Posted by Dan Phelps | Jun 09, 2026 |
Construction projects rarely proceed exactly as planned. Changes in scope, sequencing, and design are common. Most contracts anticipate this reality by including “change” provisions that allow owners or general contractors to modify the work. But there is a legal limit. When changes go too far, t...
Posted by Dan Phelps | Jun 09, 2026 |
I. Introduction
Construction projects rarely proceed exactly as planned. Plans evolve, schedules shift, and field conditions change. But at some point, changes can cross a legal line. When that happens, contractors may have rights beyond the contract's written terms. One of th...
Posted by Dan Phelps | Apr 21, 2026 |
Why do parties claiming delay resist producing the very documents that would prove their claim? The answer is straightforward: those documents often show the claimant caused the delay, or that no compensable delay existed at all. Full document production is not just a discovery obligation; it is ...
Posted by Dan Phelps | Mar 12, 2026 |
Small contractors can protect their payment rights and avoid costly disputes by following key legal and business best practices. This article outlines essential “dos” and “don’ts,” including serving preliminary notices on time, documenting agreements in writing, tracking deadlines, and maintaining proper licensing and insurance. By understanding these fundamentals, contractors can reduce risk, stay compliant, and improve their chances of getting paid for their work.
Posted by Dan Phelps | May 21, 2025 |
Mechanics Lien Deadlines for Contractors
1. Serve the 20-day preliminary notice when starting work.
When starting work, you must serve a 20-day preliminary notice on the property owner, direct contractor, and construction lender. However, if you have a direct contract with the property ...
Posted by Dan Phelps | Apr 17, 2025 |
California Contractors: The Preliminary Notice is crucial in both private and public works construction. In most cases, contractors must timely serve the Notice to enforce their mechanics lien, stop payment notice, and payment bond claim rights.
Under California Civil Code §§ 8200 and 9300 an...
Posted by Dan Phelps | Mar 14, 2025 |
When are Developers or House Flippers Exempt from Having a Contractor's License?
As a house flipper, renovating and selling a property without a licensed contractor might be tempting. But a significant consideration must be whether an unlicensed flipper can sue its licensed and unlicensed cont...
Posted by Dan Phelps | May 01, 2012 |
California Court nails Contractor with liquidated damages after the fails to follow contractual time extension, notice, and delay Contractor claim procedures.
A 2011 California Court of Appeal opinion gives contractors reason to make sure they follow contractually required notice and delay claim...
Posted by Dan Phelps | Mar 01, 2009 |
Early Completion Delay - Complete the Job Early and Still Recover for Delay
Time is money. As a rule, the quicker a project is completed the less the contractor will spend on managing and administering the project. Completing early allows the contractor to utilize its equipment and management...