Amendments effective January 1, 2012, to Civil Code §3084 now require, in addition to the “Notice of Mechanics’ Lien Attention!” which remains in effect, that the proof of service affidavit “shall show the name and address of the owner or reputed owner upon whom a copy of the mechanics lien and the Notice of Mechanics […]
Read more »In P&D Consultants, Inc. v. City of Carlsbad, a December, 2010, an unpublished (can’t be cited as authority) Court of Appeal decision involving a breach of contract action pertaining to a redesign of defendant-city’s municipal golf course, The Court of Appeal reversed a trial court’s decision awarding $109,093.81 to P&D for extra work because there […]
Read more »Business & Professions Code §7031 is widely recognized by Construction Attorneys and litigants as a shield to prevent compensation of an unlicensed or improperly licensed contractor. It’s sharper edge is increasingly being used as a sword to require the disgorgement of all compensation paid to a contractor who was not properly licensed at all times […]
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2010 may have marked a year with historic lows in construction but it was quite the opposite in our busy appellate Courts. As has been the case in recent years, cases dealing with the interpretation of the Contractors License Law provisions were dominant, putting new spins of prompt payment penalties and Business and Professions Code […]
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THERE ARE MANY FINE LEGAL TREATISES which provide resource material for attorneys including case citations and detailed explanations. What this article intends to do is demystify the basic mechanics’ lien law and provide the non-specialist practitioner with a basic foundation of how the mechanics’ lien law works. The mechanics’ lien law is an umbrella term […]
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One need go no further than the current issue of Apartment Management Magazine to notice the number of construction industry trades people, from general contractors to specialty contractors in almost every area to unlicensed persons, as well as suppliers, who provide labor, materials, equipment and services to apartment properties. Unfortunately, whether the owner utilizes the […]
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