Legal Question in Construction Law in California

preliminary 20-day notice

i was an owner/builder of a swimming pool. my wife and i had a concrete company do some work. the work was terrible and the company never finished the job. there was never any contract signed. today i received a bni form 105-c preliminary 20 day notice stateing that he wants to be paid in full. what can i do.


Asked on 12/04/06, 11:01 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: preliminary 20-day notice

I think you should obtain and read Business and Professions Code sections 7151 through about 7191, with special attention to section 7159, with regard to Home Improvement Contracts. Your contractor may not be able to enforce his lien.

The California Codes are avaiable on line, at county law libraries, or in the reference section of some general public libraries.

Then consult a lawyer with experience in this area in your local community once you have a general idea how the B&P Code protects you, if indeed it does as I suspect.

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Answered on 12/05/06, 11:10 am
Gary Redenbacher Redenbacher & Brown, LLP

Re: preliminary 20-day notice

The answer to your question can get quite involved. What are your damages? Was the preliminary notice served timely? Is the concrete contractor properly licensed? How was the work either below the standard of care or not to contract? The best that I can say is that if you believe that the work was below standard, make a complaint to the Contractors State License Board. If this doesn't resolve the problem, you will likely have to hire a lawyer if they record a mechanic's lien and then try to foreclose on that lien.

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Answered on 12/04/06, 11:48 pm


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