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Darryl Horowitt

About Darryl Horowitt
Darryl Horowitt is a construction attorney who works in Fresno, California. Darryl has 37 years of experience with 1 license to practice in California. Some
member organizations they are a part of include California Creditors Bar Association, American Bar Association, Fresno County Bar Association, State Bar of
California, Association of Business Trial Lawyers and Construction Law Section. Darryl attended Western State University College of Law, graduating in 1981.
They currently work at Coleman & Horowitt LLP in California.
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Darryl Horowitt's Recent Answers
Nov 5, 2020
From an Anonymous Contractor
California
If y ou had a written contract for the work you can file a lawsuit against the contractor for breach of contract, which has a 4 year statute of limitations in
California (can't comment on other states). If the agreement was oral, but you billed using statements sent over regular intervals in writing that were not
objected to, you can also file a claim for account stated or open book account.  
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Nov 5, 2020
From an Anonymous Contractor
California
Even without a prelim or inten to lien, you can still recover against the company that you supplied your product to as you have a contract with them. If the
amount is enough, once suit is filed, even though you can't lien the project, you can seek a writ of attachment against the company you sold your product to
which, if granted, will allow you to attach assets of the company until judgment is issued.
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Nov 4, 2020
From an Anonymous Contractor
California
You should consider paying the undisputed amount (and obtain a waiver and release based on the amount of the payment), bonding around the claim (which
will be less as you've paid the undisputed amount) and then litigating over the disputed portion.  
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Nov 4, 2020
From an Anonymous Contractor
CaliforniaLien Releases
Based on the timing in which the lien was recorded, in California you can file a petition for removal of the lien as untimely. If granted, the lien will be removed
and you can recover attorney's fees for filing the motion.
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Oct 26, 2020
From an Anonymous Contractor
CaliforniaConstruction ContractLawsuitLien DeadlinesLien ForeclosurePayment Disputes
Once you have recorded a lien, you have 90 days to file a lawsuit to enforce the lien. If you have a contract that requires arbitration, I normally recommend
filing a complaint in court with a petition to compel arbitration and stay the lawsuit pending arbitration.  
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