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California Construction Contract Questions
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Construction Contract
California
My purchase agreement with my supplier is governed by CA law. Supplier shipped some of my purchases to Oregon, where my project is located. Now I need a partial lien waiver from Supplier as my bank requested. Which state lien waiver form should I use? Oregon or CA?
CaliforniaLocation: California / Sunnyvale Specifically
1. I am a subcontractor. I performed services and delivered materials.
2. I understand the following: The Claim of Lien must be filed at the earlier of:90 days after completion of the work of improvement; or,30 days after the owner records a Notice of Completion or Cessation.
3. Specific Question: If the 90 days passed after the work was completed AND then (after that 90 day period) the Notice of Completion was filed does that "restart" the clock to allow me to file a lien in the next 30 days after the Notice of Completion was filed? Or, if the 90 days passed after the work was completed am I not permitted to file that lien?
CaliforniaI work for an excavation company. We don't use Levelset at the company I currently work for. The company that I used to work for used Levelset, and it was very helpful. Recently, I took over the billing at the company I currently work for and noticed that there are more than a few jobs that have unpaid invoices dating as far back as 2016. Our contract is fairly basic regarding client invoicing and payment, basically we will submit invoices every (30) days, client shall pay invoices in full within (30) days, If client fails to pay we may give (10) notice to client to secure the default, if they fail to do so, we can stop work. I would like to attempt to collect on some of these old invoices. Do I have any recourse, if so, what steps would I have to take in order to do so? Thank you in advance.
CaliforniaI would like to know what can be done and what forms I will be needing to receive payment and my tools and vehicle back.
CaliforniaWe were hired to do 2 separate jobs from one client. I am a GC but was hired as a sub by a GC. completed the first job (still owes $3800 on that job) started second job, plans were wrong, his plumbing subs did their part wrong ( i had my men fix for free), did extra work, then we disagreed on something and he terminated the remaining work to be done on second contract. We agreed to the separation. He then requested most of the money we received from him for second job refunded. We sent a break down of costs including money owed from first completed job (we were generous as we just wanted to go on to our next project). the breakdown sent had us owing him $3500. He denied and said we owe much more now he got a lawyer and wants $38,000 immediately. What is our next step. We do not owe him $38,000 and dont want the CSLB involved.
CaliforniaWe just started a construction company focusing on building ADU and residential remodeling. We're interested in having a set of contracts that's enforceable but also flexible per job. Can you let me know how much we need to budget for contract setup as a small business?
CaliforniaCan the officer of a construction company enforce a mechanic's lien which was properly recorded in the county in which the property is situated if (1) the lien was recorded with the individual officer's name listed on the lien as the claimant, rather than the construction company itself which performed the work, and (2) the individual officer listed is NOT the RMO associated with the company's license, but they ARE listed as "personnel associated" with the company's license on CSLB's wesbite?
CaliforniaI recently started my own General B residential remodling contracting business based in Oakland, CA. I formerly ran a branch office doing the same thing for the past 7 years at my former company but have struck out on my own. My first paid work opportunity has just arisen: I have been offered to be assigned 2 contracts from the company I used to work with that can no longer execute the work. Because my new company is so new in its formation, the proposed business structure we've worked out is that my new company CZB would be subcontracted the work from my former company for a period of time (roughly 6 weeks) while my CSLB license completes its setup. Once I am fully licensed, then the contract would be assigned to me. I am seeking advice from an attorney to review the documents prepared by my former company, and also to create a relationship with an attorney who could help me with contractual matters in the future. This is time sensitive as I am seeking review tomorrow 10/27/22 and to execute contracts on 10/28/22.
