Legal Question in Construction Law in California

Work done without a contract - how to attach to a bond

Our house and a few nearby houses have been lost in the year 2007 fire.

All houses have zero line side setback,

basically a wall of the next house is property line.

All houses are SFR with a status of condominiums.

A builder, who rebuilt our neighbor's house built a small one brick high retaining wall, which is on the property line, separating our properties without my permission and billed me for the half of his inflated cost of that shared wall. I refused. He failed a mechanic's lien on my property. Lien expired and now in the process of petitioning to the court to be removed.

Question - can I attach to his bond to recover attorney's costs if granted in petition?

Formally there was no contract. California license board has turned down my complain under the same reason - there was no contract.

What my options are?

Thanks.


Asked on 5/07/09, 5:28 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Work done without a contract - how to attach to a bond

If I remember correctly, you will automatically receive, or be eligible to receive, a fixed statutory attorney fee as part of your judgment, if you used an attorney. People who sue in pro. per. are seldom if ever eligible to collect attorney fees even if they are attorneys. Your attorney should record an abstract of judgment and then go after the builder and his bond. I can't predict the outcome.

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Answered on 5/07/09, 6:14 pm
Diane Goad Goad Law Group

Re: Work done without a contract - how to attach to a bond

Aside from petitioning the court, did you consider making a claim against the builder/contractor's bond? You might try making a claim against the bond for the costs of your petition, etc. if the petition is granted. You can access a contractor's bond information on the California state's website, cslb.ca.org.

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Answered on 5/13/09, 8:35 pm


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