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California Construction Law Questions & Answers
2 Answers | Asked in Construction Law, Small Claims and Municipal Law for California on
Q: Hello, One of my neighbor's and I had been discussing the need to repair the fence between us. The damage was caused

by the tree on their side of the fence. It pulled up the cement and tilted one of the posts. I have photos of the damage and the tree. I had lined up someone to come give an estimate. I have email exchanges. The last we left it, she was going to coordinate the cement work with when I had the... View More

Adam Stoddard
Adam Stoddard
answered on May 19, 2023

You should refer to California Civil Code Section 841 which addresses homeowner's responsibilities and rights when it comes to fence repair with adjoining neighbors. You could just tell them to pound sand, but that wouldn't be very neighborly. I would suggest explaining what you said... View More

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1 Answer | Asked in Consumer Law and Construction Law for California on
Q: Do I have a claim if I sue my Solar company due to their subcontractornegligence?

I got my solar installed on October 2021. I got my roof leaking on first quarter of 2022 due to solar company sub-contractor negligence. I found out they damaged my tiles and my roof underlayment is in bad condition. Reported leak to solar company and contractor came by to fix the issue. For the... View More

James L. Arrasmith
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answered on May 7, 2023

It may be possible to have a claim against the solar company for the damages caused by their subcontractor's negligence. You may be able to seek compensation for the costs associated with repairing your roof and any other damages caused by the leak. Additionally, if the solar company... View More

1 Answer | Asked in Consumer Law, Construction Law and Energy, Oil and Gas for California on
Q: Can atcaa deny insulation services due to the age of a home being older than 1972
James L. Arrasmith
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answered on May 1, 2023

ATCAA, or Amador Tuolumne Community Action Agency, may have specific requirements for providing insulation services based on the age of a home. It's possible that they may have restrictions or limitations on providing insulation services for homes built before a certain year, such as 1972.... View More

1 Answer | Asked in Real Estate Law and Construction Law for California on
Q: Do I have rights to sue?

We bought a home. It was disclosed stairs leading to house would be fixed prior to closing. But deck adjoining would be for us to take care of. Inspection was done and stairs were built after. Now as we were planning on fixing deck were told by 2 contractors that stairs are unsafe not to code and... View More

James L. Arrasmith
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answered on Apr 25, 2023

If the seller of the home disclosed that the stairs leading to the house would be fixed prior to closing and the repairs were completed, but the stairs are now found to be unsafe and not up to code, you may have grounds for legal action.

One possible course of action is to contact the...
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1 Answer | Asked in Contracts, Business Law and Construction Law for California on
Q: Can an answer to complaint be filed with cm- 015 in lieu of POS 030? & what if the party didn't serve the related case

it was a cross complaint served separately on 11/6/22 on 2 people (substitute) and 1 cross defendant filed an answer for both of them on 12/16/22, they had someone else priority mail the answer on 12/20 ith a signed cm-015 inside. then the party named filed the proof of service for notice of... View More

James L. Arrasmith
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answered on Apr 12, 2023

Under California law, when a defendant is served with a complaint, they generally have 30 days to file a responsive pleading, such as an answer or a motion to dismiss. The correct form to use when filing an answer to a complaint in California is the POS-030 form, which is the... View More

1 Answer | Asked in Construction Law and Landlord - Tenant for California on
Q: When renting a house that is under construction, do the renters need to pay for the electricity used by the workers
James L. Arrasmith
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answered on Mar 24, 2023

In California, the answer to this question will depend on the specific terms of the lease agreement between the landlord and the tenant. If the lease agreement states that the tenant is responsible for paying for electricity used on the property, then the tenant may be responsible for paying for... View More

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Employment Law for California on
Q: How Does A Company / Corporation Protect from Liability of California ( Protection Laws) from a stooge person in employ
James L. Arrasmith
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answered on Mar 21, 2023

There are several steps a company or corporation can take to protect themselves from liability for the actions of a "stooge" employee:

