Construction Law

May 5, 2020

Court Closure Update

Due to the outbreak of the Coronavirus, the Chief Justice of the Supreme Court of California is issuing emergency orders upon request from each county’s presiding judge. These orders allow the courts to manage a reduction in judicial services. Each court is authorized to limit its operations as necessary to help curb the spread of the COVID-19 disease. We will be monitoring court rescheduling and closures on this page.

Here are the updates as of May 5, 2020:

The Orange County Superior Court announced that the court will be closed at all locations from March 23, 2020 through May 22, 2020. The effect will be that for most types of cases, the closure will be considered a court holiday for purposes of scheduling. For more information on how the closures will affect the calendar of various types of cases, you can read the court’s latest releases here.

April 26, 2019

What Must Be Included in a California Home Improvement Contract?

by Adina T. Stern, Esq.

It is surprising how many calls we get because home improvement contracts fail to meet even the bare requirements of California Law. Contractors working in residential improvements need to be extremely careful that they do not simply use their bid as the agreement. The contractor must provide the homeowner with a written Home Improvement Contract (HIC) that fully complies with California law. Otherwise, the Contractor may not only have a problem collecting payment from the homeowner, but may also face discipline from the Contractors State License Board.

What Must I Include in My Contract?

There are a number of codes and statutes that regulate the content of a construction agreement. California contractors must be aware of the laws that requires them to include certain language in their agreements to perform home improvements for customers.

December 12, 2012

How to Remove an Improper Mechanics’ Lien

by Adina T. Stern, Esq.

Unfortunately, more often than not property owners find themselves involved in a dispute with a contractor or subcontractor whom they have hired. The property owner withholds payment for work that is not performed properly or timely and the contractor retaliates by recording a Mechanic’s Lien against the owners’ property. If the Mechanic’s Lien was not filed correctly or has grown stale, the Mechanic’s Lien can be removed or “expunged” by a court fairly quickly. It is critical in these cases to seek the assistance of an attorney who is experienced with expunging Mechanics Liens.

The California Mechanic’s Lien Law was completely revised and restructured as of July 1, 2012. The change in law means that contractors and subcontractors needed to update their forms and use slightly different procedures to enforce a Mechanics’ Lien. (See Cal. Civ. Code sections 8000 – 9566.) This created a trap for unwary contractors who used the same form they used prior to July 1, 2012.
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