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?
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
It has come to light that over a month after the deposit was paid, the contractor has dispersed none of the funds provided to him by us toward our project. No work has been done and no materials acquired. The contract was signed July 16th of 2023 and contract stated work would be completed by... View More
You do need to contact an attorney. Depending on the circumstances, in many circumstances, the initial deposit needs to be held in a trust account and failure to properly account for the deposit can be theft. Further, it could also be a fraud and/or breach of contract issue. Regardless, you should...View More
In Arizona, if you previously filed an "Intent to Lien" for $119,000 in May 2023 and now intend to file a "Lien" for $162,000, you generally do not need to file a new "Intent to Lien" for the increased amount. The "Intent to Lien" is meant to notify parties...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
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
I sold my house and moved in with girlfriend. Over the course of 5 years, I not only purchased materials, but also provided labor to upgrade many aspects of her house. I was then forced to move out can I put a mechanic lien on home so if she sells I get my money back?
Likely not. Under Maine law, any lien you had was dissolved unless you, within 90 days after ceasing to labor, furnish materials, or perform services filed a proper statement of lien claim in the office of the proper register of deeds. The 90-day period does not apply when the labor, materials, or...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
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 bad 24' round above ground salt water pool installed. The contract shows a 1 year warranty for workmanship. The owner refuses to contact us or remedy the defective pool construction. We paid over 10K and the pool is falling a part. The liner fell out within the first season, which was... View More
Unfortunately it sounds like the warranty has expired. You need to find a lawyer experienced with consumer cases and construction cases to review the contract you signed and get the specific facts from you. Unless you have proof of defects appearing in the first year and that you brought these...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?
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
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
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
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
If a Virginia court invalidates a mechanic's lien, it typically does not reset the clock for the 90-day period in which a lien claimant must file their lien. The 90-day period usually starts from the last day of labor or the last day materials were furnished. The court's decision to...View More
We were issued a forged document posted on our residential property with no prior written or verbal notification for doing work on our house without a permit. And a stop all work order until fees and penalties are paid. And a permit application submitted? There is no explanation as to what work is... View More
Building code enforcement officers typically have the authority to issue notices of violation based on received complaints or observations made during routine inspections. If you believe there have been violations or abuses of power, it is essential to consult with a qualified attorney who can...View More
Because the contractor walked off the job, we had a home inspector come out and inspect for structural integrity. He found that over half of the load bearing walls must be repaired due to being crooked. All the windows have to be removed, and header and footer boards installed. The exterior doors... View More
Yes, you have stated facts that support suing the contractor for damages for breaching the contract and a cause of action for a breach of the Implied Warranty of Workmanship, whether the contract was written or oral, if your claim can be filed within the applicable statute of limitations....View More
In many jurisdictions, including Pomona, California, government entities such as the Redevelopment Agency are required to follow certain procedures before taking actions that affect private property, such as blocking private entry.
Before blocking your private entry, the Redevelopment...View More
I paid an architect for house plans, their in-house general contractor can't build the house within my budget as promised in the beginning so I found a general contractor who can build within my budget but the architect is refusing to release the CAD plans to him rendering the plans I've... View More
This is an unfortunate situation, however, when dealing with a builder's new home architect, it is likely that the plans are merely a repetition with slight variation on plans the architect has previously designed for the builder and for which the builder may own the license rights. It would...View More
I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new... View More
Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof.
My plumber requested a rough inspection, inspector came and didn't bother to get out of the car, he saw a pipe outside and asked the plummer to fix it. Plumber fixed it and requested another visit, inspector came and saw pipe on the entrance and asked plumber to fix, plumber fixed and... View More
There are numerous laws governing the conduct of municipal officials which may be implicated in your situation. It is also possible that your plumber is the problem. Next time the inspector comes to the house, ask him/her to inspect the entire house. If you are acquainted with anyone on the...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
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
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