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California Construction Law Questions & Answers
1 Answer | Asked in Contracts, Construction Law and Real Estate Law for California on
Q: The contractor did not notify us of a situation before closing up a wall and is now refusing to fix it. What can we do?

We're in the final week of a home renovation. When we got home last week, we noticed that our shower head, nozzle, and spigot are two inches off center of the overflow valve and bathtub drain. The wall is closed up and tiled, and our contractor now says it's too expensive to fix (i.e.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 2, 2017

You may be able to sue for repairing any damage caused by the contractor. Review the issue with an attorney such as myself. 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... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Construction Law for California on
Q: Can my county planning department charge me 700. Plus dollars for phone calls and counter service?
William John Light
William John Light
answered on Apr 21, 2017

It's impossible to say. It seems unlikely that you are being charged as you describe, but who knows. There are no facts to analyze.

1 Answer | Asked in Estate Planning, Real Estate Law, Construction Law and Landlord - Tenant for California on
Q: Is it legal for an apartment to have there circuit breaker in the bathroom without a panel cover exposing the switches?

Were located in Garden grove, ca and it's above the toilet and next to the shower. I'm not sure when this apartment was built, but it's called city villas.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 20, 2017

The circuit board should be covered. Tell the landlord to fix it, and you can report it to the city housing inspector. 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... View More

1 Answer | Asked in Construction Law for California on
Q: Does a remodeling contractor's warranty cover incorrect measurements?

I paid for quartz countertops in my kitchen about a year ago, fitting around my existing stove and sink. However, the stove has since stopped working properly, and needs to be replaced. However, the countertops were built in such a way that the space is too small for any new stove. In looking... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 12, 2017

If it fit your original stove: then it sounds like the contractor did the job correctly, and additional adjustments would require a new contract and payment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney.... View More

1 Answer | Asked in Construction Law and Contracts for California on
Q: Does a GC have to provide a sub with copies of conditional waivers that sub signed.

a general contractor owes me on 22 jobs. i filled out conditional waivers with my invoice amount that he turned into Home Depot to recieve payment but will not pay me. He is stating he didnt know the price of my invoices. BUT the price was on the conditional waivers that he gave to Home Depot in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

You should have kept copies of the contracts you signed. If you have a contract dispute, you can either resolve them via negotiations, ADR, or court. 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... View More

1 Answer | Asked in Contracts and Construction Law for California on
Q: If I sign a contract, and state I'm signing under duress, is the contract still binding
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

Stating you're signing under duress is not the same as actually doing so. There are legal definitions for signing under duress.

See: https://www.justia.com/trials-litigation/docs/caci/300/333.html

More details are necessary to provide a professional analysis of your issue. The...
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1 Answer | Asked in Contracts and Construction Law for California on
Q: Does a general contractor in ca have to return the $1000.00 deposit if the home owner changes their mind

The 3 day grace period has expired

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 8, 2017

What does the contract say about that? 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 Contracts and Construction Law for California on
Q: can I have a homeowner enter into a CA construction contract based on all allowances or unfinished architectural plans
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 22, 2017

What are your concerns as to why this would not be possible given the circumstances? Are you trying to sell a home? Do you have a license to build? 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... View More

1 Answer | Asked in Construction Law, Consumer Law and Contracts for California on
Q: Can the refusal of a Construction Loan allow me to cancel a Contract with a builder ?

Hi !

I signed a contract with a builder and during the early design phase went through a divorce (with child support, etc...) my construction loan went from being green lighted to denied due to my new financial situation.

I asked the builder to refund a large amount of money I gave... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 21, 2017

I don't see a basis for cancellation in the fact that your loan was denied. The 30% cancellation term may be challenged if unconscionable as liquidated damages if the contractor has not lost anything of value (other work, purchased parts, subcontractor fees, etc.) in the 3 days since signing.... View More

1 Answer | Asked in Construction Law for California on
Q: Are Preliminary Notices and Mechanics Liens enforceable on an out of state Contractor? We are in California.

We are a contractor in California and occasionally do work in California for out of state contractors. Are we protected by filing Preliminary Notices?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

Yes, they may be enforceable if the contractor has availed itself of CA's jurisdiction. If you've formed a contract with this entity, that may suffice as a basis for jurisdiction here in CA since you're in CA. More details are necessary to provide a professional analysis of your... View More

1 Answer | Asked in Real Estate Law, Construction Law and Landlord - Tenant for California on
Q: The owner of the building is lying and not claiming to be the actual owner. There is too much construction.

Our building was sold and the new owners are kicking people out issuing 60 day notices. There was no landlord on site for a short time. The new owner I have contacted a few times and he claims that there are people above him making decisions he has no control over. I called his company to find out... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

This sounds like a possible breach of contract and a violation of the implied warranty of habitability and implied warranty of quiet enjoyment. 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... View More

1 Answer | Asked in Real Estate Law, Business Law, Construction Law and Municipal Law for California on
Q: Damages on commercial property. Severe damage to my building from my neighbor's trees and landscaping.

