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2 Answers | Asked in Construction Law for California on
Q: have LLC construction activitiesBut don't have contractor license I did a job for h ,owner now she want her money back

I did construction job ,I don't have license. Now the owner wants her money back or small clim crt.

The job done under LLC name ,

Can she sue me or she can sue the LLC?

Which better: give her money back face to face ?or go to court? Please help

James L. Arrasmith
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answered on Jan 14, 2024

Under California law, performing construction work without a contractor's license can lead to serious legal consequences. If you completed a job without a license, the client has the right to request a refund, even if they were initially satisfied with the work.

The legal liability in...
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2 Answers | Asked in Construction Law for California on
Q: I am a General contractor Valid Lisc. How long does a home owner have to notify me of the deects on the home?

They owned the property. Califoenia property

T. Augustus Claus
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answered on Jan 10, 2024

In California, the statute of limitations for construction defects generally provides homeowners with ten years to file a lawsuit for latent defects, which are defects that are not immediately apparent. This ten-year period typically begins from the date of substantial completion of the... View More

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2 Answers | Asked in Construction Law for California on
Q: I am a General contractor Valid Lisc. How long does a home owner have to notify me of the deects on the home?

They owned the property. Califoenia property

James L. Arrasmith
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answered on Jan 10, 2024

In California, the timeframe for a homeowner to notify a contractor of defects in a home they own can vary based on several factors. It's important to consider the nature of the defect and the specific terms of your contract with the homeowner.

Generally, under California law,...
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1 Answer | Asked in Construction Law and Real Estate Law for California on
Q: No contract with our GC ,fired him, never agreed to his percentage take. He wants 30K, if we don’t pay can he place Lien

It has been well over 20 days, no contract was signed and he made some egregious mistakes and never stuck to project due dates that cost us 40k. We paid him 45k before our barn was completed, even after he told us it would be around 25k. He never finished the barn (only trim and doors left) but... View More

James L. Arrasmith
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answered on Jan 10, 2024

In California, a contractor can file a mechanics lien for work done on a property, even if there was no formal contract. However, there are specific time frames and conditions that must be met. For residential projects, the contractor typically has 60 days from completion of the work to record a... View More

1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: If a contractor doesn't finish the job and is unresponsive, but later agrees to return, does that reset the accrual date

I had a contractor work on my kitchen. He was supposed to return to finish the job, but he didn't return my texts for a few weeks. He finally emailed me back and said he thought the job was done, but agreed to come back and address one of the issues. I emailed that wasn't acceptable,... View More

Leonard R. Boyer
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answered on Jan 6, 2024

To provide a meaningful answer and how to best proceed, you should be prepared to pay an experienced civil litigation attorney for 1/2 to 1 hour of attorney time to review all the relevant documents. As someone who has handled a significant number of these cases, I am certain that I can get you the... View More

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Virginia on
Q: If there are two equal adjacent lots (A and B) to be developed into homes.

Lot A is owned by property owner #1 and Lot B is owned equally by property owner #1 and #2. If you build homes how should the development cost/profits from sales/shares work out?

Richard Sternberg
Richard Sternberg
answered on Jan 4, 2024

The short answer is "any way you want to." There are many choices. If you make no choices, the Uniform Partnership Act will make them for you, and you may not like its choices. Indeed, it won't be clear whether you have a partnership of the one property or of the two, and the one to... View More

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Land Use & Zoning for California on
Q: how do i file a breeh of contract an demand for payment and lean on sed real property forth with .

a non lycenced contractor /bilder went into a writin contract with a home ower ,secured full payment, for work and materearls, and then no call no show by due date of sead work .

James L. Arrasmith
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answered on Jan 1, 2024

In California, if you're facing a situation where a contractor has breached a contract and failed to perform the agreed-upon work, you have several legal options. First, you should consider sending a formal demand letter to the contractor, outlining the breach and requesting the fulfillment of... View More

1 Answer | Asked in Real Estate Law, Tax Law, Constitutional Law and Construction Law for Missouri on
Q: Please read below

I paid $18,000 for my house and 2011 then I pulled a building permit in 2011 the same day I interned started working on my house I'm still working on my house my understanding is the building permit stops the value from increasing until an inspection is called for when I am done with... View More

James L. Arrasmith
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answered on Dec 30, 2023

In your situation, dealing with property valuation and taxation in Jackson County, Missouri, there are several key points to consider.

Firstly, the link between a building permit and property valuation can vary. Typically, a building permit itself doesn't freeze the value of a property...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Libel & Slander for Idaho on
Q: Can you appeal a civil court with or without prejudice if there is a counter claim from the defendent?
James L. Arrasmith
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answered on Dec 23, 2023

In Idaho, the ability to appeal a civil court decision depends on the specifics of the case and the nature of the judgment or order being appealed. An appeal can be filed whether the case was dismissed with or without prejudice. The distinction between with and without prejudice is significant: a... View More

1 Answer | Asked in Construction Law for Florida on
Q: A contractor is not paying within the 90 days from set date on a commercial construction project. A CO was added.

