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Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2985904
07/23/19 12:55 AM
07/23/19 12:55 AM
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Damn! They charge $95 an hour for a drywall taper, plus 20%!!! That's about double Santa Barbara prices


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Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2985973
07/23/19 05:11 AM
07/23/19 05:11 AM
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Those rates compare to an FCS or Futures fin repair these days!
If you need a good painter I would probably charge a little bit less than that, lol!

All kidding aside though, I wish I knew a good construction law lawyer to refer, hope it works out and you can go on with your lives.

Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2986219
07/23/19 05:42 PM
07/23/19 05:42 PM
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Filing for a surety bond today....takes lien off the house and places it on the bond.

Only way for them to get the $ is for them to remove the lien.

This gives both parties legal verifiable closure on the lien.

Gives us some breathing room prior to any legal recourse we may take.

Also, as I understand it, the sub-contractor has to give warning before filing the lien, not the general (primary) contractor.

Boy, being part of the landed gentry can be no fun at all.

Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2986340
07/23/19 09:48 PM
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I stand corrected. They only need to give notice to the lender now.

However they still need to perfect the lien.

Quote
Lawsuit Deadline
To enforce the lien, the contractor must file a lawsuit within 90 days from the date of recording the lien. If this deadline is passed, the contractor may not be able to enforce the lien and may be required to remove the lien. If the contractor fails to remove the lien, he or she may be required to pay for attorney fees for the property owner. However, there are some situations in which the deadline may be extended. For example, the contractor and the owner may agree to extend time. The deadline is then 90 days after the expiration of the extended time but no more than one year after the work was completed.

Last edited by everysurfr; 07/23/19 10:01 PM.

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Re: Anyone ever report a contractor to CSLB [Re: everysurfr] #2986365
07/23/19 11:06 PM
07/23/19 11:06 PM
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I'm pretty sure subs have to file a preliminary lien notice with the owner to have lien rights. It has to be filed within 15 days of the start of work or the sub doesn't have lien rights. If there is a lender they don't?? As to the GC and his lien rights, he does have to file suit in superior court to enforce the lien, which means attorney fees.....easy to put as lien, not so easy to enforce it.

Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2986491
07/24/19 05:41 AM
07/24/19 05:41 AM
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A sub has 20 days to file a Prelim notice. In your case Doof it only matters if you got one from any/all subs that worked for your GC on your house. If not then they have no recourse for anything they may be owed.

The GC has a lien built into his contract with you, so when your project was completed, he was then able to file the lien and sounds like you have a handle on things now.

Not to discount your experience Doof, but Contractors in general, especially GC's, have so much paperwork to deal with it's crazy!! Especially in CA.

To truly be legit contractor, be successful and prosperous, there's a lot to deal with. Gen liability insurance, workmans comp insurance if you have employees, payroll taxes if so, which are a nightmare if you aren't careful, timecards, estimating, invoicing, progress invoicing on larger jobs, labor rates including %'s to CYA with employee expenses, materials purchasing and finding the best pricing, if your lucky a profit on top of that, on and on and on, but thats all aside from just going to work and actually doing the work. The larger company a GC has, the more subs, which is another bunch of paperwork, and employees that include more of the above. If a GC isn't careful he can lose his ass big time! in many ways, as probably what was happening on your project Doof. And aside from this tool of a GC ripping you off with shortcuts and overcharges, he's definitely losing way more than what the lien is going to help him get. He's pretty much a dumbass and good for you for staying on top of it!!

And even though I think $95/hr for a taper is crazy expensive, crazy2when I put into perspective all of the things I noted above that a GC has to deal with, and SF itself is beyond expensive, I kinda get the rates. Hopefully all of the work you've done to your home will at least give it some more value!

Re: Anyone ever report a contractor to CSLB [Re: waxhead] #2986692
07/24/19 05:36 PM
07/24/19 05:36 PM
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Originally Posted by waxhead
As to the GC and his lien rights, he does have to file suit in superior court to enforce the lien, which means attorney fees.....easy to put as lien, not so easy to enforce it.


First, there is no lender to file a notice to.

Second, sending in a cashier's check to the surety bond company today..ties up $6200 for a while, but we can deal with that easy enough. This takes the lien off the house. If the GC want to perfect the lien, they will have to spend to get it. (Interestingly enough, the entity the GC used to file the lien in based in Louisiana. It is all this entity does...handling these matters for claimants, so i am sure it isn't too expensive for them.)

Third, also today, sending in Notice of Completion to the Building and Planning Dept of SF and CCing the GC with copies of same to reduce exposure to other possible risks.

Fourth, still need invoice to pay for final stair contract payment....provided "final" payment on painting contract last week. They have said they will provide us with this invoice this week.

Last, I do admit that when we reported them to CSLB that we understood there was a great possibility of blow-back, but frankly, I would have thought they would have given us a 'last chance to pay up or we will put a lien on you' for the contested $5028.






Re: Anyone ever report a contractor to CSLB [Re: JBerry] #2986709
07/24/19 06:05 PM
07/24/19 06:05 PM
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Originally Posted by JBerry


Not to discount your experience Doof, but Contractors in general, especially GC's, have so much paperwork to deal with it's crazy!! Especially in CA.


No doubt there.

Part of the way we tried to deal with the complexity of the law/codes is that we sought written change orders for all work not covered by the two contracts (one for rebuilding the stairs, the other for painting the house, repairing the front room and front window). The work for $5028 was not pre-approved by us or covered by a new change order and parts of it seem to be part of the original contract.