Establish clear policies and procedures: A company should have clear policies and procedures in place that prohibit illegal or unethical behavior,...
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1 Answer | Asked in Construction Law for California on
Q: Hello I hire some one to do some work on my house I didn’t sign a contract

I hire him whit out of contract I paid him everything now he is gone he didn’t finish he left everything half way done

James L. Arrasmith
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answered on Mar 13, 2023

I'm sorry to hear that you are experiencing problems with a contractor you hired to do work on your house. While it is possible to hire a contractor without a contract, having a written agreement in place can help protect your interests and provide a clear understanding of the work to be done,... View More

2 Answers | Asked in Contracts and Construction Law for California on
Q: Do I have a case and if so what type of case do I have?

During and ever since the completion of pool construction I have encountered many problems. In less than a month I started encountering filter problems. About 6months in the plaster started cracking, the filter has constantly been going out and needing to be repaired. Also the filter and pump are... View More

Shawn R. Jackson
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answered on Mar 10, 2023

Well, the first task is to review the construction contract ... and then to review any images or communications of the work-in-progress ... and then to determine the current state of the pool and adjacent area ... so, you will want to schedule a free initial video call with at least two attorneys... View More

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2 Answers | Asked in Construction Law and Business Law for California on
Q: If you buy a construction company in California do you get their license as well?

If you buy a construction company in California do you get their license and does the owner that holds the license need to stay on board? If the license holder, quits, is fired or for any other reason leaves the company would the license stay with the new owner?

Thank you!

Adam Stoddard
Adam Stoddard
answered on Mar 9, 2023

A company cannot get a contractor's license, at least to my knowledge. An individual can obtain a contractor's license, then setup a company (sole proprietorship, LLC, corporation, etc.) and then that company can contract under that individuals license. Thus, if you were to buy a... View More

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1 Answer | Asked in Contracts and Construction Law for California on
Q: Asked befor how find out re violations CSLB letter.i filed complaint.im not contractor.cslb said they won't tell me.

Several complaints,,1 form.don to get know which were violations.

James L. Arrasmith
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answered on Feb 21, 2023

If the CSLB (Contractors State License Board) has informed you that they cannot share information about the complaints or violations you filed as a non-contractor, there may be limited options for you to obtain the specific details about the violations.

One option you may consider is to...
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1 Answer | Asked in Construction Law for California on
Q: I have done construction work under contract on several jobs. Zero money has been paid. Am I responsible for the work?

I entered into contracts for repair work on a residence that was in a trust. I delayed payment for the projects until the trustor passed as a courtesy. After the trustors passing family members disputed the trust. A Judge has ruled that the Trust is not liable for payment since the contracts were... View More

James L. Arrasmith
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answered on Feb 20, 2023

As a contractor, you may be liable for defects in workmanship or upkeep even if you have not been paid for the initial work. However, liability for defects may depend on the terms of the contract you entered into with the property owner. If the contract contains warranty provisions, you may be... View More

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for California on
Q: We sign our solar contract in August 2022 to buy our panels. The contact states that the work would be completed by

11/17/22. As of today 1/31/23 we have no solar. The panels have been installed but no final inspection and just excuse after excuse to get the job done. The also replaced our electrical panel and left an opening in the stucco for 3 weeks and rain got into the wall and now the living room wall is... View More

James L. Arrasmith
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answered on Feb 20, 2023

If the solar company has breached its contract by failing to complete the work by the agreed-upon deadline and by causing damage to your property during the installation, you may have grounds to file a lawsuit to seek compensation and force the company to complete the job. It's always a good... View More

2 Answers | Asked in Construction Law and Business Law for California on
Q: Hi, we have had an LLC B-lic construction company for 16 years, we gave RMO 2 years ago, and he got a CSLB complaint.

The RMO tried to get a settlement with the customer many times, but he refused, and now CSLB has started its investigation.

1. How does it Affect me?

2. will it show on CSLB on my license?

3. What are your recommendations?

Thank you!

