California Mechanic Liens, Stop Notices and Payment Bond Attorneys

CALIFORNIA LITIGATION SERVICES

Since 1992, David H. Ricks & Associates has been dedicated in providing quality legal services for residents and businesses of Southern California’s Inland Empire. The Inland Empire is filled with individuals, small and medium sized businesses faced with similar legal issues as large businesses, yet they lack the same legal budget and resources as their larger counterparts. Nearly all of those businesses were developed by industrious individuals that know their industries well, but still need legal help to succeed. Lawyers that clearly understand the needs of small businesses can meet those needs and provide quality legal services at a fair price. David H. Ricks & Associates is a California law firm ready to meet the needs of Southern California’s residents and small businesses.

Practice Areas

Mechanic's liens, Stop Notices and
Payment Bond Claims
Rancho Cucamonga Construction Attorneys

David H. Ricks & Associates, Attorneys at Law, Represent Contractors, Subcontractors, Material Suppliers, Developers and Owners in California's Inland Empire, Consisting of San Bernardino and Riverside Counties as well as parts of Los Angeles County and Orange County

Many times contractors, subcontractors and material suppliers and owners need legal representation to enforce mechanic's liens, stop notices, payment bond claims, collection claims or even contractor license bond claims. For others, including property owners, developers and contractors, they need to defend improper claims for breach of contracts, collections, labor claims and delay damage claims. Regardless of what side of the dispute you are on in a construction litigation claim, contractors, subcontractors, owners, material suppliers and developers need quality legal advice and representation by attorneys that know the California law in this technical field and that have the ability to perform the work for a reasonable fee. At David H. Ricks & Associates, we pride ourselves in knowing the law in the construction field and the fact that we can perform the required work in a manner that meets most reasonable budgets.

If you are a contractor, subcontractor, material supplier, owner or developer and you have the challenge of dealing with litigation involving the construction field, allow David H. Ricks & Associates to assist you in handling your claim. Our services, include, but are not limited to the following:

Breach of Contract

Collections

Mechanic's Lien Claims

Stop Notice Claims

Performance Bond Claims

Payment Bond Claims

Contractor License Bond Claims

Product Defects

Contractor Licensing Issues

Disputes with the California Contractor's State License Board (CSLB)

Fraud Claims

Labor Disputes

Hour and Wage Issues

Injury Claims

General Contractor Indemnity Claims

General Business Disputes, including, Partnership Disputes, Shareholder Disputes, Lender Disputes and any other matters in the operation of a construction business

Construction Litigation

Many of these construction related problems can be resolved without litigation if timely action is taken. However, so often contractors wait too long to enforce their rights in an effort to accommodate certain demands placed upon them or on their time. When they finally realize they are not getting paid, the time has passed to exercise their rights through the use of a mechanic's lien, stop notice or a bond claim. These time periods are often very short and vary in length. It is critical to know how to enforce your rights, long before you need a construction litigation attorney. By meeting the Rancho Cucamonga attorneys of David H. Ricks & Associates, you can develop a working relationship that allows you access to attorneys that can answer your questions quickly, and often for little money. This relationship can help you avoid critical mistakes in missing time limits and deadlines for filing mechanic's liens, stop notices or complaints for the foreclosure of a mechanic's lien.

California contractors, subcontractors and developers have come to know that with construction, often comes litigation. Nearly every large project has a team of lawyers working on dealing with some form of construction litigation, breach of contract or construction defect claim during or after the work is completed. This reality has become extremely expensive for most contractors. However, quality legal representation does not always come with a big price tag. You work to be efficient to keep your costs down, so does David H. Ricks & Associates. We know who we work for and we know you can not make a profit when you are spending all your money on the lawyers. Beyond efficiency, our trial and litigation experience will give you an advantage in resolving your dispute or getting you a quality outcome.

If you are facing a construction litigation matter of any kind or just want a quality lawyer on your side ready to help when necessary, call us today at 909-481-0100 for a prompt consultation and evaluation of your case or your legal needs. If you retain us and we accept your case, we will advise you of your legal options, give you a reasonable fee schedule and begin our work on your behalf. We believe our value and ethics are what set us apart. You may also contact us by e-mail at davidr@ricksassociates.com (put " Request for Legal Representation" in the subject line) or you can submit your case online from this website.

If you are a contractor, subcontractor, material supplier, property owner or developer needing a construction litigation lawyer in the Inland Empire, including San Dimas, Glendora, Claremont, Pomona, Chino, Chino Hills, Ontario, Upland, Diamond Bar, Corona, Norco, Mira Loma, Rancho Cucamonga, Alta Loma, Etiwanda, Fontana, Rialto, Bloomington, Highland, Colton, San Bernardino, Grand Terrace, Redlands, Loma Linda, Yucaipa, Riverside, Apple Valley, Victorville, Hesperia, Big Bear, Lake Arrowhead, Crestline, Blue Jay, Mt. Baldy, Wrightwood or any place in between, a construction litigation trial lawyer from David H. Ricks & Associates is a good person to have on your side.

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FAQ

What is a mechanic’s lien and how does it work?

Before we get to the mechanic’s lien we have to talk about a 20-day preliminary lien notice. Except for a contractor that is directly contracted with the property owner, this notice must be sent to the property owner to notify him/her of a subcontractor’s or supplier’s contribution to the property. The notice should be sent within 20 days from the time work began by that contractor to secure all the work performed. If it is filed later, it will only reach back 20 days from the date of the notice. If the document has not been sent (whether or not received) no mechanic’s lien can be enforced.

WHAT DO I NEED TO PROVE FOR A BREACH OF CONTRACT CASE?

Civil Code section 1549 provides: “A contract is an agreement to do or not to do a certain thing.” Courts have defined the term as follows: “A contract is a voluntary and lawful agreement, by competent parties, for good consideration, to do or not to do a specified thing.” (Robinson v. Magee (1858) 9 Cal. 81, 83.)

A breach of contract is when one or more parties fail to perform the agreement entered into prior to the performance of the specified thing.

CAN I RECOVER ATTORNEY FEES IF I WIN MY BREACH OF CONTRACT CASE?

This is probably one of the most often asked questions of me when I start my review of a breach of contract case. Whether a case proceeds to litigation often depends on the ability to recover the cost of attorney’s fees from the opposing party. I often see businesses or individuals that are owed $20,000.00 or less from someone that did not pay for the services or did not pay on a loan.

What is a "Preliminary 20-day notice" and as a California contractor, material supplier or subcontractor do I have to serve one to protect my rights?

First, the preliminary 20-day notice is a written notice from a contractor/subcontractor/material supplier that is given to an owner, the general contractor, lender and/or construction financer of a property, advising them that the individual or company is either delivering supplies or performing construction related services on a particular parcel of property or on a building.

If I have a signed purchase contract, and the seller tries to back out and sell the property to another for a higher price, what rights do I have?

This problem was prevalent in the time period when the property values were skyrocketing. In fact, there was a lot of litigation between buyers and sellers because we were seeing property values rise weekly and sellers were trying to capture the highest price regardless of the consequences to the buyer and his or her family.