About Peter Dessau
Peter Dessau’s more than 30 year practice focuses on construction law, with an emphasis on litigation involving construction claims, defects and other
related issues. Regularly advising clients out of both the firm’s San Jose and Newport Beach offices, he represents developers, builders, design professionals
and contractors in payment disputes, and defends and prosecutes delay and impact claims against private owners, contractors and public entities.
A trusted advocate to his clients, Peter also regularly provides counsel to members of the construction industry on risk management techniques to avoMore...
related issues. Regularly advising clients out of both the firm’s San Jose and Newport Beach offices, he represents developers, builders, design professionals
and contractors in payment disputes, and defends and prosecutes delay and impact claims against private owners, contractors and public entities.
A trusted advocate to his clients, Peter also regularly provides counsel to members of the construction industry on risk management techniques to avoMore...
Peter Dessau's Recent Answers
Jun 19, 2020
Jun 19, 2020
From an Anonymous Contractor
CaliforniaAttorney at Miller, Morton, Caillat & Nevis, Llp
This is not complicated: if retention is not owed pursuant to the Contract Documents, say “no, I do not have the authority to release retention at this point
during the project.” You are not guided by the general’s perception of industry custom on this issue, but rather to terms of the prime contract. The general
could have contracted for the early release of all or portions of retention when it negotiated the prime contract. It didn’t or it was unsuccessful. In See More...
during the project.” You are not guided by the general’s perception of industry custom on this issue, but rather to terms of the prime contract. The general
could have contracted for the early release of all or portions of retention when it negotiated the prime contract. It didn’t or it was unsuccessful. In See More...
Jun 19, 2020
From an Anonymous Contractor
CaliforniaAttorney at Miller, Morton, Caillat & Nevis, Llp
You may not have lien rights but you still have contract rights. I suggest you engage legal counsel and sue the party you contracted with for payment. Also, it
is possible that if the HOA asked you to do any work during the 90 period, you still have lien rights. In short, engage an attorney through Levelset and get
concrete, direct advice based on the facts of your circumstance. I wish you good luck.
is possible that if the HOA asked you to do any work during the 90 period, you still have lien rights. In short, engage an attorney through Levelset and get
concrete, direct advice based on the facts of your circumstance. I wish you good luck.
Jun 18, 2020
Jun 18, 2020
From an Anonymous Contractor
CaliforniaAttorney at Miller, Morton, Caillat & Nevis, Llp
Yes, a lien can be increased provided the time for filing lien is timely. But remember, premature liens are not permitted either. If your firm is still performing
work, it is not permitted to lien the job. Instead, you should wait until you demobilize and then record your lien if your application for payment is not timely
processed.
work, it is not permitted to lien the job. Instead, you should wait until you demobilize and then record your lien if your application for payment is not timely
processed.
Jun 19, 2020
From an Anonymous Contractor
CaliforniaAttorney at Miller, Morton, Caillat & Nevis, Llp
If there is no quote, then there is no formal work authorization and arguably no contract. Aquatek could be characterized a volunteer not entitled to
payment. However, for both parties, the courts are not a logical forum for resolving this dispute and it is unlikely that it will prosecute a lien for such a modest
amount if there is no signed contract because Aquatek is not entitled to legal fees in a mechanics lien action. I suggest that you escalate this issueSee More...
payment. However, for both parties, the courts are not a logical forum for resolving this dispute and it is unlikely that it will prosecute a lien for such a modest
amount if there is no signed contract because Aquatek is not entitled to legal fees in a mechanics lien action. I suggest that you escalate this issueSee More...
Jun 18, 2020
Jun 18, 2020
From an Anonymous Contractor
CaliforniaAttorney at Miller, Morton, Caillat & Nevis, Llp
You must follow the procedure in the Civil Code for serving notice. Personal service, registered mail or certified mail are the only valid methods of service.
Certified mail is preferred, because it provides proof of proper service. By placing the prelien in your contract, inevitably you will exchange documents via
email and improperly serve your notice. Therefore, I recommend that you not utilize this method and instead create a reliable procedure of utiliziSee More...
Certified mail is preferred, because it provides proof of proper service. By placing the prelien in your contract, inevitably you will exchange documents via
email and improperly serve your notice. Therefore, I recommend that you not utilize this method and instead create a reliable procedure of utiliziSee More...
Details
Location
San Jose, CA
Years of Experience
37
Expertise Area
Construction Law
Licenses
California Bar
Languages
English