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Guillermo Marquez Tello

Guillermo Tello’s Answers

21 total

  • Homeowner and contractor disagree on whether work is complete.

    As part of a larger bid, contractor agreed to "replace the tub enclosure". After what the contractor claims are reasonable attempts, the new enclosure is up with large gaps (1/4"-1/2") throughout the enclosure. No amount of caulking will prevent l...

    Guillermo’s Answer

    • Selected as best answer

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

    Contractor installed new electrical box on the exterior of the house, right next to the gate that provides access to the backyard. The gate swings inwards toward the house and because of contractor's placement of the new electrical box, the gate c...

    Guillermo’s Answer

    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.

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

    Corporation sued in Calif court. As owner, I filed and answer for corporation. Plaintiff filed a motion to strike stating corp. must be represented by an attorney. Will the judge give me time to find an attorney before a default is entered?

    Guillermo’s Answer

    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.

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  • Lein placed on my property by the subcontractor of the general contractor

    I engaged an engineering company to complete a set of work and paid them in full. Some of the work done was completed by a subcontractor whom did not complete their full scope of work and required the general contractor to amend by other means to ...

    Guillermo’s Answer

    First, I assume the general contractor is licensed. If so, the general contractor must carry a license bond that is filed with the Registrar of the Contractors State License Board. So if the general contractor fails or refuses to pay his subcontractor or to remove the lien by bonding around the lien, you could make a claim against his license bond. You may want to contact a local construction law attorney for assistance with this process. Good luck.

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  • Should we sign an Unconditioinal Final Waiver of Mechanics Lien and Claim without payment from our customer?

    We filed a lien against a project our customer owes us on. Customer sent a Unconditional Final Waiver of Mechanics Lien and Claim for us to complete without being paid. They stated they can't get paid without these documents and once they are pai...

    Guillermo’s Answer

    Do not sign an "unconditional" waiver without payment. Typically only a "conditional" waiver is required to obtain payment. You should consult with an attorney.

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  • Looking to have an app created, what type of contracts do I need?

    I am looking to hire someone on a contract basis to creat an app for me for the apple app store. I am wondering what type of contract(s)/documents I would need to set into place in order to protect myself. The person who will be doing the work is ...

    Guillermo’s Answer

    Based on the limited information provided, it depends. The form, length, and complexity of the contract you may ultimately need, depends on your intended relationship with the person that will be creating the app, the arrangements made as to who owns the property, intellectual, licensing, and other rights to the app. You need to consult with an attorney before you set this project in motion to make sure you have a proper agreement in place from the start.

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

    Our neighbor has been using the City to harrass us. He has sent the police out to our house a few times on reports of violation of noise ordinance. Police noticed no violation when they came out...noise was coming from another neighbor. Neighbo...

    Guillermo’s Answer

    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.

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  • Steps in filing motion to expunge lien

    In California, Contractor filed lien. My attorney filed lawsuit for 7 causes. Contractor filed to perfect lien. Judge consolidated tge cases. I want o file motion to expunge lien. 1. Do i need to inform contractors attorney PRIOR to filing. ...

    Guillermo’s Answer

    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.

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  • Do I need another business license?

    I own a company that does Internet Marketing. But rather than doing internet marketing for other companies, we do it for ourselves. Using ranked websites in search engines, ads on PPC search engines, etc. Using affiliate links to earn commission o...

    Guillermo’s Answer

    Whether you should form a new entity or not, is not a question that can be answered in this forum. You definitely need General Counsel. General Counsel can evaluate your overall business to develop a strategy that best serves your current business model, while still providing the flexibility you will need to grow your business. Best of luck.

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

    Prior to signing a bathroom remodel contract, I asked for a breakdown of the proposal, to separate labor and material. I received a new proposal with the description of work to be done and a bottom line price. No materials were included. At t...

    Guillermo’s Answer

    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 which he charges for his labor.

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