" within 90 days of recordation. This means the claimant must file a lawsuit NO LATER THAN the 90th calendar day from the date it was recorded. The law requires strict adherence to this statute,... View More 
I was taken advantage of by a contractor recommended by my husband's nephew during my house renovation. After my husband's passing in September 2023, I didn't realize I hired someone unlicensed and without a contract. He continually asked for money until my savings were depleted, and... View More
answered on May 7, 2025
Yes, you have a case. In CA, unlicensed contractors are not permitted to do the remodel work on your home without serious consequences. You have statutory rights to sue the contractor for the return of ALL money you paid him, as well as other civil penalties. Contact an experienced civil litigation... View More
I work in construction and we're required to meet at the shop to pick up coworkers and drive to the job site in a company vehicle. At what point do we start getting paid for travel time?
answered on Apr 3, 2025
Travel time should being when you arrive at the shop, since your employer requires you to pick up co-workers at the shop and drive them to the job site. This also applies your co-workers, since the company is providing the transportation.
I work in construction and we're required to meet at the shop to pick up coworkers and drive to the job site in a company vehicle. At what point do we start getting paid for travel time?
answered on Apr 3, 2025
At the time you are required to arrive at the shop to pick up the work vehicle. The fact you are driving a company vehicle does not change the rules regarding when you start your workday. Good luck to you.
I am involved in a class action lawsuit against the builder as the second owner of my house. The lawyer mentioned that the distribution of any settlement would be 80% to the first owner and 20% to me as the second owner. Am I entitled to a larger percentage, and what factors might influence this... View More
answered on Mar 28, 2025
Yes, possibly.
If the same lawyer is representing both the new and old owner he may have a conflict of interest and should not be deciding how much you should get!!
If that is the case, you should immediately seek independent legal advice from a separate construction attorney !!!!!!!
I hired a contractor to work on my house, but he stopped showing up and doesn't respond to my calls or messages. I have a written contract and I've made four payments by check. I've filled out forms to sue him in small claims court, but I'm unsure how to "serve" him... View More
answered on Feb 13, 2025
Ultimately, a judge could allow service by publication. As a practical matter, you should exhaust all resources to locate and personally serve them. A default judgment isn't worth much if you can't find them. If you do eventually find them, they will undoubtedly try to set the default... View More
we hired a solar contractor to install a solar system, before sighing anything i told them we want no roof penetrations, because we have a standing seem metal roof. the said no problem at all. before they began i reminded them about no holes in the roof. the job was going smooth until the 21 of... View More
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answered on Jan 27, 2025
The solar contractor is most likely responsible for repairing the hole in your roof caused by their installation. According to California law, contractors are responsible for their own negligence that causes injury or damage to the property they are working on. In your case, the contractor was... View More
He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More
answered on Oct 3, 2024
I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.
I'm sure you already know that deadbeats don't pay their bills.... View More
I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More
answered on Sep 13, 2024
Like Mr. Stoddard suggest, finding an attorney to take this case on a contingency basis will be very, very difficult, at best. Attorneys take cases on a contingency basis when they are 99% convinced of success, a huge profit and the judgment is immediately paid in full. An attorney cannot afford to... View More
I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More
answered on Sep 13, 2024
What you describe is not the typical type of case that most attorneys will take on a contingency basis (at least from my experience). For something like this, I would charge an hourly rate to serve a demand letter and/or litigate the matter and whatever is recovered at the end would be yours.... View More
The contract between me and the contractor does not state anywhere for roofing to be put on me for HVAC installation; however, it was. I agreed to pay the roofing for the job the day of installation as they brought it up, but fast forward, the price for roofing doubled. I believe because of the... View More
answered on Jul 4, 2024
Thank you for your question!
Did you have a written contract with the company before starting the work? If yes, then you may limit the price only to the reasonable value of their performed job for the roof.
