Aaron Flores is a construction attorney in Pasadena, CA. He is a founding partner at Flores Ryan, LLP. Mr. Flores has worked in the construction industry for over two decades. He possesses extensive mediation, arbitration, bench and jury trial experience. He is a frequent writer and speaker on the issues of contractor licensing, construction contracts and disputes, insurance and suretyship, construction defects, and risk management. Prior to becoming a construction attorney, he worked for his family’s construction company, where he obtained experience working in the field, bidding, estimating, and managing projects.More...More...
If the project is not yet completed, you need to determine whether you have the immediate right to withhold payments to GC1 in order to offset the damages you have incurred. If so, follow the procedure exactly as laid out in the contract documents and as your attorney advises you. It is generally preferred to withhold money as an offset, as opposed to filing an affirmative claim for payment or disgorgement and chase the general contractor. ImporantlySee More...See More...
You need to get evidence proving when and why the proejct stopped. The deadline to record a lien will depend on that evidence. The latest a mechanics lien may be recorded in California is determined by either actual project completion by all trades, a continuous cessation of labor for 60 days, or the recording of a timely notice of completion of notice of cessation. In the case of actual completion or a continuous cessation of labor for 60 days, the deadline tSee More...See More...
Yes, you can send a new notice. Just be careful to correctly fill it out, i.e., make sure that the amounts are reasonable projecttions, among other things. The preliminary notice is retroactive to 20 days before it was served. Here is a relevant Level Set article you might want to review: https://www.levelset.com/preliminary-notice/california-preliminary-notice-faqs/#:~:text=General%20contractors%20in%20California%20must,hasSee More...See More...
You have 90 days after the recording to file a lawsuit to foreclose on the lien. Meanwhile, you should make a claim on the license bond of the GC who hired you. Double track it. If you get to 60 days after recording without a resolution, then file your lawsuit to foreclose on the lien and include the license bond surety. See More...
You need to read the contract documents carefully. There should be a section regarding the owner's right to add and delete work via change order. Based upon those terms, the owner may be able to add scope then descope based upon price if they reserved that right. If they did not, and an actual change order was properly signed, then it is unlikely that the owner can de-scope the change order without being exposed to a claim for lost profits on the unpeSee More...See More...