Ask a Question

Get free answers to your Construction Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Construction Law Questions & Answers
2 Answers | Asked in Construction Law for California on
Q: I am a General contractor Valid Lisc. How long does a home owner have to notify me of the deects on the home?

They owned the property. Califoenia property

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

In California, the timeframe for a homeowner to notify a contractor of defects in a home they own can vary based on several factors. It's important to consider the nature of the defect and the specific terms of your contract with the homeowner.

Generally, under California law,...
View More

View More Answers

2 Answers | Asked in Construction Law for California on
Q: I am a General contractor Valid Lisc. How long does a home owner have to notify me of the deects on the home?

They owned the property. Califoenia property

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

In California, the statute of limitations for construction defects generally provides homeowners with ten years to file a lawsuit for latent defects, which are defects that are not immediately apparent. This ten-year period typically begins from the date of substantial completion of the... View More

View More Answers

1 Answer | Asked in Construction Law and Real Estate Law for California on
Q: No contract with our GC ,fired him, never agreed to his percentage take. He wants 30K, if we don’t pay can he place Lien

It has been well over 20 days, no contract was signed and he made some egregious mistakes and never stuck to project due dates that cost us 40k. We paid him 45k before our barn was completed, even after he told us it would be around 25k. He never finished the barn (only trim and doors left) but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

In California, a contractor can file a mechanics lien for work done on a property, even if there was no formal contract. However, there are specific time frames and conditions that must be met. For residential projects, the contractor typically has 60 days from completion of the work to record a... View More

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Land Use & Zoning for California on
Q: how do i file a breeh of contract an demand for payment and lean on sed real property forth with .

a non lycenced contractor /bilder went into a writin contract with a home ower ,secured full payment, for work and materearls, and then no call no show by due date of sead work .

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In California, if you're facing a situation where a contractor has breached a contract and failed to perform the agreed-upon work, you have several legal options. First, you should consider sending a formal demand letter to the contractor, outlining the breach and requesting the fulfillment of... View More

1 Answer | Asked in Civil Rights and Construction Law for California on
Q: I need a lawyer for my case my private Entrance has been blocked for over 8 months
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2023

In your situation, where your private entrance has been blocked for over eight months, seeking legal assistance is a wise step. Under California law, you have rights regarding the access and use of your property.

The first action is to find an attorney who is experienced in property law and...
View More

3 Answers | Asked in Construction Law and Contracts for California on
Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices.

She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement.

Treg A. Julander
Treg A. Julander
answered on Dec 11, 2023

You could first send a demand letter on attorney letterhead to see if that provokes her to make the past-due payments. If that doesn't work, you could file a lawsuit for breach of contract. If your work contributed to a work of improvement, you may be entitled to record a mechanics lien... View More

View More Answers

3 Answers | Asked in Construction Law and Contracts for California on
Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices.

She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2023

In California, if a client is in breach of contract by refusing to pay for services rendered, you have several legal options to consider.

First, you should send a formal demand letter to the client outlining the breach (non-payment of invoices) and the consequences if the payment is not...
View More

View More Answers

3 Answers | Asked in Personal Injury, Construction Law, Wrongful Death and Municipal Law for California on
Q: How to file a lawsuit against the county
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023

Filing a lawsuit against a county in California requires several specific steps. First, you need to determine the legal basis for your lawsuit. This involves identifying the specific actions or inactions by the county that you believe have harmed you and how they violated the law or your rights.... View More

View More Answers

1 Answer | Asked in Civil Litigation, Construction Law and Small Claims for California on
Q: Hello, Can an individual sue CA Registrar of Contractors up to $10,000 when Building Contractor violates law?

On both Riverside and San Bernardino Counties Court websites, in the Small Claims information section, there’s a notation in small print stating you can sue the Registrar of Contractors up to $10,000 — What To Do When Your Contractor Won’t Pay (Plaintiff’s Small Claims Judgment against... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

In California, suing the Registrar of Contractors (ROC) directly in a small claims court for a violation by a building contractor is not a typical course of action. The ROC is a regulatory body, and their role is to license and oversee contractors, not to act as a party in contractual disputes... View More

1 Answer | Asked in Construction Law and Landlord - Tenant for California on
Q: Who is liable for property damages?

In California, an apartment complex hired an outside contractor to paint the fence. The hired contractor negligently sprayed the fence without covering any cars along the fence. My truck is covered in paint overspray. The landlord is pointing fingers at the contractor to be liable, and the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023

Under California law, the primary responsibility for damages caused by negligence typically falls on the party who directly caused the damage, in this case, the contractor. Given that the contractor admits to the negligence leading to the paint overspray on your truck, they would be the first party... View More

2 Answers | Asked in Contracts and Construction Law for California on
Q: If you enter in to a lump sum contractor with a HUD or RD rider that limits the GC profit to 14%, but are making more.

The lump sum was based on unit price, can you ask for back up such as sub contract for the GC?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

Under California law, if you have entered into a lump sum contract with a HUD or RD rider limiting the general contractor's (GC) profit to 14%, but suspect they are making more, you have certain rights to review documentation. The lump sum based on unit price should have clear, itemized... View More

View More Answers

3 Answers | Asked in Construction Law and Contracts for California on
Q: I have been sent a lawsuit threat for using design builds from a contractor business.

