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California Construction Law Questions & Answers
2 Answers | Asked in Contracts, Real Estate Law and Construction Law for California on
Q: My contractor's project manager advised had me write out the checks under his name. LAPD told me to sue the company.

I hired a licensed contractor who sent me their project manager (PM). I signed a contract 178K. First check went to the company. The PR told me to start writing the checks out to his name (I did, a total of 108K). After the first check to him I called the company to make sure that the PR was still... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 19, 2018

It is not clear why you signed another contract with this company while your dispute remained unresolved. If you were making progress payments, it is also not clear why most of the work was not completed. You need to get out of a public forum and into a consultation with an attorney promptly.... View More

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1 Answer | Asked in Construction Law for California on
Q: Contractor hired not on the license, nor an employee of the co. in which he said he’s a partner. Is contract valid?

Hired contractor for full condo remodel. Contractor failed to use Home Improvement Contract. He provided a license number and listed a construction company that he said he owns with another person. CSLB shows contractor’s name is not on the license, and company lists zero employees. Is contract... View More

John T. Kontrabecki
John T. Kontrabecki
answered on May 11, 2018

The contract is void. A construction agreement entered into with a contractor who is not licensed in the state of California is an illegal contract and therefore void. It may also be fraudulent.

1 Answer | Asked in Construction Law for California on
Q: Our contractor has skipped town after making some shoddy repairs to our house - what's the next step here?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 23, 2018

Check your contract for an arbitration clause, but generally, make a claim on the bond, file suit, contact the Contractor's State Licensing Board. Of course get estimates and make repairs (at the evry least enough to keep from making things worse.)

1 Answer | Asked in Consumer Law and Construction Law for California on
Q: A construction company did work on my home and now the work is falling apart and after several calls they havent come

We have a written document where it states we have a 20 year warranty. We have even talked to the project manager and he has said he’s on his way and he nor any workers have showed up at my home to fix the work. I’m not sure what my next step should be

William John Light
William John Light
answered on Dec 29, 2017

You can file a complaint with the State Contractor's License Board. http://www.cslb.ca.gov/Consumers/Filing_A_Complaint/

You can also retain an attorney for a lawsuit, but that takes money.

2 Answers | Asked in Insurance Defense, Construction Law and Real Estate Law for California on
Q: Condo flooded by upstairs neighbor kitchen remodel.

Owner, contractor, and HOA insurance all notified but each claim the other shares liability. What are my rights as a third-party claimant? My own insurance does not fully cover the loss. Someone else is responsible. I don't want to start reconstruction until I have money to reconstruct.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 20, 2017

Not sure what your theory is against the HOA - if there is one, they can be included in a lawsuit. Otherwise, you can sue the upstairs neighbor (and their contractor since you've already uncovered who they are). The insurance companies have a duty to try and settle a loss after liability has... View More

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1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Construction Law for California on
Q: Bought a house last may 2017. Builder stated in contract 4kw of solar. Solar company said only 3kw installed.

We are incurring huge electricity bills. We want a 4kw solar, it is our basis for buying the house.. But builder will not fix it, they will only give us a refund. But we dont want a refund. We want a 4kw since the cost of PG&E electricity in our city is higher that other cities. Only me, my... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 15, 2017

To some extent, your remedies will depend on the contract for the house. In addition to fraud and breach of contract, you may have actions for false advertising and under the unfair competition statutes. You have not said how long it has been since you bought the house - you should consult with... View More

1 Answer | Asked in Construction Law for California on
Q: We have a deposit on a condo just starting construction. I asked the agent who purchased the other 3 units in the bldg.

We are seniors and wanted to know who our neighbors may be. Specifically children under the age of 10 and crying babies. Agent said he could lose his license for disclosure. Before we write a $800,000 check I wanted to know the general makeup of people buying in the complex. Construction of the... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 1, 2017

Don't blame your real estate agent. Housing discrimination based on age or family characteristics is illegal. An exception is developments specifically designated as older adult. If that is what you are looking for, look for such a specially designed place. Besides, your approach is short... View More

1 Answer | Asked in Traffic Tickets, Civil Rights, Collections and Construction Law for California on
Q: Constitutional 4th and 14th Amendment violations? -City and County of San Francisco , unreasonable search and seizure?

California Vehicle code section 40202 (a) states the peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth…..the procedure for the registered owner...pursuant to Section 40215, contest the... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 25, 2017

it is often frustrating being a lawyer and having a judge rule contrary to the law.

clients don't have the money to hire you to make a motion ordering the judge to follow the law.

every county, courtroom and judge has their own take on things.

you can always appeal the...
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1 Answer | Asked in Construction Law for California on
Q: How do I get my money back paid for a project that I paid in full but not completed?

