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A contractor is threatening to file a lien on my property? They didnt finish the job, I paid them $10,000 of $13,000 in good faith. I have a missing bed, and 6 missing boxes with purses and other items well over $3,000. They also damaged some items, What should i do to fight this?
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answered on Aug 21, 2024
First, gather all the documentation related to the job, including the contract, receipts, and any communication with the contractor. This evidence will be crucial if you need to dispute the lien or take legal action. Make sure to take detailed photos of the incomplete work, any damages, and the... View More 
We rent an apartment with an attached garage at Alborada Apartments. The property manager gave us short notice (<6 days) that they're converting our garage into an ADU in a few days. We question the legality and appropriateness of this notice, as we never received prior communication. The... View More
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answered on Aug 17, 2024
You have valid concerns about the short notice your landlord provided for the garage conversion. Under California law, landlords must give tenants "reasonable notice" for major changes like this, especially if it affects your use of the property. Six days' notice may not meet the... View More
I am in a construction litigation, and I hired a construction expert to do a report on cost of repairs.
After that I hired an attorney to represent me in this Construction defect case.
Now my attorney calls my expert to ask him questions without my knowing or consent.
What... View More
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answered on Aug 9, 2024
In construction litigation, communication between your attorney and your expert witness is generally expected as part of preparing your case. However, your attorney should ideally keep you informed about significant discussions, especially if those discussions could impact your strategy or... View More
This litigation is going on for four years and the opposing party is not making any offers. We already had two mediation meetings and I have spent a significant amount of money.
Is it necessary in trial preparation that my attorney takes deposition of the subcontractors if I am not suing... View More
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answered on Aug 9, 2024
In your situation, deposing the subcontractors can be a strategic move, even if you are not suing them directly. Their testimonies might provide valuable insights into the construction defects and help establish the main contractor's liability. This could be especially important if the... View More
In June 2024, Tenant (T) recorded a Mechanics Lien (ML) on rental property in escrow that the Landlord (LL) was selling. T claimed that he got improvements done in Sept 2022 and spent $12,000. T did not give a copy of any contract for work, bills, or receipts for the money he claimed. For the ML,... View More
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answered on Jul 18, 2024
To address the situation, the first step for the landlord (LL) should be to ensure all procedures related to the surety bond and mailing the notice to the tenant (T) have been correctly followed as per California Civil Code 3144.5. Keeping detailed records of these actions is crucial in case of... View More
So my vehicle's been in the private tow company tow yard since March 1st it's release but I don't have the money to pay for it to charge me $8,000 to get it released however I found the paperwork that states it was released on the 15th of March so that is 15 days in and pound instead... View More
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answered on Jul 18, 2024
It sounds like you’re in a tough spot with your vehicle being held for such a long time and the fees adding up. First, gather all your paperwork, especially the document that states your vehicle was released on March 15th. This will be crucial evidence for your case.
You can file a claim... View More
Thank you Mr. Arrasmith for taking the time to reply to my first question. I couldn't fit the whole story but you've solved 90% of my question. I just want to add more detail of 2 party consent. I have a security camera in my living room that records 24/7. The discussion was purely... View More
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answered on Jun 17, 2024
Based on the additional information you've provided, here are a few key points to consider:
1. Two-party consent: In California, both parties must consent to the recording of a confidential communication. However, if the conversation was purely business-related and not confidential,... View More
A friend let a used car dealership sell his car. The dealership fraudulently got the title from bank without paying off loan. That left my friend still owing the money to the bank in spite of the car being sold. My friend had an attorney and got an agreed settlement amount that the dealership... View More
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answered on May 2, 2024
I'm sorry to hear about your friend's difficult situation with the fraudulent dealership. This is a complex legal matter, but there may still be some options available for your friend to explore:
1. File a complaint with the California Department of Motor Vehicles (DMV): The DMV... View More
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answered on Apr 5, 2024
Based on the information you provided, it seems that you accidentally caused a wooden utility pole to break by dropping a branch on the power line. You mentioned that the branch was not heavy and the pole was old and rotten.
