I’m just wondering if an attorney represents an association in civil court in regards to let’s say a “fence” issue…if the “association” that hired you was in fact not ever a legal or properly run operation or entity, could there be potential issues arise from such? Question for DEWEY DAY LAW!!!...Read More
We are filing a lien on a property and and the property consists of two separate buildings with two different addresses. The building we did NOT work on is the actual address attached at the auditor site and parcel information. The building we performed the work on is a totally different address. When filing our lien, do we use the address for the building we worked on, or the address of the other building that's connected to the legal description of the property? ...Read More
We are hired by a contractor to remove snow around Charter pedestals all around the Tahoe Basin. We are currently working in Northstar area and removing snow from approximately 100 locations. Next week, the snow removal for the pedestals could be located in Tahoma, and also have close to 100 different locations. How can I protect my payment?...Read More
Hello,
So we bought a single family home 2 years ago in the Bay Area. We got our new fence built on one side of the home (lets say left) and the back. On the right side our neighbors wanted to build an ADU in the back and before the ADU they had a Garage, which acted as a fence. To build the ADU, they removed the Garage and wanted to build the remaining fence, essentially on the property line. They had the property line survey done. So we agreed to share 50% of the cost and build it on the property line. Over time, we started seeing that they were then putting tree's and storage shed, etc close to the fence so a few weeks ago we asked if they would contribute to get the entire fence done. If they wouldn't contribute we were willing to pay entirely for the new fence to get it done on the property line all the way. Let's say the side fence is about 120 ft long. Out of that 34 feet was done so that they can build the ADU properly. Now out of the remaining fence, at about a 100 ft, they have a 10 foot wide steel door. If we use the property line assuming to start from the front marker and ending it right at the 34 ft line, this door is definitely on our property. We got the old fence removed and when we wanted to get the fence done on the property line they disagreed. I had communicated this prior as well that we want to get the fence done on the property line. The reason why they don't want to build it on the property line is that in the past, may be the previous home owner, built a roadway with pavers and concrete and that home owner also installed a 10 ft gate, which as per the property line they drew is encroaching our property. Some of the concrete on the borders is also in our property as per the line.
First question, can we have this fence built on the straight line using the survey that they did? Do we need to get our own survey done and after that can we build this fence on the property line? Note, they are now saying that even though the front marker is correct, the back marker is not and the 34 ft fence has an inch in their property. However, I don't think thats the case.
Second question, can we get this post holding the door handle be removed given its on our property? I just want to make sure they don't illegally possess our property. Note: I don't mind getting a survey done if they don't share their surveyor, but want to make sure I can remove this post given its encroaching our property and that they don't consume our property.
What should we do if they don't agree to get this fence built on the property line all the way? Is there any law or court that can help or protect us?
Note:
* They also don't want us to build a fence beyond the 100 ft , i.e. the last 20 feet to the main road because the previous homeowner built the pathway where if we build even a small fence there they would not be able to open their car doors to get in or out. They already have a small fence on the other side of the line.
* I just feel that they aren't being ethical or principled but I could really use some legal help to fight this.
Any guidance would be really appreciated.
Thank you!...Read More
Utilizing smart gadgets enables speedy work interchange and problem solving.To learn how to take screenshots on Windows, Mac, or an iPad, please see the page below....Read More
We filed a lien against a property owner for unpaid bills. Their lawyer is telling us that we can not file against the landlord because they do not have a contract with us, and that we can only file against the tenant. Is this correct?...Read More
I was selling my home to a company for 16,000 and when it was time for closing the price changed due to tickets on the property that I informed them of before the deal was made and I’m no longer willing to accept the new price ...Read More
I am a subcontractor in the state of Texas, hired by a general contractor, to complete a flooring installation for a commercial business funded by the state.
For the sake of the following argument, please take my words at face value.
The situation: the owners/GC are exceptionally difficult to please, beyond reason, and created weeks (months even) of delays due to their indecision and lack of communication. We had (FINALLY) reached an approximately 90-95% completion mark, and we were at the "fixing defects and completing punch list items" stage when everything all went to hell.
We offered a few different solutions to the alleged defects and vague punch list requirements ("I don't like it over here, I don't like that section over there, this piece of flooring has too much variation, that piece doesn't have enough variation, etc.). The GC said, in an email, "to standby for a decision." We received no opportunity or clearance to proceed with the job, only several emails putting us on standby and/or delaying any sort of completion, followed by over a month of silence and crickets.
