California Construction Legal Questions

The deed of trust recorded creates a lien on property. The sale of the proprety will not remove the lien (its effect will continue until it is released).  Most sales involve new financing. When a financing occurs , the new lender will require a clear title to exist before funding the loan. If the sale does not require a  new financing, then the buyer of the property takes title subject to the existing liens of record.   We would recommend asking a title company to provide a history of the sale transaction and providing a copy of all liens of record (which will not only show you the status of the title of  the property but confirm your lien is of record.)  Once this information is confirmed, you can make a demand for payment against the new buyer for payment. If there is no response, you can initiate a foreclosure action (either by power of sale or throgh the court system).... Read More

Check this resource to see if the lien is valid:  https://www.cslb.ca.gov/Consumers/Legal_Issues_For_Consumers/Mechanics_Lien/If_A_Mechanics_Lien_Is_Filed_Against_You.aspx If it is, and you are unable to negotiate directly with the contractor to have it removed, contact an attorney to see if they can negotiate on your behalf to help remove the lien or defend a lien foreclosure action.... Read More

Yes, it appears the contractor has breached the construction contract.  But a breach does not void the entire contract.  It merely provides you with the remedy to sue for the breach.  You cannot ignore the contract at this point as one of the requirements to sue for breach is that you have performed all obligations under the contract required of you.  But you can immediately send a demand letter to the contractor informing them of the material breach of the contract terms and demanding they cure the breach by returning the money to you for the work not completed.  If they fail to do this you can then sue them in court to recover your money lost.  If the contractor has also stopped performing under the contract, that is another material breach (presuming they still have work left to do under the contract).  The contractor cannot "control" the job if they have breached the contract.  You an start by filing a complaint with the Contractor's State License Board against their license.  That will get their attention, since they may have their license suspended if they don't cure the breach.... Read More

Unfortunately, if you are performing work for which a license is required by the CLSB, there are CA laws that provide that an unlicensed contractor is not entitled to receive any payment for that work.  So the client is within his rights to demand that you return any money he paid you.  You need to get a license.... Read More

Did you sign any agreement/contract with the porta-potty company re rental of the unit?  If not, they have no grounds to demand you make any payment. Their remedy is to pursue the contractor that rented it, not you. Call the porta-potty company and tell them you never agreed to rent/pay for the unit, so you are not legally liable/responsible for payment, and they need to pursue the contractor for payment. You have made a demand that they remove the unit, so any charges incurred after your demand are their responsibility.... Read More

It sounds like the plumber wants to be sure you're not trying to squeeze him for more than the cost to replace the marble, so if you can get a repair estimate and provide that to him, then demand he pay it to you and tell him why you can't get the repairs done immediately, he will have no reason not to pay you.  The Statute of Limitations for property damage in California is 3 years, so you can still sue him up to 3 years after he did the damage.... Read More

It depends on what the terms of the contract are.  If there's a term in there stating a completion date, then yes you can hold the contractor to that completion date.  But if not, you can ask them to sign a contract amendment providing a firm completion date.  Terminating the contract also depends on the language in the contract regarding that.  Look at the terms to determine what termination rights you may have.  ... Read More

The benefits that accompany the additional security provided by the Mechanic's lien laws require strict compliance with the requirements to achieve these goals. Your timing on the need to file a lawsuit to perfect the lien filed is accurate. Unless you are an individual, you will need legal representation to do so. We would highly recommend you immediatly contact an attorney who is familiar with the requirements to determine what steps (and when) you need to take them. We are available for consultations to provide you the necessary insight for your immediate problem and how to deal with similar issues in the futurte.... Read More

The answer is it depends on a number of factors, like did you have a financial interest in the company?, and was the company a corporation or some other form? If you had no financial interest, you were not invoived in the specific projects in question or the entity you worked for was a corporation, I would say you are likely in the clear, but that does not mean you wont get sued if you are the last man standing. I would be more than happy to further discuss this matter if you would like. Please contact me to schedule a meeting. 213-612-9900 and ask for Eric Smith. if I am not in, leavbe a message and i will promptly get back to you within 24 hours.... Read More

It is possible to rescind a contract under circumstances where there is an obvious unilateral mistake, but it is highly dependent on the facts and the nature of the contract (e.g., public work or private work).  For example, if you bid $1900.00 on a job that was supposed to be bid at $190000 instead, the misplaced decimal point would likely be sufficient to put the other side on notice of the mistake, especially if there were competitive bids in the correct range.  As the complexity of the project and its value go up, however, it is a harder case to make.  You really need to see a construction attorney to go through the specifics of the contract and the bidding process to get a solid answer. ... Read More

If  your are duly licensed (and required to be as required by California law) then based upon the specific facts of your situation, you would have the right to seek recovery of the additional sums due.  We would require you to retain us to review your particular situation in order to provide an direction that you may want to consider taking.... Read More

Did you receive a preliminary notice in the mail from the pumping company?  If not, they cannot lien your property or come after you for materials provided more than 20 days before the date of the lien.  You will probably need an attorney to write a letter to the pumper citing the pertinent law and warning them against filing an invalid lien and telling them to go after the contractor.  BTW, just because it was verbal does not mean you do not have a contract.  Contracts may be oral.  Now, for home improvements, there are written contract requirements established by law but they do not invalidate a right to payment. ... Read More

You have a stale lien issue. You can always sell the house but a title insurer might not write insurance on it unless the lien is removed.  If you are working with a realtor ask him or her to contact a title company, get a preliminary title report, and see whether the insurer would provide insurance for the title with a stale lien on title.  It may be necessary to speak with a title officer.  If there is an issue, you must give the contractor a written notice to remove the lien in a format and sent in a manner that is specified in the Civil Code.  If the contractor refuses to release the lien within ten days after notice is deemed received you can file a petition to expunge the lien and recover attorneys fees and costs from the contractor if you win.  I can handle this issue for you.  It is a single hearing that is supposed to be heard within 30 days of case filing.  There are some procedural and jurisdictional requirements to comply with before the case can be filed. ... Read More

Generally, if you cite specifications in a contract the other party has the right to see them.  As a business practice, if you want the client to be satisfied with your services, it makes sense to give the client the information.  I would suggest sending him a link to the web site for the association so he can analyze the guidelines for himself. ... Read More

I'm unclear if you are looking to get the work completed or if you don't want your mother to pay the amount the contractor claims.  If you want to get the work done, then get a quote from another contractor and deduct that from the total amount due and hire someone else.  If you don't want to pay the contractor for work he hasn't done or for unsatisfactory work, then try to work it out with him.  You may need an attorney to help you with this.... Read More

What does your lease agreement say about repairs and maintenance to the premises?  The lease agreement controls who pays for these costs.   I agree with you that this is a cost that the contractor should cover.  If you have to pay this cost, then you can write a demand letter to the contractor to repair the work or to reimburse you if you have to pay for the costs.  If they don't pay, then sue in small claims court.... Read More

When to pay for work is part of your negotiation.  There is no law on that.  What does the written agreement you have with your contractor say about when payment should be made? As a part of any payment to the contractor, you must also receive a conditional release from any subcontractors or material suppliers to make sure that every gets paid... or at least if the general contractor doesn't pay them, then they can't go after you for payment.  Here's the forms: http://www.cslb.ca.gov/Resources/GuidesAndPublications/LienReleaseForms.pdf... Read More

Your employer is required to provide worker's compensation insurance in case of an injury on the job.  First thing to do is to talk this over with your employer.  If that doesn't work, then contact a worker's compensation attorney or a personal injury attorney to pursue your rights.... Read More