Cathleen M Curl’s Answers

Cathleen M Curl

Millbrae Construction / Development Lawyer.

Contributor Level 12
  1. Do I need a real estate lawyer or construction lawyer?

    Answered about 1 year ago.

    1. Cathleen M Curl
    2. Thomas Patrick Quinn Jr
    3. Harvey Ira Stern
    4. Nichelo Michael Campbell
    5. Michael Raymond Daymude
    6. ···
    6 lawyer answers

    You should run, not walk, to talk to an experienced construction attorney. The contractor can only lien for the amount of work that he has already performed and hasn't been paid for. He's not allowed to lien for the remaining balance if he hasn't done the work yet. You can recover damages which include the cost to complete and correct the work, the extra rent & utilities, etc. and other damages. You should also file a complaint against the contractor with the Contractors License Board. You...

    9 lawyers agreed with this answer

  2. I'm a subcontractor and recently finished painting a customer's house. Allegation of asbestos and threat of affecting license.

    Answered about 1 year ago.

    1. Cathleen M Curl
    2. Sagar P. Parikh
    3. Brad S Kane
    4. Timothy John Broussard
    4 lawyer answers

    The mere fact that someone filed a lawsuit against the general contractor does not affect your license or your license bond. The general contractor will probably file a cross-complaint against you in his lawsuit with the owner which you should then immediately tender to your liability insurance carrier. If a judgment is entered against you in a lawsuit, and if the judgment holder knows to serve a copy of the judgment to the License Board, and if you fail to pay the judgment within the time...

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  3. What options do I have as a general contractor when I wasn't paid and when I was prevented from completing the work?

    Answered 9 months ago.

    1. Cathleen M Curl
    2. Scott G Wolfe JR
    3. Rogelio O. Vega
    4. Tony Morgan May
    5. Timothy John Broussard
    5 lawyer answers

    It's dangerous to just stop working on the project because then you could be in breach of your contract. You will want to write a letter to the owner saying you're ready, willing and able to complete the project per the plans and specs upon payment, enclosing an invoice for how much you're owed, and enclosing change orders for any extra work he has requested for the owner to sign. Most importantly, you should immediately consult with an experienced construction attorney to talk to you...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Im a self employed I was hire by a real state Representative to do a construction work at a property an its been 8 months since

    Answered about 2 months ago.

    1. Cathleen M Curl
    2. Alan Ray Barnes
    3. Chi Leung Ip
    3 lawyer answers

    It's most likely too late to file a lien unless your work was part of a larger overall construction project that is not finished yet or finished less than 90 days ago. If you're not a licensed contractor and the work was for more than $500 and required a contractors license, then you can't sue to recover the money you're owed. Even without the lien, if you're licensed you can sue whoever hired you in Small Claims Court. You have 2 years from the date of the breach to sue on an oral contract,...

    6 lawyers agreed with this answer

  5. I live in San Marcos, CA. I'm a contractor, and need to file a mechanics lien in Riverside County. Where do i get the forms?

    Answered 8 months ago.

    1. Cathleen M Curl
    2. Rogelio O. Vega
    3. Scott G Wolfe JR
    4. Kevin Samuel Sullivan
    4 lawyer answers

    Mechanic's liens can be tricky, especially if you've never done one before. I agree that it's best to have an experienced construction attorney or lien filing service prepare it for you If you don't do it exactly right you may lose your lien rights and not know it until it's too late.

    6 lawyers agreed with this answer

  6. Does a contractors insurance policy cover faulty workmanship

    Answered 8 months ago.

    1. Cathleen M Curl
    2. Brad S Kane
    3. Rogelio O. Vega
    4. Christian K. Lassen II
    5. Timothy John Broussard
    6. ···
    6 lawyer answers

    General liability insurance generally covers property damage and personal injury but not defective work itself. However, the contractor would be liable even if his insurance doesn't cover it if you obtain a judgment against him. The CSLB can help you enforce a judgment by suspending his contractor's license if he doesn't pay you within 90 days after you give them a copy of the judgment. There are no guarantees however. You should discuss this with an experienced construction attorney.

    6 lawyers agreed with this answer

  7. Does the public entity have to pay the general contractor or can they pay a sub directly, after stop notice has been filed

    Answered 5 months ago.

    1. Cathleen M Curl
    2. George William Wolff
    3. Rogelio O. Vega
    4. Timothy John Broussard
    4 lawyer answers

    The Public entity can pay a sub directly but most don't like to do so. I would suggest having the general contractor and the sub both meet at the public entity's office and have the sub give a stop notice release to the pubic entity in return for a joint check which the general contractor signs over to the sub. The gc will need to go to the bank with the sub or get a signature guarantee for the bank for the sub to be able to deposit the check

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  8. Is there a dollar maximum before I have to provide Workman's Comp insurance to an unlicensed sub-contractor?

    Answered about 1 year ago.

    1. Cathleen M Curl
    2. Ruben Alonso Montoya
    3. Timothy John Broussard
    4. George Ellis Corson IV
    5. Richard Carl Binder
    5 lawyer answers

    No, I'm unaware of any $500 ceiling for unlicensed contractors for Workers Comp insurance. You will need to pay it on all of his jobs, not just the jobs over $500.

    5 lawyers agreed with this answer

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  9. 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

    Your contractor is 100% WRONG! The law doesn't care how much profit he was making, or if he was just doing a "favor" for you. An unlicensed contractor cannot sue for any money owed on a project, and you can demand a refund of any monies you do pay him. You could also file a complaint against him with the Contractors State License Board, if you chose to do so.

    5 lawyers agreed with this answer

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  10. How to response to California Preliminary Notice from a supplier after already paying contractor in full?

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Cathleen M Curl
    3. Joseph Clark Melino
    4. Chi Leung Ip
    5. Michael Bernard Rover
    5 lawyer answers

    I agree with the other attorney but I would also recommend you call the supplier and find out if they've been paid yet. If not tell them to look to the contractor for payment and follow up with a letter to them. I would then call the general contractor and tell him to take care of it.

    5 lawyers agreed with this answer

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