Archived
Home Builder abandoned construction and I was seriously injured checking out home , Are they still liable?
Timothy's answer
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Answered on October 10, 2013
In addition to general tort claims, many construction contracts provide that the contractor is responsible to keep the project clean and free of...
Archived
How can I encourage construction bond company to settle dispute in timely manner?
Timothy's answer
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Answered on October 07, 2013
I am assuming that you are referencing a license bond and not a payment bond. The license bond will have a maximum penal sum of $7,500 (despite...
Archived
I am in a contract with a licensed general contractor.
I have an agreed upon final payment coming due when work is complete.
Timothy's answer
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Answered on September 27, 2013
A private project (such as a home) is generally structured differently than a public works project and is contract driven. Often, an owner will...
Archived
By accepting partial settlement from a bond company/surety, do I give up rights to recover additional damages from the surety?
Timothy's answer
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Answered on September 18, 2013
It appears that the surety is paying you an undisputed amount and acknowledging that there is still an outstnding disputed sum to be resolved. ...
Archived
Can a material supplier file a prelim if all materials were picked up by the contractor (not delivered to jobsite)?
Timothy's answer
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Answered on September 17, 2013
The answer to your question is yes, but I believe you are intending to ask a different question. Any potential claimant may serve a 20 day...
Archived
I have a lien filed based on the Miller Act against a government project. Once the company received notification of the lien,
Timothy's answer
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Answered on September 17, 2013
Technically, you cannot "lien" a Federal project. A lien (Mechanics' lien) is reserved for private works projects. Nontheless, assuming that all...
What is the maximum deposit for a construction contract?
Timothy's answer
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Answered on September 12, 2013
There may be different rules governing commercial projects versus residential projects. For instance, in California, a residential contractor's...
Answer served but not filed; when is Motion to Strike answer due?
Timothy's answer
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Answered on December 07, 2011
You would be permitted to file a proposed order with the court (generally the prevailing party on the motion/demurrer would be requested to submit...
Archived
Can I send more interrogatories and document requests?
Timothy's answer
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Answered on December 05, 2011
That may depend. If the opposing party raised objections to your interrogatories and document requests, and you did not file a motion to compel...
Archived
Deaful judgement
Timothy's answer
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Answered on December 05, 2011
Assuming that you have been served with the lawsuit and that a proof of service is on file with the court, the court will often not take any action...
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