CaliforniaWe did some work for a costumer, and she was upset because we did not send the cleaning company, she wanted but it was not in our contract or scope of work. We were just doing her a favor because she had an accident. After that she stopped answering our calls, text, messages and emails. she still owes a percentage of contract plus two supplementals
CaliforniaEntered into a Contract with a Client for an ADU (accessory Dwelling unit) in Southern California. Discounted original Contract/Bid from $182.5K to $160K. Started work (without the contracted First Meeting), And essentially completed the unit. The last payment of $2,000.00 is all that remains. Client has requested a TRUE and CORRECT copy of final billing showing all that is left undone and incomplete (under the contract). Am I able to file a Mechanics Lien NOW or a Notice to File...?
I have already filed a Notice of Intent to File Lien... and have received several letters asking for the TRUE and CORRECT copy of the final invoice and itemizing What is left Unfinished...
CaliforniaWe are a construction company and I need to add a cancellation clause to my construction contract.
CaliforniaI had French doors and side windows installed on my house. The doors are too short. I had multiple conversations of what was to be done and what was installed is not what we talked about. There are measurements in the contract. For example I had 80" doors. I was replacing those doors. The contractor pit 79.5 door height in the contract. The doors installed are 79.5" with the framing, not the size of the door so now the doors are 76" - they are too short. Anything I can do here. I did tell him when installing to stop these are too short and he pleaded with me to let him get them in and see if it works. I did and they don't. Any remedy here?
CaliforniaI am the POA to an LLC that owns the home where renovations took place. The GC did pull the license then abandoned the project. I had a project manager do the work with subs. GC never pulled off his license. The project is now complete. The GC filed a mechanics lien in the amount of $95,000. No contract was entered into for the home improvement renovation project. The GC did not expend any money as I paid for all the work and workers. Is the GC's mechanic's lien valid?
CaliforniaWe started this job on 9-14-2022. The job was for an HVAC replacement and was set to replace the condenser unit and the evaporator coil.
The day before I found out that the condenser unit that I listed in the contract was unavailable until the following week. So I found another similar unit. We arrived at 9am on the 14th and informed the customer about the equipment issue and gave him the option of having us install the equipment we had or we could come back when we had the unit listed in the contract. The customer verbally agreed to have us install the replacement unit.
Later in the day the customer started having issues with the way we were working. He was concerned that we had brought an evaporator coil that was slightly longer than the one that was originally installed in his house. He became so upset with this that he tried to cancel the job but I talked to him and assured him that fabrication for an HVAC replacement is normal on every job and that the unit would work just fine. He agreed and let us continue.
Towards the end of the day my employee on the job was trying to install a new disconnect box and was looking for the breaker so that it could be done safely. In the process of doing that he mistakenly removed one of those tamper locks on the electrical meter. The customer was very upset about this even though I assured him that I would pay for any fines from PG&E.
Towards the end of the day the customer became more and more troublesome. When one of the workers left the attic to help the other one outside the customer would go up into the attic and take pictures criticizing questioning our unfinished work. After the workers left the customer went back into the attic and sent me photos of the work claiming that the workmanship was bad.
The next day I went back to complete the job. My workers were unable to charge the AC system the day prior. At that point the customer would not let us back in the house. He was claiming that our work was bad and unsafe, that we had "unlicensed" workers on the job, and that we installed the incorrect equipment without his approval.
Since then I have given him 3 options.
1) We come back with the equipment that was in the contract. Then the system would be HERS rated and inspected.
2) We can finish the job with the existing equipment and a signed change order. Then the system would be HERS rated and inspected.
3) We can cancel the contract, return his money and take the equipment back with a signed document stating that he is satisfied and will take no further action.
He has refused all of the options and says that he wants his money, gets to keep the equipment and will not sign anything. The customer is under the assumption that since we installed the incorrect equipment, that entitles him to all his money back. I believe this to be incorrect and as such we have made several attempts to be in compliance with the signed contract.
Also, I found out when I pulled the permit that the man who signed the contract is not the property owner who is listed with the city. It's my understanding that this is illegal. Please advise.
CaliforniaThe owner terminated our contract orally, is he supposed to pay the remaining of the contract amount plus what is remaining from supplier?
California