An experienced contractor dispute attorney knows that given the complex nature of construction projects, when a dispute arises between a property owner and a contractor, these disputes often result in litigation. In other words, contractual issues involving contractors often end up in court. We’ve outlined

Our firm often receives questions related to eviction actions, also known as unlawful detainers. Here are some of the most common:  1) My tenant is not paying, can I toss their stuff on the curb and change the locks?  Landlords are not allowed to engage

When a wrongdoing has been committed at your expense, the value of the loss/harm to you is known as damages. Sometimes, that figure is fairly easy to ascertain (for example, if you loan someone $5 and they fail to pay it back – you are

The term “statute of limitations” is common in the legal world. You may have heard that term in relation to criminal law (there is no statute of limitations for murder, for example, in most states), but statutes of limitation also apply in civil law.  A

When you have been wronged by another person, you may want to file a lawsuit against them. It is typically more efficient to try to work things out with them pre-litigation (in other words, before you reach the point of filing a lawsuit). But if

Once an attorney has undertaken representation of you in a legal matter, certain ethical obligations attach. Where an attorney is registered as counsel of record in an ongoing court case, for example, an attorney cannot simply stop working. They must have a Substitution of Attorney

Question: I received a mechanic’s lien that a sub-contractor filed against my property. But I don’t have any contract with the subcontractor. I contracted with a general contractor, and I have already paid them the amount due under the contract. Can I ignore this mechanic’s

Question: The fence between me and my neighbor is in need of repair. Who is responsible to pay for the fence? Also, my neighbor’s trees are causing the fence to buckle because the tree limbs and roots are pushing on the fence. I think my

Question: I bought a truck that turned out to be stolen. Do I have to return it? Answer:  Typically, conversion is a strict liability tort. Meaning if you possess stolen goods, then you are just as liable in civil court for conversion as though you

Question: I’ve been working for months to make a deal with a contractor. I think we have agreed to terms. He said he would send over an agreement to sign, but he has not done so yet. I want to get started on the project.

Question: If I file a lawsuit and I win the other side will pay my attorneys’ fees, right? How do I get my fees back? Answer: In the US, we follow what is known as the “American Rule.” Almost across the board, the presumption is

Question: After a big storm, my neighbor’s tree fell on my house. Who has to pay for it? Can I sue them in small claims court? Answer: Typically, a homeowner is responsible to file a claim with their own homeowner’s insurance policy when their property

Question: I forgot to pay my storage unit fee last month. Can the storage unit sell my stuff? Can they keep all of it (worth thousands) even though I only owe $32 at this point? Answer: Business and Professions Code Section 21700 et seq. sets forth

Question: Weather destroyed the house I am renting, and it is not livable. Does my landlord need to fix the house? Do they have to pay my hotel bills while the repair is happening? Answer: The answer to this question will be governed by state

Question: My contract says that I will be charged $15 per day for each day my payment is late. Is that allowed? Can I refuse to pay that late fee? Answer: The law permits a contracting party to assess liquidated damages in the event actual

Question: We had a contractor who was supposed to start a project in late 2019. The project is still not finished and well past deadline. The contractors is claiming they need extra time and to increase the contract price because of Covid delays. Can they

Question: We are a contractor who is owed money. We placed a mechanic’s lien on the property but did not enforce it in time. Is it legal to cancel the lien? Can we pursue the debt in small claims court? Answer: Not only is it

Question: I am a sub contractor I did a job for a homeowner he paid the full amount after I sent a notice. He is now asking me to come back and do additional work at my expense. And threating to leave a bad review

Question: The contractor had a project for construction at a public high school. They have not been paid and want to know what remedies are available. Answer:  Because of the principle of sovereign immunity, a mechanic’s lien may not be recorded against a public/government project.