Had concrete and fencing project, unlicensed contractor walked off job in middle of project. I have a contract signed by contractor and have all checks I paid. What options do I have? I send text messages to him asking when he will be onsite, he says he is coming but never shows.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 7, 2017

Depending on your written contract, you can sue, or go to arbitration. If the contract provides, you can recover your attorney fees. You can also file a complaint with the Contractors State Licensing Board: http://www.cslb.ca.gov/

1 Answer | Asked in Construction Law and Insurance Bad Faith for California on
Q: 25+ YR 60' retaining wall built incorrectly per original plans, falling apart. Can original contractor insurance be sued

The cement block wall has been leaning for many years but only until top cover fell off was it discovered that they were never filled with mortar or rebar. The plans and permits show it should have been filled. One contractor I met with mentioned the original contractors "tail... View More

William John Light
William John Light
answered on Sep 2, 2017

No. There is a 10 year statute of limitations on latent defects. Also, although the wall deviated from plans, it would be hard to argue that a wall that lasted 60 years was defective.

1 Answer | Asked in Consumer Law, Construction Law and Landlord - Tenant for California on
Q: How do I confront discrimanitory eviction from a storage facility having broken no rules ?

A staff member has informally moved to evict me from a storage facility after numerous deflections of her advances.

William John Light
William John Light
answered on Aug 29, 2017

I would imagine that your rental agreement contains the rules pertaining to your stay, and that the Notice of Eviction specifies what contractual rules you are alleged to have broken. We could answer a lot more accurately if you would provide all of the facts.

1 Answer | Asked in Consumer Law, Contracts, Elder Law and Construction Law for California on
Q: Are there laws to help an 85-year old break a contract for $9000 worth of work she was pressured into?

The $9000 is for duct-work in the house, asbestos removal and insulation.

William John Light
William John Light
answered on Aug 29, 2017

Contact the State Contractor's License board and your local District Attorney's office and report the contractor for elder abuse. This type of conduct is a well known scam to prey upon the elderly.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for California on
Q: We hired a contractor to install some floors in our home on an hourly basis. he did it wrong and will not fix

We have given him the option to come look at it and or fix it but he now will not even look at it. he did a lot of work at the house on an hourly basis ( all checks were written to the construction company). We found out that the product was glued down and is not designed to be glued down. He used... View More

William John Light
William John Light
answered on Aug 21, 2017

Sue in Small Claims court and recover your actual damages up to $10k. Bring photos, receipts, contracts, cancelled checks or other documents necessary to prove your case.

1 Answer | Asked in Criminal Law and Construction Law for California on
Q: Former employer is being investigated by OSHA for potential criminal law do I have a right to legal council, who pays

Fatality on a project, I have been "asked" to come and answer questions from OSHA. My former employer is represented by 3 lawyers. Can I choose my own lawyer for which they still pay for?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

You'd pay for your own lawyer. Depending on whether any relevant legal statutes apply, you might be able to seek reimbursement for legal fees, but that is rare. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Construction Law for California on
Q: What are the biggest differences, if any, between a building inspection and a home inspection?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

A home inspection is a building inspection of a home. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Construction Law for California on
Q: What are the risks for using an unlicensed contractor on my construction project?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 14, 2017

You may violate city building codes. You may see defects in workmanship, depending on the circumstances. The contractor may be violating licensure laws and face serious legal consequences. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Construction Law for California on
Q: general construction, paid in advance, now refusing to finish job. has a history of doing this in CA

Paid for a kitchen renovation in advance, poorly made cabinets, defected and refusing to finish the job after he was paid in advance.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 22, 2017

You can file a complaint with the Contractor's State Licensing Board and sue him. Check your written contract, as it may provide for arbitration instead of court suit. If so, the Board will probably wait until the arbitration is completed before taking action. Now you know not to pay in... View More

1 Answer | Asked in Contracts, Business Law, Communications Law and Construction Law for California on
Q: I worked for a client through their designer. The designer acted like the clients representative. The designer signed a

Contract that we both agreed on and the job was complete. The owners think they were getting a different product that was in the 1st proposal instead of the product in the last proposal. I don't think the designer showed or read over the new proposal since the contract total was the same. The... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 16, 2017

Your question raises several issues, which you should be prepared to discuss in a lawyer consultation. Of course, the lawyer will want to see the proposal and all written communications. Does the proposal contain an attorney fees clause? A mediation and/or arbitration clause? Did you have... View More

1 Answer | Asked in Construction Law for California on
Q: The contractor I hired to build an addition for my house didn't construct it properly (wrong size dimensions) but is

refusing to rebuild to make it the larger size we agreed upon. Can I refuse to pay the final installment of the bill or do I have to go to court?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 8, 2017

Is he licensed? Did you have a contract? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Construction Law for California on
Q: My contractor verbally told me a price for an add-on service during the construction of my deck, and I agreed. When I

got the bill, it was almost double the price. How should I handle this?

Ali Shahrestani,
Ali Shahrestani,
answered on May 16, 2017

You can report this to the CA contractor's board as a violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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