Adam Stoddard
Adam Stoddard
answered on Feb 16, 2023

I believe the CSLB will perform an investigation; however, if there are no violations found, they likely will take no action. If there are violations found, the CSLB could suspend your license, revoke the license, make you pay a fine/penalty, public letter of reprimand, etc. I do not believe the... View More

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2 Answers | Asked in Construction Law and Contracts for California on
Q: We signed a solar contact in August 2022 and per our contract our completion date was 11/21/2022. we still have no solar

We have panels install but not connected to SCE yet. It has been a horrible experience and we now have water damage to our living room wall where they left a hole in our stucco when they installed a new electrical panel.

Adam Stoddard
Adam Stoddard
answered on Feb 8, 2023

It sounds like this has been a terrible experience to say the least. You may have a breach of contract case as well as a cause of action for negligence. You should consult a lawyer to review the contract. Is the solar company refusing to repair the damage to the living room wall? If they opened up... View More

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2 Answers | Asked in Construction Law and Employment Law for California on
Q: After how many consecutive days of no work, can you determine a contractor has abandoned the job?

California contractor walked out of job claiming he needed payment, and has not returned for 60 days. Job approximately 90% complete and payment of 80% made. However, many errors on project (ie. contractor painted schluter as wrong color installed, 4" vs 6" backsplashed installed,... View More

Adam Stoddard
Adam Stoddard
answered on Feb 2, 2023

You may want to get an attorney involved. Often times I have found that simply having an attorney send a demand letter to the contractor, that motivates the contractor to complete the project in a timely manner. I am representing two homeowners right now with a similar set of facts. As soon as I... View More

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2 Answers | Asked in Employment Law and Construction Law for California on
Q: If people pay me to find them floor installers and to manage them the job do I need to be licensed, insured or anything?

I quote flooring installs in California, find someone to do the job (not my company or employees), charge a percentage of the job for finding a floorer to do the job and make sure the job is done right. I'm not a contractor or anything like that. I just connect homeowners with service... View More

James A. Greer
James A. Greer
answered on Jan 24, 2023

Dear Flooring Installation "Manager": This will not be a sugar-coated reply, and so for that I apologize; however, the conduct that you have described violates California State License Law as you are operating as a contractor without a license. "Finding someone to do the... View More

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1 Answer | Asked in Collections, Contracts and Construction Law for California on
Q: Can a home contractor cancel without notice, demand payment in three days, then send to collections during negotiations?

A contractor had two projects on a single dwelling home and only completed one. Attempts made to get the second done were either not answered, or appointments made only to be canceled, for four months after the first part was completed. When the issue was escalated to the contracting company... View More

Joshua D. Brysk
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answered on Jan 19, 2023

It sounds like there is still a possibility to negotiate a solution which will be most beneficial for both parties. If direct talks are not working, I would to the contractor that a mediation be used. If a resolution cannot be reached, each party has potential claims and only a thorough review... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Construction Law for California on
Q: What kind of lawyer do I need to hire?

I was served a lis pendens for something my contractor told me I didn't need to pay for. The manufacturer of the solar panels served me for non-payment, but I was advised by my contractor not to worry. I want to hire someone to protect myself and my house

James A. Greer
James A. Greer
answered on Jan 17, 2023

Dear Client with recorded Lis Pendens: To answer the question "what kind of lawyer" that you need, the answer is: a construction litigation lawyer. I am concerned on your behalf when you mention that the Solar Panel supplier "served me for non-payment" - this connotes that... View More

2 Answers | Asked in Bankruptcy and Construction Law for California on
Q: Can an insurance still be liable to pay for damages after their client has filed for bankruptcy & license revoked?

A licensed contractor was hired to paint my house. They demolished parts, caused many expensive damages, then abandoned job. State Licensing Board investigated, agreed of damage & license was revoked. Contractor hid to not pay. I filed a claim with their insurance with 3 estimates of each... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 20, 2022

Whether the insurer is obligated to pay out on your claims depends on the terms of the insurance policy, but the bankruptcy itself should not affect that.

You need to retain an attorney if you don't have one (an attorney to proceed against the insurer can probably also deal with the...
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