Get free answers to your Construction Law legal questions from lawyers in your area.
Sold a 40 year old home AS-IS. After Close Of Escrow buyer discovered issue with location of electrical meter. We agreed to pay damages to have meters moved. But, now they are also requesting payment for "general contractor" fees - essentially the hours the private homeowner invested to... View More 
answered on Sep 1, 2020
Is the buyer a General Contractor? Does he have a written contract with himself to perform the work he is billing for that comports with the contract requirements for contractors in California? If either of these answers is no, he does not get anything and even if they are both yes, he probably... View More
Hello,
Significant vehicle damage was incurred due to freeway construction debris collision with my vehicle. Caltrans claim was submitted by both my vehicle insurance and myself. Caltrans responded about a year later to my insurance, stating that this instance was caused by their... View More
answered on Aug 31, 2020
I sounds like your options have narrowed down to filing an action for property damages. It is not so clear that CALTRANS is not responsible, but its all about the actual facts and circumstances. This matter may not make sense for an attorney to take on if the dollar amount of the damage is low.... View More
There is an ordinance in my city that says I have a 25’setback. I only have a 30’ driveway. I need something to help keep my house cooler and help my home become more energy efficient. Is the city obligated to give me some type of solution?
answered on Aug 26, 2020
Dear California SET BACK LAW questioner: The 25 foot set back precludes erection of a building structure but typically does not preclude, for example, an arbor or a shade sail or retractable awning. If you construct one of these examples above your sun-facing windows that may offer relief. You... View More
Gave me 800 in cash...down payment was 7500
answered on Aug 18, 2020
Well, look at your written construction contract, you know, the one required by law. Does it say that you are not retained until you get the entire deposit? Give back the money and written notice that you are turning down the job for his non performance.
Justia disclaimers below,... View More
answered on Aug 14, 2020
We need a lot more information from you in order to understand what your issue is all about. There is insufficient detail to allow me to give you any kind of advice. Any lawyer will need to know enough detail to understand your situation. A chronological statement of what happened, when, where, how... View More
Independent sales person underbid a job, had customer sign our contract and collect deposit. I went out there to site survey it and realized the job was undersold and needed additional equipment and work that I'm not licensed to do. I'm an electrician, and they need stucco work for the... View More
answered on Jul 19, 2020
Yes, he has a case, but you may have a defense. You are responsible for the contracts that your agents negotiate. But from what you say you may have the defense of Impossibility of performance, if you do not have the license to perform the job. You might also want to be sure that the contract is... View More
Are there differences to the law based on the size of the company or industry (paving)?
answered on Jun 22, 2020
The short answer is that the Wage Orders apply to all employers no matter what size. The complicated answer with respect to your question is whether your company is a government contractor and subject to additional laws regarding the rate of pay (prevailing wage) that they must pay to employees... View More
I have never been billed for these services and had inquired multiple times for a bill in December 2017. Since so much time has elapsed, I feel even the hours are a bit high. I believe this was an oral agreement only for the work rendered Am I still responsible to pay?
answered on May 27, 2020
As a general rule, any civil action for monies owed for services or goods must be commenced within two years of providing such services or goods, with some narrow exceptions. If there is a written contract, the statute of limitations is four years, with some exceptions.
A nefarious backyard neighbor (residential neighborhood) filed a complaints re: backyard i) deck and ii) allegedly "hazardous" tree on the city of Oakland
building department code enforcement website.
Building inspector from code enforcement visited my home; however I was... View More
answered on Apr 18, 2020
Personally, if you think you've been wrongly accused, I would invite the inspector back out for a look.
You usually can appeal citations etc but the time period is very short, and you would have to show that the code violations do not exist.
I signed a "proposal and purchase agreement" for HVAC work for my home. I signed it on March 15, work is originally scheduled for March 30-April 3 but I had to postpone it until end of April. However, with the economic uncertainty due the pandemic, I might back out of this agreement... View More
answered on Apr 4, 2020
Apparently you did not cancel the contract within 3 days, which, theoretically, locks you into it.
As you know these COVID-19 times are very uncertain, and we don't know how the courts are going to rule on the multitude of cases affected by the pandemic that are now before the court,... View More
Retaining walls that were to be designed within city requirements to not need a permit. Walls were built, and measurements now show it needed a permit. Also, wall is leaning away from dirt it is retaining, and, after first rain-season, multiple sinkholes have developed on the tiers the walls are... View More
answered on Mar 20, 2020
You should have an attorney who is experienced in construction law or construction Defect law.
Retaining walls over 3 feet tall also need to be designed by a licensed engineer!
Let us know if we can help.
George Wolff
www.wolfflaw.com
We do drainage around homes, structural repair and retaining walls. We work outside. Am I shut down? I'm seeing lots of vague and conflicting information. If I can work do I have liability if someone gets sick?
answered on Mar 19, 2020
As you might imagine this has never happened before so there is no resource to know what will and will not be lawful under these circumstances. The best I can say right now, a few hours after the order was issued, is that unless your business is involved in one of the 16 essential government... View More
2 bathrooms 95% complete (punchlist, barn doors and faucets left). Materials were not in yet (this was the 2nd or 3rd time we were waiting on her), but temps were installed. Left job for 2 weeks due to previously scheduled out-of-town job. Client fired us and refuses to pay for the 2nd bathroom or... View More
answered on Mar 10, 2020
"Substantial Performance" is the term you seek: "I ordered 100 flowers and you only brought me 95. I am not paying you." If a party "Substantially Performs" terms of contract, then payment is due, but payment may be prorated fairly.
Here's a link to the... View More
2. What authority if any prohibits third parties from using those designs?
answered on Feb 26, 2020
You can create and copyright/protect architiectural and other non-structural designs and design building and construction plans for a 2 story wood frame home for building permits without any architectural license.
You can also protect the original aspects of that design by contract and also... View More
That dog was in the house and got out the front door and hit by a car. They are trying to blame me. I'm an independent contractor
answered on Feb 24, 2020
You could check the websites of local county Superior Courts, or just ask him.
In the state of California, if you are an unlicensed contractor who is hired by and performs work totaling over $500 at a senior citizen residential facility, are there any specific penalties beyond being unlicensed because it is a senior living home?
answered on Feb 24, 2020
I am unaware of any additional "penalties" for performing works of improvement without a proper license on a Senior Care Facility.
HOWEVER, regardless of the nature of the property/facility, here are your Bigger concerns:
First, you cannot legally collect any monies owed... View More
answered on Feb 20, 2020
After or simultaneously when the payment on the Stop Notice is "Honored," i.e., check clears your bank account or you have cash in hand. NEVER release before payment. If obligor on Stop Notice "all of a sudden" finds a problem with your work or services after you sign the... View More
Scaffolding company put their scaffolding on a small decorative wall and cracked it. The house is 90 years old, the wall was standing strong. But when cracked it is apparent the wood inside is gone. But it really did not matter as the stucco was thick and intact. The scaffold company claims they... View More
answered on Dec 10, 2019
He is probably right about the dry rot.
That was already there before they came along.
It’s probably good it was discovered as it could have gotten much worse or even dangerous!
The contractor I work for was doing a job for a company called CFS Complete Facility Solutions. We did construction work for them at a Taco Bell. We completed the job and during that process. A corporation called Cushman and Wakefield bought CFS. The contract says they have 90 days to pay us and... View More
answered on Dec 6, 2019
If you are an employee of this contractor, your employer cannot make you wait for your pay until a client pays. You are entitled to payment on regularly designated pay days.
As to why there is a delay, there could be any number of reasons and no one here can know that answer. There are... 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.
