Guillermo Marquez Tello’s Answers

Guillermo Marquez Tello

Irvine Construction / Development Lawyer.

Contributor Level 6
  1. Passing Liability onto a Sub-Contractor

    Answered almost 2 years ago.

    1. George William Wolff
    2. Nichelo Michael Campbell
    3. Guillermo Marquez Tello
    4. Christine C McCall
    5. Robert Pecco Baker
    6. ···
    7 lawyer answers

    I agree with all the previous answers and can understand your desire to avoid personal liability. However, attempting to contractually pass liability onto other is not the answer. Instead, you should consider consulting with a construction attorney that is also knowledgeable in business formation/organization. Forming the proper business entity, such as a corporation or limited liability company, and properly organizing the business, along with obtaining the proper insurance policies can...

    4 lawyers agreed with this answer

  2. Homeowner and contractor disagree on whether work is complete.

    Answered over 1 year ago.

    1. Guillermo Marquez Tello
    2. Shaun K. Boss
    3. Christian Frederick Paul
    3 lawyer answers

    Reasonable efforts is not justification for performing substandard or deficient work. The contractor is required to complete its work in a good workmanlike manner and according to industry standards. I agree, get an estimate from another contractor. If the cost of completing the work is greater than the amount you are withholding for this work, you former contractor may be responsible for the additional expense you will incur.

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  3. Contractor's work resulted in blocked access to backyard. Is he responsible for fixing the situation?

    Answered over 1 year ago.

    1. Paul Bradley Schroeder
    2. Chi Leung Ip
    3. Guillermo Marquez Tello
    4. Daniel F. Mclennon
    5. David B Pittman
    5 lawyer answers

    I agree that you should first attempt to work out this issue with the contractor. If an agreement cannot be reached, you can file a small claims suit after you determine the cost of correcting the problem by either relocating the box or reversing the hinges. Good luck.

    3 lawyers agreed with this answer

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  4. Answered Complaint in pro per for corporation. Motion to strike filed. Will judge give me time to find attorney?

    Answered over 1 year ago.

    1. Isileli Tupou Manaia Mataele
    2. Frank Wei-Hong Chen
    3. Malosack Berjis
    4. Robert Harlan Stempler
    5. Robert Bruce Kopelson
    6. ···
    6 lawyer answers

    If you have time, I recommend you hire an attorney prior to the hearing. Often, once the corporation is represented by an attorney, the Plaintiff's attorney will agree to take the Motion off calendar. If you would like to discuss this matter and the lawsuit, feel free to call me at 949-852-0020.

    3 lawyers agreed with this answer

  5. Steps in filing motion to expunge lien

    Answered almost 2 years ago.

    1. Christian Frederick Paul
    2. Guillermo Marquez Tello
    3. Chi Leung Ip
    3 lawyer answers

    Talk to your current attorney about the status of the case. A response to the contractor's foreclosure action should be filed first and foremost. Subsequently, if there is valid grounds to cause the lien to be removed, a proper motion/petition must be made to the Court. Again, talk to your attorney. Your attorney should be able to explain this process to you. Best of luck.

    3 lawyers agreed with this answer

  6. Company hired to repair roof is billing me for items/work that did not occur. threatening to place levy on my home...

    Answered almost 2 years ago.

    1. Christian Frederick Paul
    2. Guillermo Marquez Tello
    3. Arthur Henry Skola
    4. Chi Leung Ip
    4 lawyer answers

    You may also consider filing a claim against the roofer's license bond for any additional expenses you incur as a result of the roofer's failure to perform the work contracted to perform in a good workmanlike manner. You can find the roofer's license bond information on the Contractors State License Board website (www.cslb.ca.gov). If your additional expenses are $12,500 or less, filing a claim against his license bond is a cheaper and more effective alternative to otherwise filing a lawsuit....

    3 lawyers agreed with this answer

  7. I'm a California licensed contractor recently kicked off our job site by the homeowner we are in contract with.

    Answered almost 2 years ago.

    1. Neil Pedersen
    2. Mahyar Ghassemian
    3. Robert Pecco Baker
    4. Gayle Anne-Marie Gutekunst
    5. Guillermo Marquez Tello
    6. ···
    6 lawyer answers

    I agree with Mr. Pedersen and further encourage you to immediately consult with a construction law attorney. Commonly, construction agreements provide specific dispute resolution procedures the parties must follow whenever there is a dispute over scope of work, value of work performed, payment, etc. You need to make sure you have complied with any such procedures called for in the contract.

    3 lawyers agreed with this answer

  8. Can the City enter your house based on allegations of unsubstantiated illegal construction and violations of noise ordinance?

    Answered almost 2 years ago.

    1. Guillermo Marquez Tello
    2. Shawn Michael Haggerty
    3. Nicholas Basil Spirtos
    3 lawyer answers

    You will need a local attorney that is experienced in land use / neighbor disputes. Unfortunately, you will find that these type of disputes between neighbors engaging in harassing conduct is more common that one would hope. An experienced attorney should be able to deal with City Attorney to reach a proper resolution addressing the City's concerns and should be able to help you stop your neighbors conduct.

    2 lawyers agreed with this answer

  9. Is there a LEGAL difference between a "Labor Only" remodel contract and a full remodel contract?

    Answered almost 2 years ago.

    1. Arthur Henry Skola
    2. Guillermo Marquez Tello
    3. Chi Leung Ip
    3 lawyer answers

    Definitely consult with a construction attorney. The contract will determine whether he can legitimately claim he entered into an employment agreement with you versus what is more likely a service agreement for construction services. The fact that you are responsible for the direct cost of materials does not mean he can ignore his legal obligations as a licensed contractor, if he is licensed (check his license at www.cslb.ca.gov), and it certainly does not mean that he can change the terms by...

    2 lawyers agreed with this answer

  10. My neighbor's deck overlooks our backyard. he took pictures from his deck of us in our backyard doing some construction work.

    Answered almost 2 years ago.

    1. Guillermo Marquez Tello
    2. Scott Richard Kaufman
    3. Nicholas Basil Spirtos
    3 lawyer answers

    Your expectation of privacy is diminished any time your activities, even within your own property boundaries, are in plain view. However, neighbors taking pictures of your activities in your backyard might constitute offensive conduct and run afoul of California Civil Code section 1708.8(b). You could seek injunction and nominal damages, but these lawsuits are expensive and typically difficult to prove. These cases are difficult because while your neighbor's conduct is offensive to you, you...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful