As a founding partner of Krogh & Decker, LLP, I work with small and mid-sized businesses in both a transaction and litigation capacity. Many of my clients are contractors, engineers and skilled professionals. Some of my best work happens to be the innocuous piece of advice that saves thousands of dollars for a client. Most clients come to see me for strategic business planning, corporate counsel, business succession planning, as well as general contract review and pMore...More...
This is a good question. You can file a lien on the property that was improved. Oftentimes, common roads such as the one that you described are located on each of the parcels that it benefits. Obviously, I cannot ascertain which property it is located on without further investigation into the county records. Nevertheless, if you choose to file a lien, you will still need to file suit in the Superior Court within 90 days. You will not have the option of going to See More...See More...
IF your contract does not allow for the holding of retention, then most likely a 10% retention cannot be withheld, as it was not previously agreed. However, I have a qualification to my answer. If you are a subcontractor to a general contractor, your subcontract agreement could incorporate the prime contract between the owner and general. If that prime contract contains a retention provision and that contract is incorporated in your subcontract, the gSee More...See More...
Your rights will likely depend on the terms of your contract. Your rights could include: 1. Terminating your agreement for lack of payment and filing a mechanics' lien immediately. 2. Using the materials on another project, assuming the materials are fungible and not special order. If the project restarts, order new materials for the project. If there is an increase in prince, you may require a change order. 3. Your contract may also preclude you froSee More...See More...
Your remedies will largely depend on what is written in your contract. Many subcontract agreements require the subcontractor to comply with all employment laws and regulations. If your contract contains such a provision, you could send a 48-hour notice telling the subcontractor to pay his employees or be removed from the job. It is crucial for you to review your contract in this situation. In California, the general contractor and the owner of thSee More...See More...
If the contractor does not sue to foreclose on the lien, you may need to file suit to have the lien removed. Courts throughout California are largely closed. However, they are still taking filings. Most hearings are pushed back to June 2020. So, I suspect it will take some time to remove the lien.See More...
Details
Location
Sacramento, CA
Years of Experience
22
Expertise Area
Construction Law
Construction Licensing
Corporations
Partnerships