In general under unjust enrichment legal theory, at least you should pay... View More
I cannot afford to retain attorney, likely litigation, and high priced land surveyors but compensation is owed. It has been ongoing for 5+ years. They intentionally demolished the shared block wall when i was not paying attention forcing me to resign myself to them rebuilding it 2" in our... View More
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answered on Jul 3, 2024
Here are some potential options to pursue your case without retaining an expensive attorney:
1. Small Claims Court:
- For claims up to $12,500, you can file in small claims court without an attorney.
- This is a simpler, faster process designed for self-representation.... View More
The restoration company led us to believe that our insurance policy included coverage for damages. We called our insurance co and a plumber when we noted the leak. Insurance co. was there within hrs. and asked to see insurance policy. He began quoting dollar figures that we would be compensated... View More
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answered on Jul 1, 2024
This is a complex situation that involves multiple areas of law, including insurance, contract, and potentially elder law. Here's a breakdown of the key issues and some potential steps you might consider:
1. Insurance Claim Denial:
- Review your insurance policy carefully to... View More
I have a small repair shop. I have a job that is needing be done outside of my repair shop. The contractors license is necessary for the dollar amount. My employee is a licensed contractor but is working for me under my Workmen’s Comp.. Can I do the job under her contractors license, if she is... View More
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answered on Jun 27, 2024
1. Generally, a contractor's license is not transferable. You cannot simply "use" your employee's license for your business operations.
2. In California, the person or entity performing contracting work must hold the appropriate license. If your business is performing... View More
Tenant claims he got work done in Sept 2022 on rental property with permission from the deceased spouse of the landlord but the surviving spouse does not know about work or permission. No written contract or permission but the tenant has videos of work being done in Sept 2022.
The surviving... View More
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answered on Jun 21, 2024
This is a complex situation involving several areas of California law. Let's break down the key issues and address your questions:
1) How should the landlord handle this Claim of Mechanics Lien & proceed with sale of property?
The landlord should take this claim seriously,... View More
Got my roof installed, representative quoted me 27k and guaranteed that my roof wouldn't exceed the 15% included roof replacement. In the end, my roof was bad and he requested another 10k. Gave me a 4k discount but still was unhappy. The whole roofing project was sloppy and poor workmanship.... View More
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answered on Jun 15, 2024
Under California's two-party consent law, it is illegal to record confidential conversations without the consent of all parties involved. However, there are some exceptions to this rule, particularly when there is no reasonable expectation of privacy.
Here are a few key points to... View More
For our 300sqft addition, our contractor graded the existing property 3 feet below the existing soil level, exposing the foundation of the existing perimeter structures. We failed final inspection on 9 items (8 were uncompleted scope items, and one was that this exposed existing structure... View More
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answered on Jun 3, 2024
Under California law, a contractor is generally not entitled to final payment until the contracted work is completed to the agreed-upon standards and has passed all required inspections. Since your project failed final inspection on multiple items, including the safety hazard caused by... View More
I paid a construction company to build an ADU via lenders and I can't get an answer from them on any updates. I want to get my money back.
answered on Jun 2, 2024
Thank you for your question!
You need to document all your requests for an update and lack of any progress on your project.
If the company fails to respond in a reasonable amount of time, you send them a demand letter with the help of a lawyer.
If the negotiation fails, you... View More
I paid a construction company to build an ADU via lenders and I can't get an answer from them on any updates. I want to get my money back.
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answered on May 31, 2024
Under California law, if you paid a construction company to build an ADU (Accessory Dwelling Unit) and they are unresponsive about updates, there are steps you can take to seek a resolution. First, review your contract to understand the terms and conditions, including any clauses about project... View More
No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More
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answered on May 31, 2024
In a Trial De Novo for a small claims appeal in the Superior Court of California, you need to present your defense and supporting documents clearly and concisely. Start by organizing all relevant documents, including receipts for the $2,000 payment, proof of purchase for supplies, and any... View More
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