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On SC-100 form, Plaintiff (P) (on behalf of his corp) under the penalty of perjury stated that Defendant (D) signed a contract for $9,200. In reality, D was never given any contract before the start of work and had never signed any contract. P had done some work on the property of D without the... View More 
answered on Apr 30, 2024
A: I need to know more facts for a better answer, but here are some of my estimations:
1. As you mentioned, there can be a challenge for the Small Claim's (SC) lack of jurisdiction over the case.
2. You may be able to claim "abuse of discretion" in admitting evidence.... View More
On SC-100 form, Plaintiff (P) (on behalf of his corp) under the penalty of perjury stated that Defendant (D) signed a contract for $9,200. In reality, D was never given any contract before the start of work and had never signed any contract. P had done some work on the property of D without the... View More
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answered on Apr 27, 2024
In this case, the Defendant (D) has several potential arguments to appeal the Small Claims court decision and have the case dismissed:
1. No valid contract: D can argue that there was no valid, enforceable contract between the parties since no contract was signed by either party. Without a... View More
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answered on Apr 25, 2024
Under California law, a subcontractor who has not been paid for work performed has several options to seek payment from the contractor. Here are some of the main options:
1. Mechanic's Lien: A subcontractor can file a mechanic's lien against the property where the work was... View More
We are an S-Corp Contractor in California. We are a 3rd tier sub and we filed a mechanics lien because our customer has not paid us the full amount due. This is a private job, but we discovered during filing the lien that the property is owned by a County and leased to who we were told was the... View More
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answered on Apr 23, 2024
Under California law, you may have some recourse even though the property is owned by the county. Here are a few potential options:
1. Stop Payment Notice: In California, if you are not paid on a construction project, you can serve a stop payment notice on the owner, even if the owner is a... View More
During construction of the roof, there was a rainstorm. The worker was instructed to lay tarps on the roof before departing to protect the unfinished roof from damage. He failed to due so, and I had leaks coming into the house. The foreman of the job came during the rainstorm to patch the leaks and... View More
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answered on Apr 11, 2024
Based on the information you provided, it seems that the leak in your roof may be due to the improper installation and the failure of the worker to protect the unfinished roof during construction in 2012. In California, the statute of limitations for construction defects is typically 10 years from... View More
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answered on Mar 30, 2024
Under California law, if a client has refused to pay your closing invoice for services rendered, you have several steps you can take to pursue the payment owed to you. Initially, it's advisable to attempt resolving the dispute amicably by contacting the client directly to discuss the issue.... View More
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answered on Mar 29, 2024
Under California law, when facing a situation where a client refuses to pay the remaining balance on an invoice, you have several avenues to consider. Initially, you should attempt to resolve the dispute amicably by communicating directly with the client. It's beneficial to review the contract... View More
The contractor brought in all the subcontractors into the case.
Do I need to deal directly with the subcontractors or just with the contractor’s personal attorney and his insurance attorney?
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answered on Mar 8, 2024
In a residential construction defect case in California where the general contractor has brought in subcontractors as cross-defendants, you will primarily deal with the contractor's personal attorney and their insurance attorney. However, there may be instances where you or your attorney will... View More
My property is 2 years old and till current having issues poor workmanship poor material quality etc
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answered on Feb 26, 2024
Under California law, homeowners who discover construction defects in their properties have rights and options for recourse. These defects can range from poor workmanship to the use of substandard materials. Given your property is only two years old and experiencing such issues, you may have a... View More
We filed against our contractors bond because he abandoned the job and his worked caused an injury and is faulty. He has subsequently filed a bogus mechanics lien and not followed the law for filing it.
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answered on Feb 24, 2024
In California, if you're facing a fraudulent mechanic's lien filed by a contractor, there are specific steps you can take to fight it. First, it's important to gather all relevant documentation, including any contracts, correspondence, and evidence of the work performed (or not... View More
The property is located in Orange County CA
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answered on Feb 22, 2024
In California, if a property is subject to a trustee sale and there is a valid mechanic's lien in place, the lien may still have priority depending on the timing of the lien and the deed of trust being foreclosed on. Mechanic's liens for work performed on the property can take priority... View More
Nothing of the existing structure was visible from my house. It had been this way since I bought my house in 1998. It is in the framing process now. Not sure about roofline. It is already effecting the best part of my ocean view. We are on opposite sides of a freeway. Not sure if I should have been... View More
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answered on Feb 21, 2024
Based on the information provided, it is likely legal for your neighbor to tear down their existing single-story home and build a new two-story home, even if it impacts your ocean view. However, there are a few things to explore that may provide some recourse:
- Check if there are any local... View More
How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More
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answered on Feb 22, 2024
With respect to California's Public Contract Code (PCC) 10140, here are a few options state agencies could consider to reduce advertising costs for construction project bids:
1. Advertise online instead of print newspapers: The law allows publication of bid advertisements in a... View More
How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More
answered on Feb 7, 2024
There are no published cases interpreting this statute, however the phrase "newspaper of general circulation" in section 100140(a)(1).
However, it has been defined as:
A “newspaper of general circulation” is a newspaper published for the dissemination of local or... View More
Mid work the client stopped the contractual payments due to his stating of financial/loans delays on his part. Client then requested structural changes to cut cost delaying production time and creating loss of opportunity. After about 6 months of constant communication and proposed changes to the... View More
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answered on Jan 28, 2024
Under California law, when a client breaches a construction contract, you have several options for recouping monetary losses. First, you can send a formal demand letter to the client outlining the breach and requesting payment for the work performed and any other damages incurred due to the breach.... View More
I hired an unlicensed "contractor" on the recommendation of family members to do a bath and kitchen remodel. After paying him more than $10,000, I fired him because of the poor quality of the work he did on the bathroom remodel and the kitchen planning. The bathroom has to be completely... View More
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answered on Jan 28, 2024
In California, hiring an unlicensed contractor can complicate the process of recourse for poor quality work. However, you do have options to pursue. First, you can consider filing a complaint with the California Contractors State License Board (CSLB), which handles disputes involving unlicensed... View More
I hired an unlicensed "contractor" on the recommendation of family members to do a bath and kitchen remodel. After paying him more than $10,000, I fired him because of the poor quality of the work he did on the bathroom remodel and the kitchen planning. The bathroom has to be completely... View More
answered on Jan 29, 2024
In addition to what Mr. Arrasmith said, there are specific statutes in CA that provide remedies and civil penalties for those who have hired unlicensed contractors. These state that you are permitted to recover all money you paid to the unlicensed contractor regardless of whether you knew they... View More
No privacy & noise.
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answered on Jan 25, 2024
In California, tenants have the right to quiet enjoyment of their rented property. This means your landlord should inform you about any significant disruptions, like construction, that could affect your living conditions. The lack of notice and the resulting noise and privacy issues you're... View More
CSLB already completed their investigation and confirmed that he is unlicensed.
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answered on Jan 18, 2024
To file a disgorgement suit against an unlicensed contractor in California, you'll need to start by preparing a complaint that outlines your case. This complaint should include the details of the contractor's unlicensed status, the work performed, and the amount paid to the contractor.... View More
I did construction job ,I don't have license. Now the owner wants her money back or small clim crt.
The job done under LLC name ,
Can she sue me or she can sue the LLC?
Which better: give her money back face to face ?or go to court? Please help
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answered on Jan 14, 2024
Under California law, performing construction work without a contractor's license can lead to serious legal consequences. If you completed a job without a license, the client has the right to request a refund, even if they were initially satisfied with the work.
The legal liability in... View More
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