In this situation, your legal responsibility may depend on several... View More
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answered on Feb 21, 2024
Under California law, the decision to perform an autopsy in cases of suicide typically lies within the discretion of the coroner or medical examiner. While autopsies are often conducted in cases of suspicious or unexplained deaths, they may not be required in all instances of suicide. The decision... View More
I have Bathroom remodel project x 2 that was to take one month (verbal) that is now into 4th month with no sign of completion due to day after day, and now weeks of no-shows, with a lack of communication. One bathroom completed with a few issues that still need to be addressed, and the other... View More
answered on Nov 2, 2023
If the contractor is licensed, you should be able to make a claim against his license bond. You can also file a complaint with the Contractors State License Board. If the complaint is well founded the CSLB can order the contractor to pay for your damages at the risk of suspension of his license. If... View More
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answered on Oct 24, 2023
In California, when applying for a contractor license, applicants often rely on their work experience under a licensed contractor to satisfy certain eligibility criteria. If your employer refuses to certify your work experience, it may impede your ability to obtain your license.
However,... View More
I recently purchased a property in the state of California. Right before contract closed, I was disclosed that a purchase order for electrical work would occur on the property. This work was contracted out and paid in full by the previous management company/previous owners prior to closing. After... View More
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answered on Oct 23, 2023
In California, a change order is generally an amendment to a construction contract, and the party responsible for payment is typically the party to the original contract. If you did not sign the original contract or the change order, you are generally not obligated to pay for it.
Text... View More
I own a legal duplex (in the title) that has 2 unpermitted units. One of the previous owners created those 2 unpermitted units from one of the duplex's interiors a long long time ago and rented them out. The previous owner (the one who sold the property to me) went through tenant relocation... View More
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answered on Oct 15, 2023
California's SB 330, also known as the Housing Crisis Act of 2019, aims to expedite housing production and prevent the loss of existing housing stock. Under SB 330, local agencies are restricted from reducing the number of housing units on a property, even if some units are unpermitted.... View More
My home remodel is $250k. The contractor is asking for $85k so they can order rough materials upfront. I didn't think they could do that, as the legislation says "IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED.... View More
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answered on Oct 12, 2023
Certainly. Under California law, contractors cannot demand or receive payment before the work is completed or before the materials are delivered. However, they are allowed to ask for a down payment. The Business and Professions Code specifies that a contractor's down payment for home... View More
Hello
My name is Jackie, and I represent [Company 1]. We urgently require legal counsel and representation. We would greatly appreciate it if qualified lawyers could review our case. If you believe you meet the criteria and can assist us, please get in touch.
Background:
On... View More
answered on Oct 8, 2023
Sometimes there is an overlap between civil disputes that can cross over into the area of criminal law. This very well could be one of those situations and depends upon specific circumstances. Typically, in a civil case the disagreement is about money, or a contractual dispute over terms agreed... View More
Is there any OSHA or Labor law Against removing safety wires from 30+ ip security cameras hung upto 15ft high. I let my company know it's not safe because the bracket they want me to install is not compatible with the camera and the Alterations are not allowing the camera to be secured... View More
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answered on Sep 13, 2023
California’s Occupational Safety and Health Act of 1973 obligates employers to provide a safe and healthful workplace for all employees. Altering safety equipment or installing equipment in a manner that is not secure could potentially violate Cal/OSHA requirements. If you believe that the... View More
The contract for the General Contractor (that we are subcontracted with on a public works project) in California has been terminated by the Owner. We have been gathering documents for the Surety company so we can get paid for the balance that is due to us. One thing that the Surety mentions is we... View More
answered on Sep 11, 2023
Civil Code section 9300 requires subcontractors to give a preliminary notice to the owner and the prime contractor before the subcontractor is entitled to assert a claim against a payment bond or serve a stop payment notice. The preliminary notice gives the owner and prime contractor basic... View More
Customer refuses to pay me the remaining $22,000 he owes. It’s a solar system. It’s passed inspection. And approved by PG&E for use. It’s a $4 million home. The guy is loaded. Just being an a*****. Anyone taking anything on contingency? I don’t want to throw more money at this but if... View More
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answered on Sep 10, 2023
I understand how frustrating this situation must be. In California, to enforce a lien on someone's property, you would initiate a foreclosure lawsuit in a court with appropriate jurisdiction; success in that lawsuit could potentially allow you to force the sale of the property to recover the... View More
We sent to the Property Owner 10 days notice of Intent to Lien, but the Owner said it isn't correct procedure. Only 20 days Notice of Intent to Lien suppose to be in accordance with law in California
answered on Sep 5, 2023
Unless you have a direct contract with the owner, you only have lien rights if you serve on the owner a preliminary notice 20 days before furnishing the labor or materials. There is no requirement in California law that you serve a notice of intent to lien. It is a courtesy notice to tell the owner... View More
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