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Cathleen M Curl

Cathleen Curl’s Answers

389 total


  • Breach of contract with general contractor. I was approved for progress payment of $17,500 and was never paid.

    He had to secure a payment & performance bond for the project, since I was never paid I should go after bond company once notice of completion is filed with the city of S.F.

    Cathleen’s Answer

    Yes, you should make a claim immediately against the payment bond. You can ask the city of SF for a copy of the bond. You should also file a Stop Notice with the City against the construction funds. Do this immediately. Don't wait until the Notice of Completion is filed. You should consult with an experienced construction attorney for guidance on how to do this. You can lose your rights if you don't do everything correctly and within the right time frame.

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  • Home addition dispute with contractor - 1 room with 1 small bath - not complete in 11 months/contractor is not serious

    I hired a contractor 09/10/14 to add one room and a bathroom. I wrote all the work in an email with titled contract, put the contract price and asked him to agree with it which he did. I specifically wrote that all work will be according to the ci...

    Cathleen’s Answer

    I agree that the "contractor" you hired is in big trouble. If he's unlicensed, he can't sue to recover any money he thinks you may owe him and you're entitled to get a refund on the money you've already paid him. You can file a complaint against him with the CSLB. That won't get your work done corrected or completed though. I suggest you consult with an experienced construction attorney right away to talk about your options here.

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  • Hi, Is not honoring warranty a breach of contract?

    A contractor replaced our roof and did it wrong, he has to replace the roof a year later. He asked us to sign a POA to start the work. The POA reinstate the warranty for workmanship, however, when we discovered an issue relating to workmanship, ...

    Cathleen’s Answer

    I'm assuming that POA refers to Purchase Order Authorization. You need to take your original contract and the POA and all correspondence with the contractor to an experienced construction attorney so they can review it and discuss your options with you. If he did the work differently from what is shown on the plans (if any), and if the work was not done per industry standards, then he may have to redo it. If the matter is just an aesthetic issue of you not liking the look of the roof now that it's finished and the contractor did everything right, then that's a different matter. You can find an experienced construction attorney on AVVO here.

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  • Cont. negligence on their part from lack of using reasonable care, which breached their contract

    with me, the insured, refused to pay more than mold cap and left me hanging with an unsafe and unhealthy environment for a year and a half before a minor incident occurred abd the City of Fresno Building and Codes inspector came out and condemned ...

    Cathleen’s Answer

    I agree that you haven't asked a question we can answer and your facts are confusing. Maybe you can rephrase it with a question and resubmit it.

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  • Cont HELP! facts that this company was not liccensed to do the contract work were not known until Jan. by me and complaint filed

    with CSLB 1/21/2015 so i think the two yeat statute if it applies could be extended from the date this fact was discovered as CSLB taking disciplinary action. then i suffered damages as a third party to their contract and was never informed of an ...

    Cathleen’s Answer

    I agree that your facts are confusing. We would be happy to try to answer your question if you have one. Maybe you can rephrase this with a question and resubmit it.

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  • How can I dispute a mechanic's lien in California?

    My contractor is wrongfully placing a lien on my property if I don't pay up an exaggerated bill by 5pm today. He flooded my bedroom in the process of remodeling my bathroom, promised to replaced the wet carpet but without consulting me on the repl...

    Cathleen’s Answer

    I think a strong letter from an attorney would be advised here. He may just be bluffing about the lien. He may back down if you tell him you're going to file a complaint against him to the Contractors State License Board. If he does record a lien, it expires after 90 days unless he files a lawsuit to foreclose the lien, and lawsuits are expensive. You can demand that he release the lien after 90 days if he doesn't file a lawsuit. If he doesn't you can file a petition and get the court to release the lien, and he's liable for your attorney's fees. You can't release a lien in Small Claims Court but you can recover damages of up to $10,000 against him for your repair costs.

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  • Who pays for a contractor's failure to install fire sprinklers?

    I'm in the process of buying a modular home, placed on a previously owned piece of property in California. An attached garage was bid on by the general contractor on the job. When fire inspection failed for having no fire sprinklers In the garage,...

    Cathleen’s Answer

    You need to look to your contract and see what it says. If the fire sprinklers are on the plans and the contractor bid his work per the plans, then the contractor must pay for them. Iif there are no plans, then you need to look at the contractor's scope of work. I suggest you consult with an experienced construction attorney about this.

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  • How can I collect on a restitution judgment issued by CSLB?

    Filed a CSLB complaint against general contractor for material contract breaches, including faulty work, financial exploitation, hiring of unlicensed subcontractors, failure to provide evidence of workers' comp insurance, misrepresentation of busi...

    Cathleen’s Answer

    Getting paid from your judgment can be difficult. The entity that can put the most pressure on the contractor to pay is the CSLB with the threat of revoking his license but you say that you don't think this will be an incentive for him. You will probably need to get the CSLB confirmed by the Court and turned into a Court judgment which will then be enforceable. You can garnish wages but that doesn't work if the contractor works for himself. You can levy on his bank accounts. If you wrote him a check for any of his work then his bank information may be on the back of your check. You can also conduct what is called an "Order of Examination" where you subpoena him to come to court and make him answer questions about his assets so you know what they are. If he refuses to appear the judge can issue a bench warrant for his arrest. This area is complicated so I suggest that you consult with an experienced attorney about your alternatives.

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  • Had air condition/heating system installed and contract shows no asbestos in ducts, installed less than 5 years ago

    I had my kitchen/living room remodeled and vent put in over range, notice air condition wasn't working and had my air condition serviced by the installer, when they went into the attic, found a vent was crushed/stepped on and said that it looked l...

    Cathleen’s Answer

    I agree with counsel that asbestos is not generally a problem unless it is disturbed. If asbestos was there originally, then it's not the contractor's responsibility to remove it. I agree that your best course of action is to have a licensed asbestos contractor inspect this area to check things out for you.

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  • What happens to me if I walk off a job in California as a licensed contractor

    I used my license to help a unlicensed contractor complete a job and he totally meshed the job up and it is going to cost me thousands to fix all the problems

    Cathleen’s Answer

    Your license is at risk. It's against the law to lend your license to someone else. You need to try to fix this or your license could be suspended or revoked and you might have to pay a fine.

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