Joseph Clark Melino’s Answers

Joseph Clark Melino

San Jose Construction / Development Lawyer.

Contributor Level 14
  1. Liability of real estate brokers

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Frank Wei-Hong Chen
    3. Joseph Clark Melino
    4. Catherine Elizabeth Bennett
    5. John Addison Vos
    6. ···
    7 lawyer answers

    Any analysis that needs to be done will really depend on the documents in the matter, the relationship of the parties and any contracts that exist between the respective parties. 1. The analysis has to begin with who the plaintiff is. Is it the "client" of the agency? A seller with a listing agreement with your company? What does the listing agreement say about liability of the Broker? What forms were used? The CAR forms have substantial language regarding the issues you relate. 2. Was...

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  2. What type of contract do we need for hiring General Contractor(s)?

    Answered almost 2 years ago.

    1. Joseph Clark Melino
    2. Kevin Samuel Sullivan
    3. Raphael Samuel Moore
    4. Kristine S Karila
    5. Nichelo Michael Campbell
    6. ···
    6 lawyer answers

    The nature of the work will drive that analysis. There are any number of forms and pre-prepared contract forms for commercial work. The forms for residential work involve a long list of legally required information and warnings. The content of the contract can be as found in many publications that may find in the local law libraries. It can be simple with a list of elements of the work, or as complex as you wish. What is required is a specific as to the required elements of the project ((...

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  3. 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

    In this circumstance, where the General Contractor has not made payment, you should file a complaint with the Contractors State License Board too. There are laws that require a paid General to pay subcontractors and suppliers within a set number of days from your payment to the General. Depending on the form of contract, you can also demand the the General make payment to the supplier or bond around any lien that might be filed. At issue too is whether the 20 day notice is timely, for which...

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  4. What can we do, a mechanic lien has been filed on our home because our contractor did not pay for materials used on our home?

    Answered over 1 year ago.

    1. Joseph Clark Melino
    2. Kevin Samuel Sullivan
    3. George William Wolff
    4. Timothy John Broussard
    4 lawyer answers

    You may not have to pay the money. Some questions need to be answered before that conclusion is correct. 1) Did the supplier issue a Preliminary Notice to you within 20 days of the time the concrete was delivered to the job-site? 2) Did the supplier serve you with a copy of the Lien? 3) Was a Notice of Completion Recorded. 4) If no Notice of Completion has 60 days expired since the cessation of work on the project? 5) Has 90 days expired since the time the lien was recorded? 6) Are you...

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  5. I have an out of state LLC that I had placed my San Diego house in. I understand it should be recorded in San Diego. Do I nee

    Answered about 2 years ago.

    1. Joseph Clark Melino
    2. Elizabeth Smith-Chavez
    3. Frank Wei-Hong Chen
    3 lawyer answers

    My first question would be, what is your lender going to say about that transfer to an LLC. Is it allowed by the terms of the lender's deed of trust and Promissory note? The fact that you had to take the property from the former LLC, to close on the borrowing, leads me to believe your lender has some language in its loan papers that prohibit a transfer to another entity without the lender's approval ((and likely fee payments)) to do the transfer. I suggest that if you do set up a...

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  6. How do I sue a landlord for breach of a Stipulated Judgement.

    Answered over 2 years ago.

    1. Joseph Clark Melino
    2. Kevin Samuel Sullivan
    3. Frank Wei-Hong Chen
    3 lawyer answers

    You use the words "Stipulated Judgement" in the heading of this question. That's important because it makes a world of difference in the method to enforce whatever the agreement you had with your landlord. The terms of your lease, the terms of the "Stipulated Agreement" and the factual background of what led to the "agreement" are necessary before any lawyer can tell you what it is you need to do. The short answer is, if it is a "contract," [the Stipulated Agreement] that contract is...

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  7. I am a painting contractor is Los Angeles. I finished a project 3 days early and client doesn't want to pay. Is this possible?

    Answered over 1 year ago.

    1. Albert Lee Crosner
    2. Joseph Clark Melino
    3. Jane Ellen Bednar
    4. Adrienne Patricia Allen
    5. Robert Jan Suhajda
    6. ···
    6 lawyer answers

    Assuming you have a direct contract -- you can gain some leverage by filing a mechanic's lien. If you do not have a direct contract, and you are working as a subcontractor, you have 20 days from the commencement of your work to issue a preliminary lien notice to the owner. That will then permit you to record a mechanics lien to cover your claim. The process is not as simple as it was prior to January 1, but it will give you an advantage. By the way, this assumes, too, that you are...

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  8. I'm a commercial tenant with existing contracts to complete. Can a new owner just evict us with 60 day or less warning?

    Answered over 1 year ago.

    1. Joseph Clark Melino
    2. Scott Richard Kaufman
    3. Kevin Samuel Sullivan
    4. Benjamin H. Ballard
    5. Melissa D. Lenhard
    5 lawyer answers

    You question isn't clear. Do you have a lease? Is it still in existence? The terms of your lease will give you the answers -- and you should have it reviewed by a lawyer. If you have no lease, and are a month to month, tenant, then it is possible for your landlord to give you a notice of termination or other, shorter, notices if you fail to pay your rent and/or keep your promises under the prior written lease for the property, which will serve as evidence of the terms of your occupancy...

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  9. How can filing a mechanic's lien help in collecting fees for construction work done?

    Answered almost 2 years ago.

    1. Cathleen M Curl
    2. Joseph Clark Melino
    3. Scott G Wolfe JR
    4. Nicholas Basil Spirtos
    4 lawyer answers

    Your use of the mechanic's lien laws to assure payment could cost you more than the project. For starters, no attorneys fees can be collected without some contract providing the "customer" will be obligated for them under the agreement. The law divides claimants in various classes. In your case it is hard to say whether you are a "direct" or a sub-contractor. If you are direct you are excused from the requirements that you give a 20 preliminary notice to the owner and any lender of record. In...

    3 lawyers agreed with this answer

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  10. Can my neighbor park his boat for two/three days on the easement in front of my house; I live on a private road.

    Answered over 1 year ago.

    1. Joseph Clark Melino
    2. Michael T Millar
    3. Nicholas Basil Spirtos
    4. Michelle A. Perfili
    4 lawyer answers

    While this person seems to be acting under permissions of the neighbor, he has no right to block the easement. If there are other owners who are blocked, the group of you can bring an action for interference with the easement. It may be that your local community has a mediation service. El Cajon or the County of San Diego. That might be less expensive than bringing the required action to enjoin the defendant from parking his boat on the easement. Seek out an experienced real estate lawyer...

    3 lawyers agreed with this answer