A Home Improvement Contractor’s Peril

We were recently retained by a homeowner who had obtained an estimate for paving work on her driveway. In the weeks following the estimate, there were further discussions between the paver and the homeowner in which the paver sought to persuade the homeowner to allow him to perform the work since he had some open dates in his schedule. Although the homeowner had never expressly commissioned the paver to perform the work, the discussions were of a nature that the paver concluded that the homeowner had agreed to have him perform the work. The paver never created a written contract, however, containing the terms of any such agreement. While the homeowner was away from her home for an extended time, the paver performed the paving work on the driveway and invoiced the homeowner. Upon receiving the paver’s invoice, the homeowner contacted the paver and complained that she had never agreed


The Design Professional’s Most Powerful Weapon In Getting Paid

During a development project, one or more design professionals will be typically engaged by the developer early in the process. Those design professionals may assist in creating a topographical map, an exterior architectural design for the project, developing a drainage plan or a plan for the contouring of the land suitable for the project through a series of cuts and fills, or a landscaping plan. In an era when development costs have skyrocketed, while development money is scarce and investors leery, the financial risks of the development process make it imperative that the design professional be cautious about allowing the development client to incur too large of an account receivable. And it behooves the design professional to become familiar with the design professional lien. Which Design Professionals Have Lien Rights? For over twenty years, California law has defined a “design professional” as an architect, an engineer, or a land surveyor.



This blog contains legal information of a general nature which is intended for educational, research, and entertainment purposes only. It is not intended to be, nor should it be, used as a substitute for professional legal advice. Each legal case is unique and a lawyer should be consulted for advice specific to your particular case.