Guidelines for Residential Construction
Building or remodeling a home is a large financial and emotional undertaking
whether you are building your dream home or rebuilding your home after the devastating
San Diego fires. Everyone has heard horror stories of homeowners being taken
advantage of by unscrupulous or inexperienced contractors. The process is complicated
and even if you hire a reputable contractor there can be delays, cost overruns
and litigation. After years of representing homeowners, contractors and material
suppliers, McCullogh and Associates knows that it is better to prevent future
problems then to allow problems to develop resulting in costly litigation, a
delayed construction project and cost overruns. Problems can be avoided by thoroughly
investigating potential contractors, careful drafting and review of written contracts
and using sound oversight procedures during construction.
Rule Changes that May Affect You
Among other things, extends the sunset date of January 1,
2007 for architecture limited liability partnerships (LLP)
and foreign LLPs to January 1, 2012.
Everyone should have an estate plan to pass more on to
your beneficiaries and avoid the oftentimes unjust consequences
of the probate system. For example:
Presley left a $10.2 million estate. However, his probate court
$7.2 million leaving only 28% of his estate for his heirs.
Monroe, who left an estate over $1 million, which took
18 years to probate, leaving just $101,000 for her
heirs after lawyers and others took
- J. Paul Getty’s estate has
paid over $40 million in probate costs
to lawyers and others.
- Penny pincher John D. Rockefeller’s probate expenses
cost 64% of
his huge estate.
A Message to General Contractors
from the California Supreme Court
The rule in California is that a contractor
may not sue to collect compensation for
performance of “any act of contract” requiring a licensing without
alleging that he or she was duly licensed “at all times during the performance
of that act or contract.” Thus, if a general contractor is not licensed
at any point during its performance of the contracting work, the general contractor
is precluded from suing to collect for the services it provided.
Avoid Being Sued for Unfair Competiton
Under California's Business & Professions Code §17200
and What To Do If You Are
In the early twentieth century, it
was common practice for businesses
through false and
misleading advertising. Some consumers
identified the practice as “baiting and switching” as well as other names. In
1993, the California Legislature enacted California’s Competition Law to
protect consumer from businesses that churned profits through false and misleading
advertising. It allowed public prosecutors and private plaintiffs, acting for
themselves or on behalf of the general public, to file actions against businesses
to stop unfair competition or false advertising.
Reasonable Attorney Fee Awards
The “American Rule” with regard to attorney fee
awards requires litigants to pay their own attorney fees.
(See C.C.P. §1021.) However, if allowed by statute,
contract, or other agreement, the trial court
may award the prevailing party attorney fees. Other exceptions
also exist such as the private attorney general, substantial
benefit and common fund exceptions.