California Construction Legal Questions

Building codes change over time and they are certainly much different from 20 years ago.  If you are making changes to your home, you may be required to bring your home into compliance with the current building codes. Discuss these changes with your architect to see if you can make different changes that wouldn't require an upgrade to current building code standards.... Read More

Yes. Your situation sounds like a clear case of malpractice. Assuming that your attorney took your case prior to the expiration of the statute of limitations period he/she was certainly charaged with filing the case prior before it was time barred.  Although it was probably an honest mistake your attorney is still legally responsible for that mistake and you can seek recourse against him/her. Jon... Read More

Is the 20 year warranty in writing? It sounds like you have made a good faith effort to try and resolve the issue with the contractor informally. The next step would likely be to file suit against contractor, but I would not be able to give you a firm answer on that without reviewing your documents and getting a bit more info from you. Thanks,Jon... Read More

It sounds like "the guy doing the work" was negligent for not covering the roof midway through the installation.  The statute of limitations for property damage caused by negligence is 3 years. If you had a written contract with "the guy doing the work" for the installation, then the time limit is arguably 4 years. Find out if the "the guy doing the work" had insurance because the damage to the house may be covered.   ... Read More

Write back offering to address the "cosmetic issues."   If the HO accepts your offer, when you return make sure you take pictures showing the "before and after" conditions as well as any other issues you think might arise. Then you will have some good evidence if the HO later decides to take you to court. If the HO does not accept your offer to repair, document that fact in a letter as well.  It will show the judge that you were being reasonable in offering to address the claimed defects and that the HO refused. Unless you performed the work as an unlicensed contractor, I seriously doubt that the HO would ever be entitled to a "full refund" for the work performed.  Good luck.... Read More

If you work as a contractor, you must be licensed by the CSLB.  If others compete with you and are also unlicensed, you may wish to report them to the CSLB.  Sadly I have found that they either enforce the law selectively or often not at all.  I was recently involved in a case like this in Solano County.  CSLB apathy was a factor in the settlement.  The law is very clear,  You have no rights unless the value of your work is no more than $500,   ... Read More

If you are sued, immediately retain legal counsel.  I assume that our ten-year statute of limitations for latent construction defects is what is involved.  There must be a connection between you as a contractor and the faulty construction.  Your lawyer should warn the other that they may be liable for filing a frivolous lawsuit against you.  This can be tricky to prove, but lawsuits for malicious prosecution are filed all the time.  Good luck.... Read More

The night work is probably illegal unless they are especially permitted to.   Your first step should be to lodge a complaint with the construction superintendent.  You may have a claim for nuisance.  It would help to have neighbors join in your complaint.  Calling the police when they are at work could help your case, but they probably will refuse to do more than be witnesses.  Ask for business cards from the officers.  The final act wold be to report the company to the applicable city or county Public Works Department.  Good luck..... Read More