PUBLICATIONS: A collection of brief legal primers and articles, some with sample forms, and other publications for our Construction, Real Estate and Business law clients.
Legal Article on Contractor's License Laws - Top Five List
Contractors in California are required to be licensed for the various construction work that they perform, through licenses issued by the California Contractor’s State License Board (“CSLB”). The CSLB regulates and enforces the Contractor’s State License Laws (“CSLL”), as codified in the Business & Professions Code (“BPC”) Section 7000, et seq.
The prime directive for contractors is to have and maintain your license at all times! In a nutshell, it is a misdemeanor, and thus illegal, for any person or entity to engage in the business or act in the capacity of a contractor, without a license. BPC § 7028. There are several exemptions to these license laws, but covering them is beyond the scope of this brief article. See, BPC § 7040, et seq. This prime directive may seem simple enough, but there are several important clarifications to keep in mind when discussing a contractor’s license and this article will attempt to highlight the author’s Top Five Issues...Click Link:
CONSTRUCTION LAW PRIMER - Mechanic's Liens
In California, the legislature has created a payment remedy for parties that contribute labor, material, equipment or other construction services to a private work of improvement or private construction project, called a Mechanic’s Lien. This is a brief introduction to the Mechanic’s Lien, which is just one of the potential safeguards to ensure prompt payment.
A Mechanic’s Lien is generally a claim against the owner’s title to real property, i.e. the land, which has benefited from construction work. The lien becomes a security interest for payment to a person or business who has directly contributed labor, material, equipment or services to the construction project on the real property. If that person or business has not been paid on time, then the recording of a valid Mechanic’s Lien may ultimately result in the property owner paying for the services rendered. Lien rights have stringent technical requirements including but not limited to a proper and timely 20-day Preliminary Notice, a proper and timely Mechanic’s Lien recording, and strict time-limits on the filing of a lawsuit for Foreclosure of the Mechanic’s Lien. A sample Mechanic’s Lien and sample Release of Mechanic’s Lien are attached. Numerous specific requirements can be found in Civil Code Section 3082, et seq., and consultation with an experienced Construction Lawyer is encouraged.
REAL ESTATE LAW PRIMER - Landlord / Tenant
As a property owner and landlord, the reason you rent out your apartment, condominium or even house is generally two-fold. First, you wish to have regular rental income to offset the costs of ownership and maintenance of your unit. Second, you wish to have long term appreciation of your unit. What happens if your tenant does not pay rent on time? What do you do if this happens frequently and with no legitimate explanation? Ultimately and depending on your individual circumstances, you may decide that you have to evict the defaulting tenant. The typical first step is the preparation and service of a Three-Day Notice to Pay Rent or Quit. Keep in mind that if rent in an particular month falls on a weekend or holiday, the law extends the time payment is due thru the next business day, and a tenant is not in default until the day after the rent is due. Once a Three-Day Notice to Pay Rent or Quit is properly prepared and served, a tenant then has three full days to make payment, and again if the third day falls on a weekend or holiday, the tenant has until the next business day to make payment.
The California Code of Civil Procedure outlines specific requirements on the content of such a notice, and stringent requirements on its service. It must be done properly as it may ultimately become part of the Court’s records in an Unlawful Detainer proceeding. A sample Three-Day Notice to Pay Rent or Quit is attached. Numerous specific requirements can be found in Code of Civil Procedure Section 1161, et seq., and consultation with an experienced Real Estate Lawyer is encouraged.
COLLECTION LAW PRIMER - Abstracts of Judgment
For a lump sum judgment in California, a Judgment Creditor can place a lien on real property by an Abstract of Judgment. A Judgment Creditor is the party who prevailed in a typical lawsuit involving money, who received a monetary award against the other party. The party who lost in such a case is often called a Judgment Debtor. Such cases can occur in almost every conceivable field of practice, including the practice areas of this law firm of Construction, Real Estate and Business Law.
The judgment lien on real property is created by recording a properly completed and notarized Abstract of Judgment within the county recorder’s office where the Judgment Debtor holds property. If this is in more than one county, then a different Abstract of Judgment should be recorded in each such county. Code of Civil Procedure Section 674 specifies the specific contents required in an Abstract of Judgment, and the Judicial Council has created a specific and mandatory form for this use. Once properly completed and recorded, the judgment becomes a lien on real property located in the county of recordation, regardless of whether the property is owned by the Judgment Debtor at the time of recording or even if it is acquired at a later date. Generally, the Abstract of Judgment must be completely and accurately filled out as omissions or errors can affect its enforceability, and consultation with an experienced Collection Lawyer is encouraged.
AACA NEWS
Michael L. Mau, Esq. is Of Counsel and on the Board of Directors for the Asian American Contractors Association ("AACA"). He is also the creator and Chief Editor of AACA News, their quarterly newsletter bulletin. Here are some recent publications:
AACA News Fall 2007.pdf
ARTICLES IN CONJUNCTION WITH NOLO PRESS AND NOLO.COM
The Mau Law Firm has published numerous articles, briefs, forms and newsletters as experienced San Francisco based Construction, Real Estate and Business Lawyers. The Mau Law Firm is also now Verified by Nolo, and as such we have published the above articles in conjunction with Nolo Press and Nolo.com. The above are just a few samples, provided for information and educational purposes only. Unauthorized use or reproduction is prohibited. Please check back frequently for new publications and new additions to our site, and feel free to contact us for more information.