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 »
Home Improvement Contracts are required to be in writing and for a fixed price, have a fixed completion date and have certain other requirements.
https://www.wolfflaw.com/legal-requirements-and-concerns-for-home-improvement-residential.html
Have an experienced Construction... Read more »
I hired the contactor to do painting around the house. The job is not being done correctly or at all.
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 »
It seems you may not have a very good contractor, and he may not have the best skills.
Does your contract have a firm completion date?
Have you made changes to the contract since it was signed?
You should consult with an experienced construction attorney.
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 »
Hello,
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 »
Gave me 800 in cash...down payment was 7500
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.
Justia disclaimers below,... Read more »
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 »
Are there differences to the law based on the size of the company or industry (paving)?
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 »
I have never been billed for these services and had inquired multiple times for a bill in December 2017. Since so much time has elapsed, I feel even the hours are a bit high. I believe this was an oral agreement only for the work rendered Am I still responsible to pay?
As a general rule, any civil action for monies owed for services or goods must be commenced within two years of providing such services or goods, with some narrow exceptions. If there is a written contract, the statute of limitations is four years, with some exceptions.
A nefarious backyard neighbor (residential neighborhood) filed a complaints re: backyard i) deck and ii) allegedly "hazardous" tree on the city of Oakland
building department code enforcement website.
Building inspector from code enforcement visited my home; however I was... Read more »
Personally, if you think you've been wrongly accused, I would invite the inspector back out for a look.
You usually can appeal citations etc but the time period is very short, and you would have to show that the code violations do not exist.
I signed a "proposal and purchase agreement" for HVAC work for my home. I signed it on March 15, work is originally scheduled for March 30-April 3 but I had to postpone it until end of April. However, with the economic uncertainty due the pandemic, I might back out of this agreement... Read more »
Apparently you did not cancel the contract within 3 days, which, theoretically, locks you into it.
As you know these COVID-19 times are very uncertain, and we don't know how the courts are going to rule on the multitude of cases affected by the pandemic that are now before the court,... Read more »
Retaining walls that were to be designed within city requirements to not need a permit. Walls were built, and measurements now show it needed a permit. Also, wall is leaning away from dirt it is retaining, and, after first rain-season, multiple sinkholes have developed on the tiers the walls are... Read more »
You should have an attorney who is experienced in construction law or construction Defect law.
Retaining walls over 3 feet tall also need to be designed by a licensed engineer!
Let us know if we can help.
George Wolff
www.wolfflaw.com
We do drainage around homes, structural repair and retaining walls. We work outside. Am I shut down? I'm seeing lots of vague and conflicting information. If I can work do I have liability if someone gets sick?
As you might imagine this has never happened before so there is no resource to know what will and will not be lawful under these circumstances. The best I can say right now, a few hours after the order was issued, is that unless your business is involved in one of the 16 essential government... Read more »
2 bathrooms 95% complete (punchlist, barn doors and faucets left). Materials were not in yet (this was the 2nd or 3rd time we were waiting on her), but temps were installed. Left job for 2 weeks due to previously scheduled out-of-town job. Client fired us and refuses to pay for the 2nd bathroom or... Read more »
"Substantial Performance" is the term you seek: "I ordered 100 flowers and you only brought me 95. I am not paying you." If a party "Substantially Performs" terms of contract, then payment is due, but payment may be prorated fairly.
Here's a link to the... Read more »
2. What authority if any prohibits third parties from using those designs?
You can create and copyright/protect architiectural and other non-structural designs and design building and construction plans for a 2 story wood frame home for building permits without any architectural license.
You can also protect the original aspects of that design by contract and also... Read more »
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