Originally Posted by JBerry

To truly be legit contractor, be successful and prosperous, there's a lot to deal with. Gen liability insurance, workmans comp insurance if you have employees, payroll taxes if so, which are a nightmare if you aren't careful, timecards, estimating, invoicing, progress invoicing on larger jobs, labor rates including %'s to CYA with employee expenses, materials purchasing and finding the best pricing, if your lucky a profit on top of that, on and on and on, but thats all aside from just going to work and actually doing the work. The larger company a GC has, the more subs, which is another bunch of paperwork, and employees that include more of the above. If a GC isn't careful he can lose his ass big time! in many ways, as probably what was happening on your project Doof. And aside from this tool of a GC ripping you off with shortcuts and overcharges, he's definitely losing way more than what the lien is going to help him get. He's pretty much a dumbass and good for you for staying on top of it!!


I like to think I want to pay a living wage to people who do good work, so while I may whine about the cost, I pay what I contractually agreed to. Heck, I think I have a perverse sense of pride of paying bills ASAP, we even took payment to the physical office of the firm.

After observing the manner in which the site foreman did the work, we got the feeling he was overbilling his hours to the GC. Also, I suppose when Sweetie-pie caught some of the worked sleeping on the job we should have raised hell instead of using the approach of making noise so they would wake up and get back to work before she "suddenly walked into the garage". And there was definitely poor oversight of the plasterer, which is a large part of this.

Originally Posted by JBerry

And even though I think $95/hr for a taper is crazy expensive, crazy2when I put into perspective all of the things I noted above that a GC has to deal with, and SF itself is beyond expensive, I kinda get the rates. Hopefully all of the work you've done to your home will at least give it some more value!


We joke now that if there is a massive earthquake and we are in the basement, head to the space under the stairs! The work there is done well, no doubt about it. Hopefully we get 20 yrs out of the Benjamin Moore paint ('brown horse' is the color). The front room looks better with the redone ceiling and blue paint (can't remember that paint color name), and with the new casement window header, kings, and sill, the 10 yr old double pane window we put in shouldn't fall out any time soon.

Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2986966
07/24/19 11:57 PM
07/24/19 11:57 PM
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Just got off the phone with the first law firm I contacted.

They heard the details and they gave me a $5000 quote to get started with no (of course) guarantee of getting it back.

Brought up taking it to court, and they said it would cost more, and (of course) mentioned that winning is not the same as collecting, and there is always the chance of losing.

So for a $5028 lien bill, not really worth it.

Oh well, back to the DIY stuff we have already started.


Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2987086
07/25/19 05:58 AM
07/25/19 05:58 AM
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Dig your heels in. Guaranteed this GC will fold and negotiate payment to drop the lien.
I don't know how as a contractor you could be acting like this. Reputation is such a huge part of future business it would seem he's shooting himself in the foot. And how can you bill over 5k for unapproved work? I know it adds up fast at SF rates, but that's just absurd! I'd never be able to bill anything extra unless agreed upon prior to.
It's obvious he's lost his tail somewhat on your project and he probably still has subs to pay, he must be so pissed, but he's going to be way worse off for not accepting. Can't wait to hear who it is, not that it matters, but curious. Maybe we can get a shot of him on kook of the day, ha!

Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2987227
07/25/19 04:03 PM
07/25/19 04:03 PM
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When this is over, and the issues settled, I will name names.

Oh, the lawyer I spoke with asked for copies of the CSLB sanctions. I replied that the CSLB has not yet provided them to us despite our calling and asking. The lawyer was somewhat surprised.

"You'd think a consumer protection entity would want to avoid a supoena, because that is what I would have to do prior to filing.

Yeah, you'd think.

Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2987608
07/26/19 02:07 AM
07/26/19 02:07 AM
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Your good with lists, what went wrong?

Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2987730
07/26/19 01:29 PM
07/26/19 01:29 PM
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I'm a contractor - Heating and AC Controls - commercial work only. When someone owes us money and is not paying we do everything we can to collect it on our own of course, but when that doesn't work we have to make the decision is the amount owed to us worth getting a lawyer involved. Years ago I realized that when you need to involve a lawyer you've already lost, it's just a question of how much. I think that realizing that you have already lost makes it easier to just take the loss.

But sometimes you forget - recently I was telling my son a story about something I was trying to collect and he said, But dad, "For $20 you could have him out of your life - like in A Bronx Tale"
https://youtu.be/78-4RobJQ0Y

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Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2987777
07/26/19 02:37 PM
07/26/19 02:37 PM
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Originally Posted by Mr Doof
Yeah, you'd think.


There you go again!


"Do da chair know we goin' look like some punkass bitches?" - Poot Carr
Re: Anyone ever report a contractor to CSLB [Re: Mr Doof] #2987960
07/26/19 07:38 PM
07/26/19 07:38 PM
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Had an agreement with them yesterday to pay full amount due with (agreed to minor deductions) with cashier's check at their place of business at 9 AM today.

I show up and ring the door bell, knock.....no one is there.

Make note of security camera. Smile into it and point to wrist.

Wait for 1/2 hour.

Ring bell a few times and knock on door, you know, just to make sure.

No one arrives.

Get to work and see an email sent at 9:05 AM saying they won't be there because of "technical difficulties".

Boy....you try to hand over a cashier's check and get a mechanic's lien release signature and the other party doesn't show?

Sigh.

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