Does a painter have to disclose no caulking is included?: We signed a prep and paint contract and the contractor advised after no caulking was included? He also primed the house before any bondo or epoxy was applied and wants to charge to resand and prime again those areas.
Jeannette’s answer:
There is no requirement that a contractor include anything specific about the exact work to be performed, other than the written contract must have the heading “Description of the Project and Description of the Significant Materials to be Used and Equipment to be Installed,” followed by a description of the project and a description of the significant materials to be used and equipment to be installed. Most disputes I encounter are the result of lack of detail in the contract (usually the contractor's fault), so that the homeowner expects one thing and the contractor thinks he has been contracted to do something different.
Under California law, a home improvement contract (which would include work of a painter) is required to be in writing if the work and materials are over $500. The law identifies a lot of specifics that must be included, such as price, disclosures, procedures for a Notice of Cancellation, and approximate start and completion dates. If these were not included in your contract, there is a good chance that the contractor's contract is not compliant with California law.
I usually ask first whether the contractor is properly licensed, does it carry the appropriate workers' compensation insurance for any individual working on the job (that isn't working for another licensed contractor on the job), and does the contract comply with the law. If "no" to any of those questions, that raises red flags. Then I would look at how specific the written contract was and determine whether it was clear that caulking was not included, and whether resanding/priming was necessary due to the contractor having improperly performed work. From there, you could negotiate prices you agree to for caulking if it was not included, try to persuade the contractor to do all of the remaining work as part of the original contract without new charges, try to reach some other resolution and continue working with the contractor, or part ways and decide whether any legal action or complaint to the Contractors State License Board or the contractor's bond company is warranted.
Best of luck.
Re there both judicial mechanics liens and non judicial mechanice liens in the state of California, if so what is the differnce: have'nt been paid
Jeannette’s answer:
In California, for construction matters we usually just use the terms "Mechanic's Lien" or "Claim of Mechanic's Lien." Note that there are very short time periods within which you would need to have your Mechanic's Lien recorded with the county, and after that, to file a lawsuit if you have still not been paid.
Having an attorney or a service prepare, serve, and record a Mechanic's Lien for a contractor is usually not very expensive, and is well worth the cost to ensure that it is done correctly. If a lien is prepared incorrectly, or not served on the owner (and other contractors or lender, under certain circumstances) properly, you could lose your lien rights and not be able to file a lawsuit for enforcement of the lien. You could still have other remedies though, but generally none which have the security of having a lien on a piece of property.
Where and how do I find out if I have a eviction court date?: Is there a way to find out if my landlord has filed paperwork in eviction court? I have received no notice of a hearing but I overheard him saying he's getting ready for the court date. When can the sheriff be called to forcibly evict me?
Jeannette’s answer:
Once the landlord files the paperwork (called a Complaint), he must have it personally served on you. Once that happens, you have five days to file and serve a response. (In some cases, the papers can be served on another adult who lives with you if you cannot be served in the first 2-3 attempts. You'll have additional time to respond.) At that point, either party can request that a trial date be set. Notice of the trial date must be given. That is usually done by regular mail.
Unlawful detainer (eviction) cases are not public record for the first 60 days, so it is not always easy to find out if a case has been filed until you are served. Some courts allow for a search by name and address, but it has to be identical to the way the landlord's Complaint was filled out, so it is not always easy.
If the landlord prevails at the trial, you would then be served with a Writ of Possession. Depending on how long it takes the landlord (or his attorney) to get the paperwork from the court, that might happen very quickly, or might take a few days or even longer. From the date you are served, you will have no less than five days to move out.