Summer 2013 | Southern California Construction Law Offices of Abdulaziz, Grossbart & Rudman

News from Abdulaziz, Grossbart & Rudman

Abdulaziz, Grossbart & Rudman Newsletter

Summer 2013

Greetings,

We hope that you enjoy this edition of our Newsletter.

Remember, if there is anything that you would like to see in the future, please let us know.

Sincerely,

The Staff At

Abdulaziz, Grossbart & Rudman

LICENSURE, LICENSURE,
LICENSURE!

A proper license can be just as important to a contract as the proper location, location, location in the real estate market. We see the licensure issue come up time and time again.

Business and Professions Code section 7031(a) prevents anyone engaged in contracting to file a lawsuit in order to collect funds. Business and Professions Code section 7031(b) goes further to state that all compensation paid to the unlicensed contractor can be recovered by the person who paid.

The California statutes are set up so that unlicensed contractors are not entitled to any payment. The underground economy (comprised of unlicensed contractors that are often times unscrupulous as well) is a huge problem that the CSLB and other agencies are working hard to fight. The statutes are helpful if the unlicensed contractor ends up in the legal system with a dispute.

As great as Business and Professions Code section 7031 is for dealing with unlicensed contractors, how does this affect the honest contractor that lets their license lapse, or thought it was licensed properly? It affects all contractors the same. It is imperative that all contractors make sure that they are properly licensed at all times for each and every job.

NEED FORMS?

Our Mechanic's Lien, Stop Payment Notice, and Payment Bond primer, complete with twenty-five of the most common forms used by contractors and material suppliers to protect themselves, and to perfect their rights to record or file Mechanic's Liens, Stop Payment Notices, or make claims on Payment Bonds, is available through our office.

The workbook, "Collecting Your Money...," includes both printed forms, as well as a CD-Rom containing each of the forms in a "fill in the blank" format. You will need Adobe Acrobat Reader or another program capable of viewing a PDF in order to view and utilize the workbook and forms.

This workbook provides easy to use instructions and links for each form. These simple to use forms allow the user to complete the fields and then print them in your own office when ready to send, file, or record, as appropriate. We also offer free updates as the laws change if you register your workbook.

Protect yourself and your right to payment by the use of the appropriate forms.

INCLUDES:

Our Mechanic's Lien, Stop Payment Notice, and Payment Bond workbook, with links to each of the forms that are included in the package, for a "contractor-friendly" explanation of the form and its use;
A CD-Rom, containing an electronic version of the workbook and each of the forms;
Printed and electronic fill in the blank versions of:

Easy to understand flow charts;
California Preliminary Notice - Private Works;
California Preliminary Notice - Public Works;
Attachment to Preliminary Notice - Private Works (for subcontractor's laborers);
Mechanic's Lien;
Stop Payment Notice (private or public works);
Release of Mechanic's Lien;
Partial Release of Mechanic's Lien;
Release of Stop Payment Notice (private works);
Release of Stop Payment Notice (public works);
Partial Release of Stop Payment Notice (private works);
Partial Release of Stop Payment Notice (public works);
Notice to Bonding Company;
Miller Act Notice;
Unconditional Wavier and Release On Progress Payment;
Unconditional Waiver and Release On Final Payment;
Conditional Waiver and Release On Progress Payment;
Conditional Waiver and Release On Final Payment;
Notice of Completion;
Notice of Extension of Credit;
Notice of Cessation;
Notice of Non-Responsibility; and
Change Orders.

To order our Workbook for $149.00 (shipping included) fill out our registration form.

ANY TOWN, USA

Police in an American town announced the discovery of an arms cache of 200 semi-automatic rifles with 25,000 rounds of ammunition, 200 pounds of heroin, 5 million in forged US banknotes and 25 trafficked prostitutes. All of this in a house behind the Public Library.

Local residents were stunned! A community spokesperson said, "We are all shocked. We never knew that we had a library."

CSLB ZERO TOLERANCE POLICY IN EFFECT FOR NON-COMPLIANT ELECTRICIANS

The Contractors State License Board (CSLB) established a zero-tolerance enforcement policy in 2010 and now issues legal action against any C-10 Electrical contractor who willfully employs an uncertified electrician to perform work as an electrician.

CSLB is legally required to open an investigation and initiate disciplinary action against the contractor (which may include license suspension or revocation) within 60 days of receipt of a referral or complaint from the Department of Industrial Relations' Division of Apprenticeship Standards (DAS).

Labor Code section 108.2 stipulates that anyone who performs work as an electrician for C-10 Electrical contractors shall hold an electrical certification card issued by DAS; DAS is required by Labor Code section 108.2 to report violations to CSLB.

Electricians are defined as those who engage in the connection of electrical devices for C-10 contractors. It is the CSLB's position that electrical work must be performed by either a state-licensed or a certified electrician. An indentured apprentice or state-registered electrician trainee may also perform electrical work if supervised by a state-certified electrician. Trenching, concrete, framing, and other work that does not involve connecting electrical devices may be performed by noncertified workers.

Learn more about electrician certification by visiting the Electrician Certification Program website.

This was a CSLB Industry Bulletin released on June 11, 2013.

WORD USE

A husband read an article to his wife about how many words women use a day...

30,000 compared to a man's 15,000

The wife replied, "The reason ours is double is because we have to repeat everything to men!"

The husband then turned to his wife and said,

"What?"

FREE REGISTRATION!

By becoming a registered user of our website, you will have access to valuable information, now and in the future.

Currently, there are over 25 forms available as well as discounts on our Construction Law Book and our workbook. Check back often as future plans include more forms, seminar discounts and webinars.

To become a registered user visit our website.

HEAT ILLNESS PREVENTION

It's summer! Heat illness is a serious medical condition that results in the body's inability to handle the heat. This could be displayed by cramps, exhaustion, fainting, stroke, and severe dehydration.

Preventing heat illness is not only good for your employees but for your business as well. Cal/OSHA has a Heat Illness Prevention tool on their website with invaluable information. Make sure that you are complying with the laws as well as protecting your employees and business.

SEMINAR

Collecting Your Money Through Mechanic's Liens, Stop Payment Notices & Bonds

Presented by Kenneth S. Grossbart

Hosted by the Shasta Builders' Exchange

Wednesday, August 14, 2013

12:00 to 3:00 p.m.

At the Shasta Builders' Exchange Training Center

2958 Innsbruck Drive, Redding, CA 96003

Participate in this seminar to:

Learn how to protect your rights
Learn which forms to use
Learn about changes to the Preliminary Notice
Learn the laws that affect Mechanic's Liens and Stop Payment Notices
Learn what legislative changes there are because of SB 189 and other legislation
Learn what to do in order to make a Mechanic's Lien valid
Learn how to record and enforce a Mechanic's Lien
Learn the basic Stop Payment Notice requirements
Learn the basics on bond claims
Learn the common pitfalls to avoid
Learn how to collect your money!

For additional information, contact Cindy Weaselbear at the Shasta Builders' Exchange at 530-222-1917.

Abdulaziz, Grossbart & Rudman

provides this information as a service to its friends and clients. This Newsletter is of a general nature and is not intended to be a substitute for legal advice. This Newsletter does not establish an attorney-client relationship with the reader. Since laws are ever changing, please contact an attorney before using any of the information contained within this Newsletter.

Abdulaziz, Grossbart & Rudman

P.O. Box 15458, North Hollywood, California 91606

(818) 760-2000; (818) 760-3908 (fax)

info@agrlaw.comwww.agrlaw.com