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Diane R. Smith

Diane Smith’s Answers

2 total

  • Can I sue contractor for bad roof installation 9 years later?

    We had a bad storm that wreaked havoc on our roof. Had the the insurance agent come out (1st time in 9 years since owning home-home brand new construction when we moved in). He discovered that the majority of the shingles had been installed impr...

    Diane’s Answer

    With respect to the Contractor, at least in California, you may still have the right to sue if there was a "latent' (hidden, or undetectable at completion, but discovered later) and less than 10 years have passed.

    I agree entirely that you should press the insurer. Based on what you have stated, denying full coverage seems unreasonable. The adjuster will always seek the low cost alternative.

    This answer does not constitute representation of a client, but rather an initial response based on very limited information.

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  • Can a mechanics lien be filed against property if construction contract is with a tenant, and not the property owner?

    Can a mechanics lien be filed against property if construction contract is with a tenant, and not the property owner? And the tenant does not appear to be an agent of the property owner. Can the lien be filed against the tenant's interest in ...

    Diane’s Answer

    May depend on where you are, but in California, yes, you can file a lien on any private property, but you have to provide a preliminary notice which gives the owner notice that you are doing work at the property. The notice only goes back 20 days, which means you should file it within 20 days of starting work, to cover all of your claim. The owner can also post a notice of non-responsibility, which would bar your lien. The requirements for liens, and the process to foreclose on a lien are detailed. No authority for filing mechanics liens against leaseholds.

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