Project manager just stopped answering my calls. Left owner messages for 4 weeks with no response. 30% into project with a torn up backyard and hole in the ground and 0 movement work for 5 weeks they kept saying the issue was with a permit/engineering hold up. Research reveals they never filed the... View More 
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answered on Sep 22, 2023
Under California law, if you believe you've been a victim of contractor fraud, you should take the following steps to protect yourself:
1. Document all communication: Keep records of all communication with the contractor, including emails, texts, and voicemails.
2. Gather... View More
hired contractor to convert garage to additional dwelling unit and obtain patio cover permit which existed before I bought the house contractor offered to build new patio enclosed instead of obtaining permit of existing patio cover
with $35,000 higher qoute than other contractors. I signed... View More
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answered on Sep 21, 2023
Under California law, altering a contract without the consent of all parties involved is generally not enforceable. If you successfully sue the contractor for breach of contract and win, you may be able to recover reasonable attorney fees if there is a fee-shifting provision in the contract or if... 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
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
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answered on Sep 13, 2023
For public works projects in California, a "preliminary bond notice" typically refers to a preliminary notice to the surety on a payment bond. This isn't exactly a lien but a notice to the surety bond to protect your rights under the bond. If you're working on a public project,... 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
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
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answered on Sep 5, 2023
Under California law, a preliminary 20-day notice is generally required for a mechanics lien to be valid. This notice must be given to the property owner, the general contractor, and the construction lender, if applicable. Failure to comply with the 20-day notice requirement could render your lien... View More
Was never given a notification from the Redevelopment Agency of Pomona of the closer because the apartments management told me there you as no private entrance permit to my property but there is a permit plus they removed my retaining wall along my fence that holds the dirt and removed driveway to... View More
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answered on Sep 2, 2023
Under California law, if your property has a permitted private entrance that was blocked off without notice, this could potentially be a violation of property rights and/or easements. Additionally, the removal of a retaining wall that was part of your property may also constitute a violation. Legal... View More
I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner?
answered on Aug 31, 2023
You are but ONLY IF the contractor you hire does not have workers compensation insurance. If they do then no you would not be liable, the contractor you hire would be. You can go to the CA Contractor's Board and look up your contractor's license. There it will show you if he has valid... View More
I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner?
answered on Aug 31, 2023
your homeowners policy could be liable for work comp if the contractor is unlicensed and doing work for which a license is required at the time of an injury to any of the employees. you need to check with his carrier directly and not rely on him to tell you. he can get a policy certificate then... View More
I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner?
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answered on Sep 2, 2023
In California, homeowners generally are not liable for injuries to a contractor's workers if the contractor carries workers' compensation insurance. However, if the contractor does not have such insurance, and particularly if he is paying workers in cash, you may be exposed to liability... View More
The actual plumber I hired was not present on the day the work was done. His workers had no one overseeing their work. They burned my entire wall down to charred 4x4s and the fire damaged my neighbors walls and attic as well. The workers left a mess of burned debris and a disaster of the house... View More
answered on Aug 21, 2023
If you don't get speedy and complete relief from the plumber or their insurer, you can make a claim against their license bond. If the amount left in the bond is still not enough to fully compensate you, you could file a lawsuit and seek not only the cost to repair your home but also... View More
We have a time and materials contract. The contract does not specify any overtime rates. We also did not have a verbal conversation regarding overtime pay. The contractor has put a mechanics lien on our property because we refused to pay the overtime rate of pay. We have paid for all hours worked... View More
answered on Aug 18, 2023
Your liability for the overtime payments should depend primarily upon the wording of your contract. If there was no agreement to pay overtime, and no understanding that the contractor would work overtime, you should not be liable. If the project schedule permitted the contractor to complete the... View More
We had a customer move the machine we supplied from the location on the contract. This customer gave us the run around and will most likely not pay. We filed preliminary notices at the locations pinned by the GPS. Are we protected?
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answered on Aug 15, 2023
If the customer moved the equipment from the location specified in the contract and has not paid as agreed, your lien rights might still be protected if you properly filed preliminary notices at the locations pinned by the GPS as per California law. However, it's advisable to consult with an... View More
The salesperson was threatening me to pay 25%cancellation fee even tho it’s been 6’months ago. No permits was pulled, no labor/ work was officially done. All I got was a preliminary design of where they’re gonna put the panels. Also the loan approval was never activated and it expired since... View More
answered on Aug 11, 2023
They may be able to record a design lien for the value of the design work. But the contractor has no right to a mechanics lien against your house if no labor or materials were furnished to the project. In particular, the contractor has no right to record a mechanics lien to cover a cancellation fee... View More
answered on Aug 10, 2023
Inquiry Re: Lump Sum Contract: The short reply is no, a Prime Contractor under a Lump Sum Contract is not required to show ANY of their costs (material charges, labor charges, etc). If your situation was "Cost Plus" then you are entitled to see the costs in order to verify the accuracy... View More
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answered on Aug 15, 2023
In California, when a home builder provides a lump sum contract for construction, they are generally not required to provide detailed documentation for materials purchased as part of the contract. However, it's advisable for clients to seek a written agreement that outlines the scope of work,... View More
As a General Contractor in North Highlands, California, I'm dealing with a client who demands work beyond our contract's scope, with expectations exceeding standard industry practices. Despite nearing completion, they refuse to sign change orders for the additional work. Concurrently,... View More
answered on Jul 27, 2023
A mechanic's lien is very powerful for a contractor in your situation. It will force the owner to either pay you what's currently owed, or you can enforce your lien against their property in court, and recover the court costs to do so and interest on the amount you are owed. I suggest... View More
As a General Contractor in North Highlands, California, I'm dealing with a client who demands work beyond our contract's scope, with expectations exceeding standard industry practices. Despite nearing completion, they refuse to sign change orders for the additional work. Concurrently,... View More
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answered on Jul 28, 2023
You should document all communications with the client regarding the additional work requests and payment issues. Make sure to send written notices and requests for change orders, clearly stating the scope of work and any potential delays caused by the client's actions. If the client continues... View More
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