David Tran is a construction attorney who works in the Long Beach, California area. David has 21 years of experience with license to practice in California. Some member organizations that he has provided seminars for include or have actively participated with include: US Small Business Administration, Construction Management Association America - Southern California, California Professional Association of Specialty Contractors, National Conference Vietnamese American Attorneys, Orange County Bar Association, Roofing Contractors Association, Los Alamitos Area Chamber of Commerce, Building Industry Association - Remodelers Council and Los Angeles County Association, Litigation, National Business Institute (NBI). More...More...
this indemnity agreement language shifts the burden of risk from the contractor to the owner. Ex. Owner is agreeing to indemnify (defend and pay for any mistakes or costs that contractor may face) AND hold harmless (not make a claim against contractor) for any types of claims or demands from any other parties involved in the project (including claims that contractor did not pay its subs or suppliers or where contractor caused other subs or vendors See More...See More...
The quickest way is to contact any of the construction attorneys in this group to draft the lawsuit and file it by the deadline in order to preserve your rights to enforce the mechanics lien. If you miss the deadline, then you will have rendered your mechanics lien toothless and will have to withdraw your lien. If not, the liened party can go to court and obtain an order to have your lien removed and charge you for the costs of removing it. See More...
sorry, but an unlicensed contractor cannot file a valid mechanics lien against homeowner nor can they file lawsuit to recover for breach of contract. The csll of California is very strict on unlicensed work.See More...
Disgorgement has been determined by the courts to be a penalty against the contractor for having licensure discrepancies. While it is a harsh penalty, it is NOT absolute. A contractor may have some wiggle room if he can qualify under section 7031 (e) but has to show that 1) he was licensed before the start of the project and 2) acted reasonably and in good faith to maintain proper licensure, and (3) acted promptly and in good faith to remedy the failure.See More...See More...