About Michael Mengarelli
Michael Mengarelli has been with Kelly Litigation Group since 2011. Prior to that, Mr. Mengarelli practiced criminal law, first as a staff counsel for the
California Supreme Court, then as an associate in a criminal trial practice. He also has experience in large cases involving environmental law issues. Mr.
Mengarelli was the owner and President of Russell Hinton Co., a union painting and drywall company in San Francisco – a family owned business for three
generations.
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California Supreme Court, then as an associate in a criminal trial practice. He also has experience in large cases involving environmental law issues. Mr.
Mengarelli was the owner and President of Russell Hinton Co., a union painting and drywall company in San Francisco – a family owned business for three
generations.
More...
Michael Mengarelli's Recent Answers
May 19, 2021
May 19, 2021
From an Anonymous Contractor
CaliforniaPartner at Kelly Litigation Group
In one sense, you don't really have a contract because the mistake you made means there was no mutual consent. If there is no contract, you are not bound
to perform. That said, it is probably in your best interest to try to negotiate before you start the project to avoid litigation later.
to perform. That said, it is probably in your best interest to try to negotiate before you start the project to avoid litigation later.
Apr 17, 2023
Apr 17, 2023
From Juan Lopez
CaliforniaPartner at Kelly Litigation Group
You do not have to have a contract to file a mechanic's lien. However, you do need to be a licensed contractor. If you are licensed, then you can record the
lien within 90 days of finishing the project, regardless of whether you had a written contract.
lien within 90 days of finishing the project, regardless of whether you had a written contract.
Nov 13, 2020
From an Anonymous Contractor
CaliforniaPartner at Kelly Litigation Group
A contractor in California is required to provide a homeowner a contract for work exceeding $500, so failure to do so is a violation of the Contractors State
License Law. That said, the contractor is still entitled to be paid for his or her work if performed pursuant to an oral agreement. In your case, evidence of
previous payments supports the existence of an oral agreement. Even without a written contrat, the contractor can record a mechanics' lien for tSee More...
License Law. That said, the contractor is still entitled to be paid for his or her work if performed pursuant to an oral agreement. In your case, evidence of
previous payments supports the existence of an oral agreement. Even without a written contrat, the contractor can record a mechanics' lien for tSee More...
Dec 5, 2020
From an Anonymous Contractor
CaliforniaPartner at Kelly Litigation Group
If this is a commercial project, there is no rule on the amount of a deposit; the 10% or $1,000 maximum is for home improvement contracts only. But, a
contractor on a home improvement project can ask for a deposit on material upfront. In any event, you will want to have the contractor execute lien releases
with each payment. For the interim payments, you will want the contractor to sign an "unconditional waiver and release upon progress payment" See More...
contractor on a home improvement project can ask for a deposit on material upfront. In any event, you will want to have the contractor execute lien releases
with each payment. For the interim payments, you will want the contractor to sign an "unconditional waiver and release upon progress payment" See More...
Jan 13, 2022
Jan 13, 2022
From an Anonymous Contractor
CaliforniaPartner at Kelly Litigation Group
It depends on what is in your contract. If your contract has a clause awarding attorney's fees to the prevailing party, then you can recover them; if it does
not, then you're on the hook for the cost of the litigation. You should keep in mind that if you don't file suit within 90 days, the lien will expire and you will
have no real leverage to recover what you are owed. I would recommend at least consulting with an attorney to discuss your options and the costSee More...
not, then you're on the hook for the cost of the litigation. You should keep in mind that if you don't file suit within 90 days, the lien will expire and you will
have no real leverage to recover what you are owed. I would recommend at least consulting with an attorney to discuss your options and the costSee More...
Details
Location
San Francisco Bay Area
Expertise Area
Construction Law
Licenses
California Bar