Found out during discovery that contractor is not duly licensed, can I ask for attorney fees?
Nichelo's answer
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Answered on February 06, 2013
Business and Professions Code section 7031 provides that you can recover all monies paid to an unlicensed contractor. Code of Civil Procedure...
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Contractor Incompetence Seems to be Legal
Nichelo's answer
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Answered on January 25, 2013
There are in fact several statutes and case decisions which discuss at least some of the issues you mention and have bearing on everything from...
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What is the statute of limitations on a motion to disgorge (re: contractor in California)?
Nichelo's answer
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Answered on January 14, 2013
As to the disgorgement argument, I agree it might be only a 3-4 statute of limitations argument depending on the date of discovery; if he lied to...
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Mechanics lien filed in CA on Jan 10, 2013, demanding to honor a contract dated Aug 20, 2012 valid?
Nichelo's answer
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Answered on January 14, 2013
I'm assuming that the solar company's position is that you didn't timely (or wrongfully canceled) the contract and it's seeking lost profits as it...
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If there is a dispute over payment, does the fact that a homeowner KNOWINGLY hired an unlicensed contractor make a difference?
Nichelo's answer
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Answered on January 03, 2013
The burden is always on the contractor to plead and prove proper licensure in any court action to collect money or defend against a claim for...
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My question was do I need to have a contract to file a mechanic's lien? California business and professions code 7159 says yes.
Nichelo's answer
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Answered on January 03, 2013
While I agree with my colleagues that you likely can legally record and serve the lien if you're within the time periods, if this was residential...
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Can a contractor obtain an LLC since 2003?
Nichelo's answer
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Answered on January 03, 2013
Some more information is needed to fully answer your question. Keep in mind that the formation of the LLC could have occurred several years ago...
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Is online income from selling goods taxable?
Nichelo's answer
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Answered on January 02, 2013
I'm not a tax attorney so my thoughts here might be incorrect but I had some experience with this issue myself and as I understand it, as a general...
Can a general contractor ( class B ) build a new drive way?
Nichelo's answer
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Answered on January 02, 2013
This depends on the full amount of the work. An "A" contractor can contract to perform all or any part of a project that falls under the "A"...
What Minimum dollar value of mechanics lien dispute that guarantees the right to a trial by jury?
Nichelo's answer
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Answered on January 02, 2013
I agree mostly with the answers my colleagues previously provided. The only thing I would add is that if the matter is filed outside small claims...
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