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Our neighbor's remodel significantly damaged our property and
we're looking for a good construction law attorney. The
neighbors understand that they are liable, but we need
assistance negotiating the terms/scope of the repair work. Many
Jeff Leon & Debbie Leon, attorneys in Oakland, specialize in
construction defect and related law. Phone 208-6600. Excellent
people and lawyers, smart, effective. They'll be able to recommend
someone(s) to assess cost of damages, I'm sure. Best of luck.
We like Paul Berning his e-mail is firstname.lastname@example.org.
He used to work for one of the big firms, but he recently opened up
his own office to be able to help people with just this sort of
make sure the attorney also knows how to swing a hammer...
(i say tongue in cheek). i am scratching my head on this
one... a neighbor damages your property, neighbor
understands their liability... ANOTHER TACTIC: get an
estimate and get it fixed on neighbor's nickel. good luck,
i hope it works out.
somebody else's neighbor
We have a contractor that caused significant damage
($10,000+) to our deck in the process of trying to refinish
it. We've asked him to report it to his insurance, and they
denied his claim. We've also reported it to our insurance,
and were similarly denied. I've filed a complaint with the
state contracting board (he's licensed) and have well
documented the damage. We're now looking at court. Does anyone have a
recommendation for a lawyer that could
handle this type of issue? I have no idea where to look (Google has been
Thomas Eastridge specializes in real estate law in Oakland. I
have used him on three occasions and each time I have found him to
be up front, professional , and he has produced positive results
for every case (He was able to negotiate a settlement without us
having to go to court).
He returns calls, has a sense of humor, and has a very down to
earth manner. His number is 510-530-1700.
so, there ya go... you hire a licensed contractor that has
insurance and insurance company(ies) fail to cover the
but, the heck with insurance companies... was it a bad
product used on deck? or faulty workmanship? the former
may give you an opportunity for another culpable party. if
the latter is the case... it sounds like another case of the
licensing board not doing their job to sort out the
unskilled. maybe it's time for reform of the CA licensing board
and then ... there is this: maybe it was an honest
mistake... which your insurance company should cover
We had a legal dispute with a contractor and were well
represented by Richard Freeman at Wood, Smith, Henning and
Berman in Concord. Richard has many years of experience in
construction defect litigation, both as a sole proprietor on
smaller cases and now as a partner at a big firm working on
huge cases. I don't know if he'd take a case as small as
yours, but you could certainly try. He was a pleasure to
work with (but very expensive).
That said, I have to give you my warning... does your
contract with the contractor specifically allow you to
collect attorneys' fees? If not, you will not be allowed to
do so, and litigation is HUGELY expensive. While $10K in
damages is significant to you, the cost of hiring a lawyer
to recoup that would very, VERY quickly put you in the hole,
even if you reached a quick settlement and never went to
court. Here are a few other things you might consider first...
--The Contractors State License Board has an arbitration
program that is free. There is some wait time, but I'll
repeat: it's FREE. --You say your contractor filed a claim with
Are you sure? My experience with this is that it's the
homeowner who files a claim with the contractor's bonding
company when property is damaged. YOU should be the one to
file the claim. You should be able to get info on your
contractor's bonding company from the CSLB website, and you
can file a claim without the contractor being involved at
all, if you want to.
--If none of the above are successful, please consider small
claims court. There is a $7500 limit, but that will still
put more money in your pocket than hiring a lawyer.
--When you're done, take your revenge on yelp, bpn and all
the other review sites. We'd love to know whom to avoid.
So sorry about this - I know firsthand what a nightmare it
is. Best of luck to you.
I am also in the process of sueing my contractor. because your
case is below $25,000 I believe you can represent yourself in some
kind of small claims. If you get an attorney it is a good idea,
but $10,000 is not worth it cause a good litagation atty will be
around $5000- $10,000. I'm not sure what county your in, but if it
is Alameda county, go to the court house on Fallon st and go to
the clecks office where ypou can fill out the paper work and file
suit. By any chance is your contractor Romanian? I hop0e that
I went through the State Licensing Board for a roof leak
caused by a roofing contractor. The case worker handling my
case was wonderful and guided me through every step and
taught me a lot about how to make contracts with contractors.
After sending the contractor 3 letters trying to talk to him
about the roof leak, I filed a claim with his bonding
company. Luckily I found a great roofer who fixed the
problem for only $450. The bonding company paid me promptly.
Could anyone recommend a contract attorney for a case regarding a roofer? He mistakenly advised us to replace the entire roof under the premise that there was no paper underneath. The mistake makes a difference of $1,400 for repair of the skylight area vs. $6,700 for the entire roof. We're willing to pay $5,000 but he does not want to compromise and threatens to place a lein against our house. I've signed a contract to pay for the roof without any mention of the paper not being underneath the roof. I have witnesses who saw the paper during demolition. Thank you in advance. Susan
I've recently asked for recommendations to a good contract attorney
regarding a contractor problem and I saw a few months? ago a request
for a contract attorney as well but did not save the replies that
were received. I'd like to share the names of two attorneys I found
most informed, articulate, level-headed, and kind in providing "free
advice" over the phone. One is a Berkeley alumni, Michael Sullivan
who is listed either under Contract or Contractor Attorney column in
the Oakland yellow pages. The other is Steven Herman of S.F. listed
under contractor attorney column. These two were the most helpful
and I would not hesitate to secure them to help me on any issues that
require legal assistance in contract and contractor arena.
this page was last updated: Oct 1, 2013
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