During this timeframe, the GC hired another subcontractor to "fix" our work. (We know this because other friendly subcontractors, also working in the building, told us as much off the record and sent pictures of the altered floor.) In short, the other subcontractor messed it up really, really bad and to the point the floor looks absolutely nothing like we left it. In fact, the majority of our installed flooring was removed or damaged. Honestly, even if we were to fix it, it would basically have to start from scratch, materials and everything, but I digress.
SIX WEEKS WITH NO RESPONSE LATER - The GC sends us a 48-hour Cure Notice, basically stating that we are in default for not completing the work, not holding up our end of the contract, we might be responsible for costs and other subcontractor fees and legal fees and all that jazz. We responded to the Cure Notice the same business day we received it, addressed the claims therein, and again offered a variety of solutions/actions. Crickets again, no communication whatsoever.
Now, over a week after THAT email and our response, the GC leaves a voicemail about trying to reach an amicable solution and how he hopes we'll be honorable people considering how we've held up his project so long. Mind you, this is the first time anyone on that side of the project has responded cooperatively to our attempts at communication.
The GC/Owners have caused inexcusable delays, even perhaps deliberate lack of communication, with a side of shadiness by hiring another company to redo the floor while we still have an active contract. (For the record, we've been paid just about everything except retainage, and our proposed solutions and implied completion would have taken, at most, two more business days once approved.)
What actions are open to us? What state law allows us, in the absence of any other definitions or agreements, to quit and close the contract if something doesn't give?
Secondly, the contract states that the subcontractor (me/my company) is not obligated to warranty the manufacturing of another entity, but it doesn't discuss what or when our "product" is no longer "ours." As I mentioned, the floor has been altered/destroyed beyond our recognition and, officially, without our knowledge or consent if that matters. What law designates when a product stops becoming OUR product and is no longer our legal or financial responsibility? How does a subcontractor fight back in these instances when they're being unreasonably pushed and pulled around and threatened? What law or statute or anything can I reference, beyond my own documentation supporting my claims, when our latest attempt at communication/completion goes sour again, as I'm sure they will?...Read More
Hi I'm a self employed handyman/carpenter who lives in PA and did said work in MD. I built a large horse farm fence for an older lady whos a racehorse breeder. She signed the contract for the work which stated the est project completion time would be 3-4weeks. During this project she asked me to stop fence work and build a shed, which I did. She asked me to stop and rehab a barn which I did. She then says initial fence job is taking too long and asked if someone else can finish the rest, to which I agreed. 4 Days later she text me back and asked if I could come finish fence because the other "contractor" only knew how to do a small part and wasn't experienced enough. I came back to finish fence and completed it.. Fence looks great and she is happy with the fence, shed etc... On my last work day there she says to me that the fence took long causing her to board horses longer than expected and she says she will only give me 8k instead of 13k because of this. She never had a deadline on our contract. It only said estimated time 3-4 weeks for fence job. If I subtract the time that she took me away to do other projects etc.. then the fence took 5 weeks. She agreed to barn contract through text msg but we only have a verbal agreement for shed, but I have witnesses and pictures of me and crew building it etc.. We talked a few days after fence was done and she doesn't want to budge and she says I guess you'll have to take me to court, but its expensive. How should I go about getting her to pay what she owes for the1700ft long fence etc etc I built her? Thanks in advance for any advice, Steve...Read More
Recently went into contract. Both parties signed. Seller wants out. Received higher offer and agreed to buy out of the contract. Would like to place a lien on the property . Need more legal guidance....Read More
so we (our company/not people) are buying out a company and we are creating another company but the same people who are selling us the company are 50% owners in the new company. They are under the impression that we (my brother and I) owe them 5 million and not the company. While we see that as an investment that should be paid through out the success of the new company and written into the operating agreement. Can you please help me find an alternative to this last snag in the deal....Read More
We are working on a current project, final demand letters were sent as we're having payment issues. The Owner rejected our final demand letter via USPS. Come to find out that our preliminary notice was also rejected. What are the laws here and how can we securely know that we're meeting requirements to get paid should we need to enforce a lien?...Read More
I created a public Park and gave it to a non-profit for management. The zoning is residential. The park does not fit residential, commercial, industrial or public works in their strict sense. What am I and how can I prove it?...Read More