Cabinet maker is making a unit that will be installed by our licensed GC. We are contracting directly with the cabinet maker (not a sub to GC). How much is the cabinet maker legally allowed to collect from us up front? He wants 50% of total bef...
If the cabinet maker is not licensed and not doing the installation, there is no legal limit on the deposit they can ask for.
Usually they require a larger deposit for their labor and materials, but it is somewhat negotiable.See question
We are a solar installer and installed a $70,000. solar system on a customer's home. It is now complete and the city has signed the permit. The customer has now stated that he does not like that one of his two inverters is 3" deeper than the other...
There are companies that will handle the filing of the lien for you.
Did you have a direct contract with the owners?
When was your work completed, from your point of view?
You have to file suit on the lien 90 days after it is recorded.See question
We are a Subcontractor to a Prime Contractor.
Assuming there is a prime contract with a federal goverment agency, there is no preliminary notice requirement or a similar requirement under Federal law (which applies instead of state law), assuming you have a direct contract with the prime contractor who has the contract with the government.
You do have payment bond rights and should consult an attorney ASAP if you are not paid within 90 days of completing your workSee question
General contractor abandoned our project and misdirected funds 2 years ago. Attorney General (representing CSLB) has filed an Accusation against that attorney. One of the licensed subcontractors finished out the work at our home that he had cont...
Typically a subcontractor has no lien rights against the owner unless he has served a preliminary notice.
However, if you were directing his work or ordering changes in his work or supervising his work, that possibly could be enough for there to be some kind of contractual relationship between you and the sub such that he would not need to have served a preliminary notice to record a lien, or to sue you directly for the work you supervised or directed, etc.
Did you pay the contractor for all the work he was doing? If so, then you could possibly try to force the contractor to pay him, but he may not have the ability to do so.See question
I am an interior designer also acting as project manager on a client's remodel. The GC is working on a time and materials arrangement, and the contract specified the hourly rates for the GC and his workers. The GC is billing overtime for his emplo...
It is going to depend on what the terms of the construction contract with the owners say, and if you or the owners ordered additional work or the acceleration of the work under the contract
Normally even under a T&M contract, the contractor is not authorized to pay overtime and should do all work at straight time.
However if you or the owners change the contract by adding extra work without changing the completion date, or asked certain work to be done earlier than stated in the contract, then you may have impliedly ordered overtime.
I am not clear whether the construction contract is with you or the owners. If it is in your name, then it is possible that you may be illegally acting as a contractor, in violation of the License Law.See question
It's been 3 months and no work has been done went through Thanksgiving and now looks like Christmas and the living room is boarded up it's cold and rainy the adjuster and building contractor are to meet in the upcoming week to go over the revised ...
This is not a construction law case.
You need a plaintiff's personal injury lawyer.See question
My company did a job in Sacramento, CA for a stadium. Our direct client was contracted out by the stadium. My company was hired to installed an audio system in the stadium 115 days ago and have yet to be paid. We have a signed labor agreement expl...
Is this a public stadium owned by a public or government entity?
If so you possibly may have stop notice rights or payment bond rights, if you have not waived them by your delay.
Has the entire stadium project on which you have been working (not just your part of the project) been done or completed? If so, when was it completed?
Did you serve a Preliminary Lien Notice on the prime contractor and the stadium owner by registered or certified mail before the completion of your own work?
You have waited a long time, what was the reason for your delay in seeking legal advice and not taking action to get paid?
You probably need to consult a construction attorney ASAP or you may lose your legal rights, if you have not already lost them, but it might not be too late.
Please contact\ a construction attorney without further delay!!See question
I'm a licensed air conditioning contractor & I was hired by a representative of the owner to do some repairs that totaled to about $2,500.00. I have tried numerous times to reach the representative for payment & he does not return my calls, so I h...
That is true if the person really was representing the owner.
But you have to file suit on the lien in 90 days or it expires.
It might be better just to sue the owner and representative in small claims court, as this is a very small amount to have a lawsuit about!See question
We have mechanics lien against real estate property which the owner declared chapter 11 bankruptcy - debtor will soon be filing a reorganization plan and we want to improve our position and push up our mechanics lien to be senior in priority to th...
Assuming the Lien was timely and properly recorded and the time to sue on it had not expired at the time the Bankruptcy was filed, the lien would normally have priority relating back to the start of visible construction work on the property.
If other liens came after that date, they would be junior to to you.
If there are other liens, such as a judgment or mortgage, that were created before construction started they may be senior to you.
However, a prior construction loan may not be entirely senior to you, depending on the facts etc.
You need to retain both a Bankruptcy Specialist and a construction attorney ASAP to advise and represent you.
Please note that YOU MAY WAIVE YOUR RIGHTS IF YOU DELAY!!!See question
We hired an independent contractor to do deliveries. One of the contractors did not show up on time several times, made many claims, and one day just dripped the routes and went home. Because of that we lost the contract that we had with Lowe's st...
Its possible he could be found to be an employee rather than an "indepedent contractor", and you could possibly be ordered to pay him back wages, minimum wages, overtime, interest and penalties.
The "conference" may actually be a proceeding where you could be found liabile.
If you are treating other workers as independent contractors, consult with an employer's employment law attorney BEFORE the conference and before using any more workers as independent contractors!!!!See question