Edward Hall Cross’s Answers

Edward Hall Cross

Palm Desert Construction / Development Lawyer.

Contributor Level 4
  1. Does a contractor have to be licensed for an at cost construction contract (no profit contract)?

    Answered about 1 year ago.

    1. Edward Hall Cross
    2. Cathleen M Curl
    3. Paul Bradley Schroeder
    4. Christine C McCall
    5. Chi Leung Ip
    6. ···
    7 lawyer answers

    California Business and Professions Code §7031 prohibits an unlicensed contractor from filing suit for payment for work that required a license. Profit is irrelevant. The purpose of the law is to discourage unqualified individuals from performing construction work that could pose safety hazards. California law is merciless with unlicensed contractors. Nor can he sever out the portion that required a license and collect for the rest, unless the other parts were unrelated to the parts that...

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  2. We have a home remodeling project. How can we go about cancelling this contract and stopping work at this point in the project?

    Answered over 1 year ago.

    1. Edward Hall Cross
    2. Albert Lee Crosner
    3. Christine C McCall
    3 lawyer answers

    Don't attempt to cancel the contract without having it reviewed by an experienced construction lawyer with knowledge of the history of the project. California's Home Improvement Laws provide broad protection to homeowners, pursuant to Business & Professions Code Sections 7159 and 7159.5. Violation of the rules may constitute a misdemeanor, and make the contract voidable by the homeowner. Among other things, a home improvement contract must state the approximate start date and completion...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can a landlord give exclusive use of common areas to one tenant over other tenants in an apartment complex? What are my rights?

    Answered over 1 year ago.

    1. Edward Hall Cross
    2. Guy W Bluff
    3. George Costas Andriotis
    3 lawyer answers

    Have an experienced real estate lawyer carefully review the terms of your lease and photographs of the area in an effort to confirm that this area actually constitutes a "common area." if a judge can be convinced that the use of that area is a reasonably appurtenant to your unit, the landlord may be ordered to open it for you, and perhaps refund part of your rent. This is called "abatement of rent," and is used, for example, where a room within the leasehold becomes uninhabitable. The same...

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  4. My neighbor's 2 ft tall retaining wall was demolished during construction.

    Answered over 1 year ago.

    1. Edward Hall Cross
    2. Rebekah Joy Turney
    3. R. Russell O'Rourke
    3 lawyer answers

    Unfortunately, there are many opportunists who seek to take advantage of the bad luck of others. Was the new retaining wall installed by a licensed contractor? What specifically is she unwilling to cooperate about? There is no legal obligation in the State of California for one land owner to produce insurance information to another land owner, even if the other owner has a meritorious claim for damages. If you are served with a formal claim, you may tender it to your insurance company...

    2 lawyers agreed with this answer

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  5. Constructive Eviction- I believe that the problem I am having with the landlord is constructive eviction.

    Answered over 1 year ago.

    1. Edward Hall Cross
    2. Guy W Bluff
    3. R. Russell O'Rourke
    3 lawyer answers

    Yes, there are competent lawyers who specialize in representation of tenants in disputes with landlords. Discuss the concept of "retaliatory eviction" with your lawyer. Some states provide minimum notice requirements before a landlord may enter residential property to conduct an inspection, unless there is an emergency. There are a variety of anti-harassment laws which may provide a remedy for you. Residential landlords cannot control the details of how a tenant leads his or her personal...

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  6. What can I do where the Contractor breached the contract, and where additional costs will result from the breach?

    Answered over 1 year ago.

    1. Nicholas Basil Spirtos
    2. Wahid Ezzat Guirguis
    3. Edward Hall Cross
    4. R. Russell O'Rourke
    4 lawyer answers

    Bring the contract to an experienced California construction lawyer to review the documents and the history. Here is a list of issues to discuss with the attorney: California's Home Improvement Laws apply to all residential repair contracts in the State. Among other things, they must include a description of the services to be performed and materials to be used. In emergency service, this can be difficult sometimes. As a general rule, mold remediation is not emergency service unless the...

    2 lawyers agreed with this answer

  7. Is out of classification work considered unlicensed?

    Answered over 1 year ago.

    1. Nicholas Basil Spirtos
    2. Wahid Ezzat Guirguis
    3. Cathleen M Curl
    4. Edward Hall Cross
    4 lawyer answers

    This matter should be reviewed by an experienced construction lawyer promptly, so as to avoid the expiration of the statute of limitations. Here are some topics I would address with the lawyer: Unlicensed contractors in California suffer a severe penalty for performing work without a proper license: forfeiture of all pay for the work. The courts have acknowledged that this sometimes is a very harsh outcome that may result in a windfall to the owner but the policy requiring licensing trumps...

    1 person marked this answer as helpful

  8. My personal contractors license was filed fraudulently rep and partner with major home warranty companies.

    Answered over 1 year ago.

    1. Guy W Bluff
    2. Benjamin Beau Berger
    3. Edward Hall Cross
    3 lawyer answers

    Yes, some firms provide pro bono services to clients without adequate resources to fund legal services. There are also community outreach programs that provide pro bono attorneys to the less fortunate. Gather all the documentation and contact an experienced attorney to prepare a formal complaint to the California State Contractors License Board and to consider possible criminal and civil action. If your name is on the license, consider putting it into inactive status. Your attorney cannot...

  9. Do I need a real estate attorney for a new construction and first-time home buyer?

    Answered over 1 year ago.

    1. Guy W Bluff
    2. Janet Spiro Martin
    3. Edward Hall Cross
    4. Michael T Millar
    5. Michael Jonathan Weber
    5 lawyer answers

    I have drafted hundreds of contracts on behalf of contractors, and we are always looking for new provisions to protect the rights of our clients. Buyer beware! Builders have broad discretion to include creative terms in their contracts. It requires the skill and knowledge of an experienced construction/real estate lawyer to properly analyze the issues and advise you of your rights. Consider it cheap insurance.

  10. I found that there was not a building permit for structural work from contractor or original owners. Who is liable.

    Answered over 1 year ago.

    1. J Aaron Atkinson
    2. Chad William Johnson
    3. Edward Hall Cross
    4. Guy W Bluff
    4 lawyer answers

    This matter should be addressed by an experienced Colorado construction lawyer, and it should be done quickly, so as to avoid missing the statute of limitations. I am not licensed in Colorado law and cannot comment on Colorado law. Here are some discussion points for the consultation with the attorney: The lack of a permit, where one was required, may subject the contractor to civil liability to the owner, and perhaps subsequent owners. It may also subject the contractor to disciplinary...

    1 lawyer agreed with this answer