Hello, Mauritius. Your question is preceded by a statement: “Apparently, the subcontractor is breaking the law.” I don`t know on what basis you think the contractor is clearly breaking the law, but if you think you`re breaking the law by not using a legal DIY contract, and I take that out of your statement that the contractor asked for a $1,000 down payment and a second payment at the beginning of $52,560, it depends on the work done. If you are working on community development areas and not on housing, a legal DIY contract is not necessary. As for the extent of the eventual liability of the HOA Board of Directors, I am not an expert in 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. Is the contractor`s failure to fill in the withdrawal information and simply insert the date on which the three days expire not valid or does he cause the termination to be annulned after the expiry? Hi, Chuck. I am not aware of a requirement for a contractor performing Hazmat work to make a written estimate instead of performing work on the basis of T&M (providing an estimate and performing work based on T&M is not necessarily inconsistent). However, they must have a certification of the removal of hazardous substances – www.cslb.ca.gov/About_Us/Library/Licensing_Classifications/HAZ_-_Hazardous_Substance_Removal_Certification.aspx 7028.15. (a) Any person is required to make an offer to a public body to engage in that State as a contractor or to act as a contractor without having a licence, except in one of the following cases: Garrett, for this reason it is necessary for the rmE or senior officer in the licence to make an offer, an offer or contract. I think that the signing of an offer or a contract is the only proof that the contractor is the one who filed it. PPLE (DIY Proposal/Contract) HIN (DIY Releases) CN1 (Termination)GC1 (Construction Contract) SC1 (Subcontract) CO1 (Modification Order)BP1 (Offer Proposal)INV (Contract Invoice)INV2 (Standard Invoice) RELEASE LINK (ULR, ULRP, CLR, CLRP, LLR)WC3 (Warranty) Is it customary for a DIY contract to cap or limit the liability provision, which essentially states that the best thing the contractor can be held liable for is the amount of payments required under the contract? Hello, Garret.
In California, does a Class A/Class B contractor, who is performing a renovation in a commercial office building, have to submit a written quote instead of continuing on a time and material basis? Could you refer me to the applicable California statutes? Thank you very much. Hello, Daniel. The DIY Law applies to DIY contractors, which include both individuals and companies that carry out DIY. You, the buyer, have the right to revoke this contract within three working days. You may terminate the contract until midnight on the third working day, after receiving a signed and dated copy of the contract containing this notification, by e-mail, post, fax or e-mail addressed to the Contractor at the Contractor`s place of business. Provide your name, address and the date you received the signed copy of the contract and this notice. Hello, Garret. Thank you very much for your blog. I am a member of the board of directors of an HOA. In the past, we have been sued for hiring an unqualified general contractor and a bad contract for over a million dollars.