Archived
In CA, will filing Bonded StopNotice, instead of a StopNotice, stop a Prime Contractor from getting a Stop Notice Release Bond?
Johnathan's answer
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Answered on February 02, 2012
The prime contractor can bond around both bonded and unbonded stop notices, on both private and public works.
Civil Code section 3196, which...
Is there a California law that prohibits the general contractor from receiving 0&P fees on a job with less then 3 trades?
Johnathan's answer
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Answered on January 31, 2012
There appears to be a couple issues here.
Mark-Up vs. Cost of the Work:
I am not aware of any legal analysis which would allow you to be...
When should you file a notice of completion?
Johnathan's answer
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Answered on December 15, 2011
First, the period within which mechanic’s liens may be filed does not commence until after “completion of the work of improvement”. “Completion”...
Archived
I filed a mechanics lien on a property because the owner failed to pay me for a job. But I did not sue to enforce the lien ...
Johnathan's answer
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Answered on December 12, 2011
You are not affirmatively obligated to provide the owner a formal release relative to the expired lien, but if you refuse to do so the owner may...
Archived
Is this a reasonable cause to abandon contract?
Johnathan's answer
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Answered on November 25, 2011
I agree with Mr. Kron that more facts would be needed to really understand the situation. Generally a contractor can stop work if the owner fails...
How do I remove a stop notice on a public works project?
Johnathan's answer
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Answered on November 17, 2011
The above answers are correct: A release of stop notice is the primary form required to withdraw a stop notice.
The following additional...
Archived
What legal action to take if builder is patching thru items to correct
Johnathan's answer
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Answered on October 13, 2011
If your contractor’s work is defective then you have a claim against him for damages. The damages will be measured as the cost of repairing the...
Archived
What if the project was put on hold and i didnt finish my work? can i still file a mechanics lien?
Johnathan's answer
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Answered on October 10, 2011
I agree with the above, regarding the Preliminary 20-Day Notice.
I will make a note about small claims court, since you referenced it in your...
Archived
Is the General Contractor's (GC) liability for a job he constructs dependent on how the funds for the job are dispersed?
Johnathan's answer
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Answered on October 10, 2011
The problem here, it seems, is that the Lender appears to be requiring that Homeowner obligate itself to the SC via a direct contract, but appears...
Archived
Can you record a "mechanics Lien" if you did not file a 20 day preliminary notice? Any loopholes here?
Johnathan's answer
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Answered on October 05, 2011
I agree with Mr. Chen.
But, if you have performed any work within the last 20 days you may still serve a Preliminary 20-Day Notice and get a...
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