Good morning, Maurice. They ask the statement: “Of course, the contractor is breaking the law.” I`m not sure on the basis of which you think the contractor clearly breaks the law, but if you think you`re breaking the law with respect to not using a legal home improvement contract, and I know from your statement that the contractor requires a down payment of 1,000 USD and the second payment at the beginning of $52,560, it depends on what work is performed. If the work is on common areas of development and not on housing, then no legal home improvement contract is necessary. With respect to the extent of the potential liability of the HOA Board of Directors, I am not an expert on the HOA, but you might find this article useful – static1.squarespace.com/static/5268479fe4b0d94adb89065f/t/52fe7600e4b072f887f580d3/1392408064696/BOARD+MEMBER+FIDUCIARY+DUTY+A+Nuts+and+Bolts+Approach.pdf. In order for the liquidated damage to be maintained, the damage to the owner must be uncertain or difficult to determine in advance. In addition, the liquidated damage must be a reasonable amount and cannot be a penalty. And the delay in construction cannot be due to circumstances that are not controlled by the contractor, such as.B. changes in work or extreme weather. As mentioned above, if you are a prime contractor for a project other than a project to improve housing security, there is a specific legal language that you must include in your contracts. However, if you are a senior contractor working on a residential improvement project, whether it is a single-family project, a condo or a multi-family, you must use a contract corresponding to Section 7159 of the Business-an-Professions code that sets out many detailed requirements ranging from font size to desired language to titles. The inclusion of a liquidation clause is not without risks. The agreed amount may not be sufficient to cover the entirety of the damage suffered by the owner. Or perhaps larger than the amount ordered by a court.
However, with a liquidated compensation clause, the owner can be assured of recovering a certain amount for construction delays and the contractor may limit his exposure. Good morning, Garret. In California, is a Class A/Class B contractor who repairs hazmat, a commercial vessel, obliged to provide a written estimate instead of proceeding on a time and material basis? Could you take me to applicable California status? Thank you very much. To file a complaint against a contractor installing this system and/or the home improvement seller who sold this system, contact your website at www.cslb.ca.gov (search form: “claim form”), by phone at 800-321-CSLB (2752) or by phone at P.O. Box 26000, Sacramento, CA 95826. The labour code, Section 1775, provides that for contracts “executed between [a] contractor and [a] subcontractor for the completion of work on [a] public works project, a copy of this section and sections 1771, 1776, 1777.5, 1813 and 1815.” You, the buyer, have the right to terminate this contract within three business days.