The change order is for elevator caps. Does the change order change the lien filing deadline? We are a specialty subcontractor. Is the work remedial or final furnishing?

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 20, 2023

Unfortunately, issues like this need to be run by experienced construction counsel who can analyze the very specific facts, any applicable contract provisions, and statutory requirements.

As a legal matter, as a general rule, change orders which form part of the main contract have little...
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1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I have two project contracts direct with an owner of a building. Can I file one lien for both or do I need to file two?

We are an Engineering company who contracted directly with the owner. No NTO was sent.

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

In general, when a person entitled to record a construction lien is in privily with the property owner, no notice to owner is required as a precondition. Again, in very general terms, the right impose a construction lien is based upon services performed under the contract's particular scope... View More

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: Unfinished work that was paid for and no response from pool builder

I am currently facing a situation with a pool construction company, Holiday Pools, that has refused to communicate for over 30 days and has not finished the pool construction as agreed. What legal steps can be taken in this scenario, and what options are available to address this issue?

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Dec 19, 2023

Unfortunately, you are in similar shoes to many in Florida who find themselves dealing with pool contractors who may have over promised, under performed, and often the homeowner finds themselves with a big hole in the ground and not much else.

The further unfortunately, is that while...
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1 Answer | Asked in Civil Rights, Constitutional Law and Construction Law for Texas on
Q: If I am on a construction site that is on private property, can the security company legally ask me for my ID?

I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal... View More

James L. Arrasmith
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answered on Dec 17, 2023

On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to... View More

1 Answer | Asked in Civil Rights and Construction Law for California on
Q: I need a lawyer for my case my private Entrance has been blocked for over 8 months
James L. Arrasmith
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answered on Dec 15, 2023

In your situation, where your private entrance has been blocked for over eight months, seeking legal assistance is a wise step. Under California law, you have rights regarding the access and use of your property.

The first action is to find an attorney who is experienced in property law and...
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1 Answer | Asked in Construction Law and Civil Litigation for South Carolina on
Q: My concrete driveway is three years old and is crumbling and is getting holes all over it.

Do I need a lawyer or should I go to the magistrate for civil action thank you

T. Augustus Claus
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answered on Dec 14, 2023

Deciding whether to involve a lawyer or go to the magistrate for civil action regarding your crumbling concrete driveway depends on several factors. First, check if you have a written contract with the contractor and review the warranty terms. If the warranty is still valid (covering three years)... View More

2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Q: The well for my newly constructed home was drilled 6" onto my neighbor's lot. Builder will not correct the issue.

Placement of well according to septic engineering should be much closer to my home and out of the easement.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 14, 2023

Buying and selling property, especially new construction, without a real estate lawyer. I know that doesn't help you now and you will need to hire a real estate litigator or a construction law litigator to review your documents related to the sale and construction to get this resolved. The... View More

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1 Answer | Asked in Business Law and Construction Law for Utah on
Q: My previous client is trying to bill me for a valve he purchased. What legal standing does this have?

I have a very small tile installation business. I am both licensed and insured. I recently completed a shower for a client who claims I cut a hole on a tile "too large" and that the valve wouldn't fit. I cut the hole to a standard valve size which also matched the one below it. He... View More

Wesley Winsor
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Wesley Winsor
answered on Dec 12, 2023

Hello,

You probably have nothing to worry about. The home-owner is likely trying to see if you will pay something. Until he gets an attorney involved, I wouldn't get too worked up abou it. Here is an anlaysis of it though:

In general, the legal standing of a client's...
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3 Answers | Asked in Construction Law and Contracts for California on
Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices.

She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement.

Treg A. Julander
Treg A. Julander
answered on Dec 11, 2023

You could first send a demand letter on attorney letterhead to see if that provokes her to make the past-due payments. If that doesn't work, you could file a lawsuit for breach of contract. If your work contributed to a work of improvement, you may be entitled to record a mechanics lien... View More

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3 Answers | Asked in Construction Law and Contracts for California on
Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices.

She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement.

James L. Arrasmith
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answered on Dec 11, 2023

In California, if a client is in breach of contract by refusing to pay for services rendered, you have several legal options to consider.

First, you should send a formal demand letter to the client outlining the breach (non-payment of invoices) and the consequences if the payment is not...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Florida on
Q: Roofers put lien on both houses disputing payment what attorney/lawyer do I need

The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response

Jane Kim
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answered on Dec 9, 2023

You are describing construction lien law.

The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation...
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