I signed an agreement with a general contractor to remodel, the agreement indicated that he would pay for the materials, but during the construction, he asked me to re-sign the agreement due to the original one I signed is "estimate", he said the ...
I would very much bet that the contractor did it have you sign a valid home improvement contract.
That alone is a big problem for the contractor.
Also, as related to the first issue, the home improvement t contract limits how much you would have to pay up front for down payment. Contractor can't just change that without violating the HIC.
Next, the second contract is voidable if it was made without you receiving new consideration.. i.e.. "what are you getting that is different from the old contract". So, even if the contractor sues you, your first line of defense is they huge contractor did not use the mandatory HIC.See question
I had the general contractor and the painter working in different area of the home. They had a fight due to the general contractor's post stick out and the painter got some bruise. One day the general contractor told me the painter stole his tw...
Lots of different issues going on here.
1) was painter a subcontractor of the general or was painter direct Ly contracted by you?
2) was painter a valid contractor with active license and work comp?
3) if painter is a valid company and not a direct employee of homeowner, I don't see how general contractor can hold you responsible for painters action.See question
I can provide pictures is needed. Cabinets company plays like everything is done right.
There is a big difference between poor workmanship resulting in an unattractive unsightly construction project versus a project that is considered 'construction defect'. A job done poorly that meets the minimum standard of functionality, while ugly, does not fall below the standard of care of functionality and is not deemed a defect. Whereas, a job done poorly that falls below the acceptable standard of care AND results in physical damages or injures the property is deemed a construction defect.
If not a construction defect, then you may not have a claim against the the general liability insurance policy (if the contractor has one).
If the contractor does not have general liability insurance, then you may be stuck trying to go after someone with little or no assets.
You may want to start by seeing if the contractor used an approved Home Improvement Contract pursuant to Bus & Prof code.See question
My contractor and I were a mere couple of hundred dollars off in our payment talks. He then came back and demanded I not discuss him in social media, remove my CSLB complaint, guarantee of satisfaction, and not go after his bond. He told CSLB th...
There are a myriad of ways that the contractor can invalidate his mech lien,including the failure to complete scope of work, failure to file prelim, failure to provide proper notice.
Because the mech lien remedy has profound impact, the application process is strictly enforced, meaning that there is little leeway if the contractor makes a mistake.
The key to find where the contractor has made mistake.See question
signed contract for repair. I question their poor work. stated he had enough of my questions. would send me a check for what he thought it would take to finish repair. And, of course, his superior now says he will take over project.
When you say, 'his superior, do you mean the general contractor of the project? You have. Contract for a finished project , if the subs contractor walks off of the job, then the general is on the hook to complete it without imposing you with additional costs.See question
We did an addition. The work is sub-par. The contractor hired unlicensed subcontractors and paid them without withholding taxes. He also did not have them covered under his work comp policy and got defensive when I questioned him. I owe less t...
The previous answers are accurate.
At first blush, employees without workers comp leads me to think of possible disgorgement. However, if contractor has workers comp, but under reports employees, disgorgement is much harder to achieve.
I hired a licensed contractor to do significant plumbing work in my residential building. He came in and told me what needed to be done, then performed the work. I paid him. Shortly thereafter, the city inspector reviewed the site to issue a pe...
You didn't get what you paid for. You contracted for professional plumbing services and what you got did not meet the minimum standard for the work performed.
I would make a claim against the plumbing contractor's license bond. Check out CSLB's website on how to make a claim.
The bond not be enough to over the whole cost of repair, but it will get the contractor in enough trouble with CSLB and his bond company that he will want to resolve the problem.
Additionally, you have a breach of contract claim against the plumber also. That may take a lot more time and money to pursue, but depending on whether the contractor has insurance or not, it would be wise to consider it.See question
Bathroom was installed in November of 2011. Upon finding leak, HD sent installer out who knocked a whole in the garage to determine where leak was coming from. There you can see where Jexpo Construction did not properly install shower pan as it ...
You have a breach of contract against HD and it's subcontractor ( unless you contracted directed with the subcontractor). If the subcontractor is insured, you canals a claim for 'resultant damage'. That won't pay for everything, but it should play for damage arising from contractor's negligent work.
The important question is when did you learn of or reasonably suspect the propriety damage. You have a little more leeway to 'discover' the damage if it was latent ( hidden behind the walls).See question
When we suspected the contractor was using some unlicensed workers (poor work, workers admitted not licensed) we asked the contractor for proof of workers comp and CGL. He ignored repeated requests for this info. Due to various contract breache...
It is not uncommon for a contractor to initially report to CSLB that they do not have employees. It only matters that they have workers comp coverage at the time of your contracted job.
As for unlicensed subcontractor, if sub is unlicensed then they are deemed employees of the general contractor.
You may have grounds for disgorgement and recovery of every dollar paid to the general contractor for using unlicensed subs.See question
We understand there is a $800 annual fee that CA tax board charges even if LLC formed in AZ. Does AZ charge an annual fee for LLC formed in CA? Any other pros and cons we should think about. This is our only rental property.
You may want to consider filing in California and avoid az llc fees and costs. If you were sued, you can force them to fight in CA instead of Az. Of course there are many other factors to consider to list when dealing with rental property in different states.See question