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California Construction Contract Questions
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Construction Contract
California
i want to know if the contract is still valid if the person who loaned me money to stay out of forclosure never filed a lien on my property and it is over 5 years ago. Is there a statue of limitations on when they can file. this contract basically gives the person my home and i signed under duress to stay in my home and not get kicked out. I don't know what do or where to start research.
CaliforniaHi Matt, one more question. I believe this company is some sort of predator business, the reason I say that is because we called out our original water well pump company to come out on a warranty for a broken pump and he came out and brought others with him, we thought they belonged to the same company and while pulling up our pump to replace it they broke the well pipe off in the well they said "don't worry about it" we'll fix it, so we waited for 3 months and finally the guy that came with our pump guy showed up at our gate and said "I have the well rig right up the road and I'll bring it over and fix the problem" We asked ahead of time if there was going to be a charge for it and his exact words were "don't worry about it" as the work continued my husband kept telling him "I hope there is going to be no cost because I have no money" the guy kept saying don't worry about it" after he pulled out the broken pipe he asked for half the money and my husband said what money and the guy said "you owe me $7000 and I want half now" of course we had no money. and he left us with no water still, before they broke off the pipe we had 50 feet of water in the well and the guy did not pull out the dirt and now we have 10 feet of un-pumpable water. we do not have a contract or a verbal contract at all. We did not know till later that they were a completely different company. are we still liable to pay that huge bill. we told him that we could have gotten someone else to do the same work for $3000 the guys work is worth something so we were going to pay him competitive price and then stop the payments. can he sue us? thanks again Chris
CaliforniaThe contractor was removed from the job, due to poor performance and poor quility of work.
There was no signed contract and only a verble agreement. But they failed in all parts to the verble agreement. They demanding money for work and materials rendard but have been replaced by another contractor and the new contractor is reduing most of what the first contractor is doing. the first contractor has been paid for most of there work but now has to be redone for the most part, above and beyond what they are owed. Do they have any legal rights?
CaliforniaWe hired a pool designer/builder to complete the installation of a pool and backyard remodel design. We did not allow for sleeves to be in the contract, as we were unclear they were needed, however we did take this information back to the builder once discovered and they agreed via text message to install the said sleeves. They pured concrete without installing the sleeves and are now threatening a mechanics lien on the property due to non payment, as we are attempting to be compensated because we can not go back and place those sleeves as the concrete has been poured. Would the text message from the pool builder be legally binding in California?
CaliforniaI'm a sub that got behind paying my supplier and now the general wants to pay the supplier and deduct that from what he owes me. I have the right to deal with the supplier on my terms, no?
CaliforniaI am a Subcontractor on a project and have a contract with the Prime Contractor. I have a second tier subcontractor who ceased operations after being paid in full via a joint check made out to my company and the second tier sub from the Prime. However, the second tier sub did not in turn pay a supplier used on the project. A mechanics lien has now been filed and the Prime contractor is forcing me to settle the issue (citing sections of my contract), or the amount will be taken from my contract's retention to satisfy the lien. Assuming the lien is valid and meets all requirements, do I have any options available to me?
CaliforniaOriginally I was working a $40,000 contract on the basis of a proposal only...i completed ones section of project (about $20,000) as requested by owner/general...then came back 3 months later to complete(Sept 2017 ... I was uncomfortable not working with a contract and so secured a contract for the remaining work and at that time issued a prelim.( Jul 2017)....
Now 5 months later they are finally ready for me and I need to complete the contract ...mainly extra charges for repairs and to complete a some details I was unable to complete due to other trades not being complete.
So, I just wanted to check that the prelim. I filed in July 2017 is valid (doesnt make sense that it would not be)
Then when I finish the work in the next month or so that I have 90 days to file a lien...Is all that correct?
CaliforniaBeen 45 days since GC paid invoice, they say its in my contract stating pay when paid from owner. SO they wont pay till they get paid. Is this Legal in CA?
CaliforniaHi. My name and mauricio abrego.
I only have one question. When a subcontractor sign a contract with the prime contractor does the prime contractor has the 3 days right to cancel with a subcontractor? Or it is only between the prime and the buyer?
CaliforniaI refinished a hardwood floor job--hired by one woman, and her partner was out of town. She returned and did not like the job that I did. I offered to fix the job, and quickly realized how unreasonable she is, and am choosing to refund her money.
If she cashes the check, does that make the business dealings between us final.
CaliforniaA company enters into a contract with a contractor for construction projects outside California, in other states. The parties in the contract's choice of law clause provides that California law governs. For prompt payment, will California courts then apply California's prompt payment law or will California's prompt payment laws not apply because no construction was done in California, only in other states?
CaliforniaWe have contract with a customer that we installed a new HVAC system in his home and after installation (before we had completed job to 100%) he expressed his 3 day right to cancel after the 3 days. He has demanded for us to come and remove the equipment under the condition that he not be at the location. We had refused this as we will not go to his home with out him there. He is refusing to pay any amount on his contract. We are unsure of what our legal rights are and what our next step should be.
CaliforniaI have a client that has terminated me and is trying to get out of paying my final bill because she is trying to invalidate my contract. I used an AIA cost plus a fee with no guaranteed maximum price.
CaliforniaThe contractor I hired I fired in a day of starting work. He started demo without permits and the job was shut down and he did not cap the old water pipes outside and they flooded the first floor and went into the basement. I fired him when I found my house was flooded from his negligence. I paid him prior to him starting $7,000.00 which he cashed before he started. When I told him he was fired he told me I wasn't getting any of my money back and I would be owing him a lot more money. I asked for what and he said he didn't know yet but would send me a final bill. I have received his final bill and have called the people he claimed he paid and one of them told me she was his wife's friend and never received any money from him. He also made up other bills to try to get almost $6,000.00 more dollars from me for 4 hours of work. He has put a mechanics lien on my house for $5,958.42. I consider this fraud and extortion.
CaliforniaThank you for the previous response. I do not see where the attorney made any missteps so far as far as timelines and notifications and all of that. I was hoping you could tell me, just based upon the facts that I gave you, if the lien was invalid, and if so, how I can demand that it be removed. I sent a letter by express mail to the attorney saying that since both were unlicensed that her client had broken the law and also that a lien for more than five hundred dollars cannot be foreclosed upon. She responded that she will not remove the lien. It will be costly to hire a lawyer, I'm sure. I was hoping you can tell me if she is in the wrong. Can I complain to the California State Bar? Can her client open himself to liability, criminal or otherwise? Obviously, I'll never collect on a judgement from him. Should I take him to Small Claims court to get a judgement and get the lien removed? I am in a hurry, because I am trying to sell the home, so I don't want to wait this out. Another question I have for you sir, I do appreciate you help (!), is specifically about this. I read that in California an unlicensed person cannot foreclose on a claim of more than five hundred dollars. I am not sure if and that how that applies here. It seems to me that if that is true then these people are harassing me. This is causing great stress and frustration. Lastly, if I do have to hire a lawyer, would you suggest where I would find the right one? Thanks again.
California