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answered on Dec 19, 2022
Was the roofer's job complete or were the materials left behind because the job was ongoin? I do not think it would make a difference either way, as I would not think the roofer would be liable for a third-party's actions unless it was somehow foreseeable. I'm not sure why you would... View More 
This customer was a problem from the very start. Comparing my methods and approach to youtube videos and telling me I wasn't doing the installation correctly. From then on he constantly complained about every single little step of the project. Eventually Myself and my crew needed a break from... View More
answered on Nov 22, 2022
Did you have a contract with the homeowner? You are entitled to be paid for the work performed and materials delivered to the project. Given that you are only out about $3K, this would be a small claims matter.
For instance, if the contractor had left a compact tractor on the property, and over a weekend when neither the homeowner or contractor were there, someone pushed the tractor into the siding on the home, causing damage, would the contractor be liable for the damaged siding since they were the one... View More
answered on Nov 17, 2022
No, the person who moved the backhoe actually caused the damage, not the contractor who wasn't there.
They charged for work never done, and caused damage. Was preliminary notice needed? Can they force sell my home?
answered on Nov 17, 2022
The mechanic's lien is a secured claim, secured against the property on which work was done. That doesnt go away just by virtue of the bankruptcy filing. You can file an adversary in the bankruptcy case though to get rid of it, if you believe it is based on fraudulent charges. Also, you want... View More
I signed a contract with a General Contractor that included work by subcontractors for prices that we agreed upon. The GC then without me knowing renegotiated and reduced the scope of work without telling me. He planned on keeping the savings until I found out what he had done. Is this even... View More
answered on Nov 15, 2022
When you say "renegotiated" do you mean you and the GC agreed to modify your agreement? Don't answer here. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... View More
Is this an unfair business practice and how can I get my money back?
answered on Nov 14, 2022
This may be an unfair business practice, breach of contract and breach of the covenant of good faith and fair dealing, depending on more facts. Was there a written contract for the job? If not, were the terms of an oral agreement later referenced or set forth in an email/text? Was the contractor... View More
Hi, I am a landlord with a tenant who is trying to claim $20K of personal property damages after I hired a licensed/contracted roofer to do work. They are saying that the dust broke their computer and damaged some worn shoes. The roofers are trying to deny responsibility, but they did not require... View More
answered on Nov 14, 2022
Dear Landlord regarding Tenant Claim about dust intrusion: The tenant's claim is one for negligence, and goes something like this: it was reasonably foreseeable for the roofing contractor to know or reasonable should know that their construction work would result in dust intrusion and... View More
I hired a contractor to remodel a kitchen and bathroom. He did really poor work, and refuses to fix it. When he was doing th ekitchen he found some damage to the back wall of the house. I agreed to have him fix it and the top floor of my house has dipped. I can't close a window. I have... View More
answered on Nov 14, 2022
You should review the terms of your contract. It is illegal for a contractor to request or accept money for work not yet performed or materials not delivered. If the work is as bad as you say, then you should tell the contractor that he should send you a final invoice for all of the work performed... View More
to mandatory, binding arbitration.
The Contractor is stating I still owe him the balance on the contract so he will not fix any issues until that is paid. The CSLB states that the same issues should not be filed in a civil suit but the Contractor has now filed a civil suit in Superior... View More
answered on Nov 14, 2022
CSLB Claim vs. Civil Suit: Your first inquiry is whether the construction contract has Arbitration as a dispute mechanism - if it does, within 30 days of service of the Civil Suit you should file a "Motion to Stay" the civil suit grounded on the argument that the parties are... View More
We have agreed he will not oversee the permit and inspections and will stop work. The design is finished, and we have agreed on payment of 1/2 of the total contract, however he says I may not have a copy of his design. I've agreed to pay 9k out of an 18k contract.
answered on Nov 11, 2022
I would look to the terms of your contract with the architect. It may describe what, if anything, you are entitled to as far as the work product. You may need an attorney to review the contract as well.
