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Articles Posted in Construction Issues

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Lead Paint On Your Common Area Walls?

Blog posting by David Swedelson, Partner SwedelsonGottlieb; Condo Lawyer and HOA Attorney As of April 22, 2010, the new Environmental Protection Agency lead paint requirements for most dwelling units and common areas within homeowners associations which were built before 1978 became effective and may impact many California Community Associations. Under…

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Judge Rules That Transfer Fees to Original Developer Not Enforceable pursuant to California Civil Code Sections 1098 and 1098.5

Blog post/article by David Swedelson, Senior Partner SwedelsonGottlieb, Condo Lawyer and HOA Attorney The Daily Journal reports that Los Angeles County Superior Court Judge Madden recently ruled on the monthly fee that owners at Marina Pacifica Homeowners Association (located in Long Beach, California) paid to a developer. The Judge found…

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Building Inspector Jailed for Taking Bribes

Blog post from David C. Swedelson, Condo Lawyer, HOA Attorney and Senior partner SwedelsonGottlieb We are often asked how a building contractor’s poor workmanship was approved by the City’s inspector from the Department of Building and Safety. Now we know one reason; some inspectors are taking bribes to look the…

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Unlicensed Contractors Caught In Sting Operation

The California Contractors State License Board (CSLB) recently issued a news release regarding their recent sting operation, which caught several unlicensed contractors attempting to perform work for more than $500. Unlicensed contractors tend to prey on senior communities such as the Sun City retirement community, which assisted with the sting…

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New Mechanic’s Lien Procedures in California Effective January 1, 2011

By David C. Swedelson, SwedelsonGottlieb Effective January 1, 2011, California law imposes new requirements and notice procedures for contractors who are serving and recording mechanic’s liens. California Civil Code § 3084(a)(6)-(7) now mandates that a valid mechanic’s lien must contain the following information in addition to what the law currently…

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Community Associations May Be Able To Recover Payments From Unlicensed Contractor Even If Contractor Was Licensed For Part of the Job

Where a homeowner paid an unlicensed contractor for landscaping work at his home, his knowledge that the contractor was not licensed when work commenced did not bar an action for full reimbursement under Business and Professions Code Sec. 7031(b), and the homeowner was entitled to recover the total amount paid…

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