The commercial property owner neighboring my commercial property raised the ground elevation behind my building to provide landscaping. A tree and shrubs were planted there and the root systems egressed into the lower wall of our building compromising the building stucco and pushed the wall stud... View More

Ben F Meek III
Ben F Meek III
answered on Feb 7, 2017

It sounds like your neighbor would be responsible. There are plenty of unanswered questions, and this may actually be more of a tort law issue than a real estate one.

Have you consulted an engineer and/or architect regarding the cause of the structural damage? If it was either the earth...
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1 Answer | Asked in Construction Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: How do I litigate an improperly imposed 4th waiver?

I was arrested at home in San Diego, Ca. The charges are not drug, alcohol or violent in nature of which I bailed out. At arraignment, the DA requested a 4th waiver. I am not on probation or parole. The judge requested the DA state the lawful reason but the DA could not. The judge said he had no... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

You can hire private counsel. Or, you can appeal the decision yourself. As the case is a CA state court matter, federal court is not an option for an appeal. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for California on
Q: My contractor has left me with no kitchen for about 3 months, can I hire a new contractor and seek money already paid?

My contractor tore my kitchen out about 3 months ago. He has done little to no work since then. He has been paid for tiles, counter tops and installation, installation of tiles, down payment on the cabinets. He owes me around $14,000 for work and supplies that have not been completed. He has also... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

If the contractor has failed to uphold his duties under the contract, you may take steps to mitigate damages and sue him for breach. 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/... View More

1 Answer | Asked in Construction Law, Real Estate Law and Landlord - Tenant for California on
Q: What can i do about noisy construction by property owners less than 20ft away from my apartment windows?

All the property is owned by the same people they are doing construction all day long I've been told it can take up to 2 years. The noise is from 7am until 5pm. Its extremely loud even with my windows shut and dirt comes in when they are open. My kids cannot rest at all. I am only on month to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

Check your lease re: any construction waivers. If there aren't any, this may qualify as a breach of contract and breach of implied warranty of habitability. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Construction Law, Real Estate Law and Landlord - Tenant for California on
Q: What can i do about noisy construction by property owners less than 20ft away from my apartment windows?

All the property is owned by the same people they are doing construction all day long I've been told it can take up to 2 years. The noise is from 7am until 5pm. Its extremely loud even with my windows shut and dirt comes in when they are open. My kids cannot rest at all. I am only on month to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

See my answer to your identical question. 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 law practice website. I practice law in CA, NY, MA, and DC in the following... View More

1 Answer | Asked in Civil Litigation, Contracts and Construction Law for California on
Q: When must a custom cabinetry sub. serve a prelim. lien notice - when he starts making the cabinets or when he instal?

My husband makes custom cabinetry. We are curious as to when the lien rights attach to the property- when he begins manufacturing or only when he installs the finished product?

This will determine when we must serve the 20 day preliminary notice as well. I think we should just serve the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

The key issue is when the work is furnished. See CA Civil Code sec. 3097 et seq.. Have a lawyer review the facts to provide you advice. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal... View More

1 Answer | Asked in Construction Law and Contracts for California on
Q: Can we make a claim against the wood floor subcontractor?

In 2008 we hired a general contractor who did a major renovation to our home. He has since passed away. The wood floors installed at the time have warped significantly. We do have a copy of the contract used by the floor subcontractor. We suspect the floor subcontractor did not install adequate... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

If you never made a contract with the subcontractor, I don't see a claim there for breach of contract. But if the subcontractor was unlicensed, then you may file a claim for that with the state board. You can also possibly file a lawsuit against the deceased contractor's estate if you... View More

1 Answer | Asked in Construction Law and Contracts for California on
Q: How to get compensation from negligence of construction project?

Large amounts of dust and dirt accumulated in my home, pool and property from the construction project. Two of the supervisors promised that they would "take care" of my pool and cleanup of my home. Well they are all done and they took care of nothing.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

It depends on the terms of your contract, but typically such clean-up work should be part of any residential construction contract. You may be able to sue them for such clean-up costs in small claims court, if you already paid to have professionals clean up the area. You can also hire an attorney... View More

1 Answer | Asked in Contracts and Construction Law for California on
Q: Do I need a lawyer for a construction project that's abandoned or just file a claim with the CSLB and rely on mediation?

The contractor requested materials to be paid upfront, I paid 16,000 of the 19,000 contract to build cabinets, seating area, resurface the ceiling and establish better lighting. The cabinets were partially completed and delivered to my garage but he refuses to install them and complete the project... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 8, 2016

Your rights and remedies are determined by the contractual terms between you. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.

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