- My interest is in ending the contract and receiving the original design file, more than a pdf file as stated in the contract. The file I need to complete the work was generated by Chief Architect software.
- Contractor has never invoiced me for $1000 deposit, per contract. Told me... View More
answered on Nov 9, 2022
This somewhat depends on the terms of the contract. Technically, a contractor can only request a $1,000 up front or 10% of the contract upfront, whichever is lesser. A contractor can also not request money for work not performed or materials not delivered.
The last time a general contractor (solar installer) did work on my home was nearly seven months ago. Due to number of reasons (incl. breaching terms of their contract, misrepresentation of good & services, poor workmanship, gross overcharging, damaging property, etc), I requested to stop work... View More
answered on Oct 9, 2022
Speak with a litigation attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I've been dealing with a general contractor (that installed solar panels on my roof) ever since February. Loan company released funds and fully paid them off before the project was finished. I've been making loan payment for past few months. I recently received notice from contractor,... View More
answered on Sep 27, 2022
You need an attorney to guide you through this. It is very important that you understand, among other things, your agreement with the contractor and how the project is being financed. Speak with an attorney today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as... View More
There is a column on the invoice for the markup amount. The items I'm questioning have nothing in that column.
This was a fire restoration. One room was damaged and the attic and floors throughout. The bill for the engineer was $9,300.
Six joists were replaced, all floors... View More
answered on Sep 21, 2022
You've provided some good information here, but more is needed (e.g., what does the contract or agreement state on this issue?). Don't share more here; instead, speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for... View More
Contract was signed, then contractor sent change orders to alter OG contract. I signed them due to the misrepresentations of the contractor. Can I assert a cause of action for intentional misrepresentation where the contractor intentionally made misrepresentations to me to get me sign the change... View More
answered on Aug 14, 2022
Absolutely. You are exactly right.
Change orders are one of the most likely areas for abuse by contractors because with the project already in progress, the owner has less leverage to deny the change order.
He has also not paid the employees or installers. But I have paid him. What can I do legally to get job done and have his vendors paid
answered on Aug 5, 2022
Abandonment of the job is a serious ethical and legal violation. If you have any contact with your contractor you should make a record (email/text/mail) of demanding reimbursement to you of any amounts owed employees and installers.
Second thing is to verify his CSLB license, if you... View More
installation. Can I encourage the client use whoever I suggest? How does this work?
answered on Jul 11, 2022
Dear Franchise Owner: You asked about the protocol for your achieving a desired outcome of having your customers use your licensed contractors for the installation. If I can presume that you are selling BOTH the product AND the installation, then the answer os fairly straightforward: in your... View More
I was recently hired at a Construction Firm and provide covid vaccine card. Today I recieved an email from HR stating that i do not have the booster. There is nothing on the employee hand book nor nothing in the interview stating that the employment requirement that mandates covid vaccine for... View More
answered on Jun 29, 2022
You get the booster. If you refuse to do what your employer wants, you get fired. It is that simple. Sorry.
Good luck to you.
We have a major rebuild for which we have a construction loan. Our contractor rarely comes by our job site and the project is run primarily by his crew. There are many parts that have been poorly constructed. Including support beams that hold up our new roof. His invoices are emails that demand... View More
answered on May 12, 2022
Dear Major Rebuild With Contractor Troubles: these types of situations are tricky, and it's nearly impossible in this forum to issue out a set of instructions to you (this, from a 35 year attorney who is a developer and a licensed Contractor). You have overlays of Contractor's... View More
They are now out of business and the check is good as of today and I wanted to cash this before going after the rest of funds
answered on Feb 15, 2022
Yes, cashing a check marked "payment in full" or similar language constitutes the settlement of a claim under California law. If they are out of business, the only way you'll get the rest of your money is to speak with a litigation attorney to see if there is a way to sue the... View More
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