The lawsuit was sent as a text message and stated

“To whom this may concern,

This message is to inform you of the filing of an LLC for (JC construction) Your willful involvement in the forming of (J and C construction) is a legally binding contract and acceptance of all terms... View More

Nashir Ahmed Kushol
Nashir Ahmed Kushol
answered on Nov 15, 2023

Firstly, regarding the lawsuit threat:

1. Evaluate the Formality and Legitimacy: Typically, legal actions are not initiated via text message. Official communication for legal matters is usually conducted through formal channels like certified mail or legal counsel. The informal nature of a...
View More

View More Answers

3 Answers | Asked in Construction Law and Contracts for California on
Q: I have been sent a lawsuit threat for using design builds from a contractor business.

The lawsuit was sent as a text message and stated

“To whom this may concern,

This message is to inform you of the filing of an LLC for (JC construction) Your willful involvement in the forming of (J and C construction) is a legally binding contract and acceptance of all terms... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2023

In California, the enforceability of such a claim in the text message you received is questionable. Generally, merely learning a skill or technique from someone does not create an enforceable right for them to prevent you from using that skill, especially if it's a common method in the... View More

View More Answers

1 Answer | Asked in Personal Injury and Construction Law for California on
Q: can you sue the torch lighter company for a torch lighter that has no safety lock on it and malfuntioned and stayed on a

can you sue the scorch torch lighter company for a torch lighter that has no safety lock on it and malfuntioned and stayed on after lighting a cigarette and placed back in jacket pocket and remained on and caught me on fire?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2024

You may have grounds for a product liability lawsuit against the torch lighter manufacturer if their product caused you injury due to a defect or lack of proper safety features. Product manufacturers have a legal obligation to ensure their products are reasonably safe for their intended use.... View More

1 Answer | Asked in Business Law, Real Estate Law and Construction Law for California on
Q: I paid for a business permit that was approved to change business type . Zoning the same . Not a conditional use permit.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2024

For legal matters involving business permits, it's crucial to understand the specific context and timeline of your situation. Your approved permit for changing business type, with consistent zoning, forms the foundation for your business operations.

If you're encountering issues...
View More

1 Answer | Asked in Construction Law for California on
Q: Roofing Contractor Failed to Get Required Inspection, Do I Need to Pay for this Work?

I hired a roofing contractor that skipped having a required tear-off inspection prior to installing new roofing materials. Dry rot was found on the roof plywood. He has now filed a mechanics lien so as to be paid for his non-inspected work. We are at impasse. A final inspection cannot be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2024

Under California law, your roofing contractor's failure to obtain required inspections may constitute a material breach of both the contract and building codes, potentially invalidating their right to full payment. California Business and Professions Code § 7090 allows the Contractors State... View More

1 Answer | Asked in Banking, Civil Litigation, Construction Law and Contracts for California on
Q: How do I dispute a $40,000 charge on a backyard renovation that did not get completed as agreed per the contract?

We had a back yard renovation done in 2022. We agreed and signed to pay $40000 according to the plan and the blueprints that were written out.

The team completed the job, but upon completion we noticed they did it wrong (example, pavers on the wrong side of the property, missing a concrete... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2024

Start by gathering all your documentation, including the signed contract, blueprints, photographs of the completed work, and any correspondence with the renovation company. Review the contract carefully to identify the specific terms and conditions related to the work completed and the payment... View More

1 Answer | Asked in Construction Law, Environmental, Land Use & Zoning and Municipal Law for California on
Q: How do I file for a Preliminary Injunction in Lake County, Ca

Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.

I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

To file for a preliminary injunction in Lake County, California, you'll need to start by preparing a legal complaint that outlines your concerns and the reasons you're seeking the injunction. Include all relevant evidence, such as photographs of the tree line and information about the... View More

1 Answer | Asked in Construction Law, Environmental and Land Use & Zoning for California on
Q: I live in Lake County,CA fire area. I Need Prelim- Injunction to stop New Builders from put WOOD Fence under Tree stand.

I partially saved my property in the inhialating 2016 Lower Lake Clayton Fire, including a Stand of 50 year old Eucalyptus Trees that line my 100 foot long driveway & property line. 6 Trees

1 acre land.

New Builders want to errect a 6 foot WOOD fence Directly Under my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

I'm sorry to hear about the challenges you're facing with the new builders. To obtain a preliminary injunction, you should gather all relevant documentation, including photographs of your eucalyptus trees and the proposed fence location. This evidence will support your claim that the... View More

1 Answer | Asked in Real Estate Law, Construction Law and Small Claims for California on
Q: Can house flippers be responsible for home repairs after the house is sold?

In 2020, we bought a house that was "flipped". There have since been so many issues with the house due to faulty construction/build. For example, the new windows leak and the deck is leaking. Is it possible to reach back to the house flipper to have him pay for repairs due to faulty... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2024

In California, house flippers can be held liable for repairs if they failed to disclose known defects or if they conducted negligent or faulty construction work. If the defects, such as the leaky windows and deck, are due to poor workmanship or concealed issues that were not disclosed at the time... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.