California Bonding Question...

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Fulthrotl

~Autocorrect is My Worst Enema.~
not bonding the equipment. bonding of the contractor.

in california, what is the process to place a claim against
someone's $15,000 bond? do you need a court judgement,
or is an unpaid bill enough?

exactly how do you go about it? figured i'd ask here before
surfing further... i'm guessing the process varies from state
to state, so this is just for californication.
 

Fulthrotl

~Autocorrect is My Worst Enema.~
The summer of love was a long time ago dude.....;)

it's funny.... before i do work for someone, i pull the abstract, and make sure the license
is valid, etc. check for cooties or bedbugs. i just looked right now. it's odd, i'd have noticed
disciplinary action. maybe i skipped one. serves me right for lack of due diligence.

i've never actually seen a license with disiplinary action on it. this one has two of them,
one closed, and one currently running.

his last written promise of payment was a week ago, to pay immediately.
if it doesn't show by the end of this week, i'll file a claim on his bond monday,
while there still is one, that is.

did a little bit of googling about this, and as a subcontractor, i can file a
claim directly with his bonding company. no court action required. submit
proof of claim, and they resolve it. they contact him and tell him to pay it,
and if he doesn't, they pay it, and have the state suspend his license until
he does. he has previous suspensions, and citations for contracting with
a suspended license.

uff-da.

=======================
CODEBusiness & Professions Code
VIOLATION7113
DESCRIPTIONExceeded contract amount
CODEBusiness & Professions Code
VIOLATION7119
DESCRIPTIONLack of reasonable diligence
CODEBusiness & Professions Code
VIOLATION7159.5A3
DESCRIPTIONExceeded down pymnt of $1000 or 10% whichever is least
CODEBusiness & Professions Code
VIOLATION7159.D8C
DESCRIPTIONExcessive down payment
CODEBusiness & Professions Code
VIOLATION7109.A
DESCRIPTIONDeparted from trade standards
CODEBusiness & Professions Code
VIOLATION7159.D11B
DESCRIPTIONNo approximate completion date




========================================
 

Fulthrotl

~Autocorrect is My Worst Enema.~
gad. i can't look any further......

this was under "personnell complaints"
it was marked "referred to legal action".


CODEBusiness & Professions Code
VIOLATION7107
DESCRIPTIONAbandonment without legal excuse of any construction project
CODEBusiness & Professions Code
VIOLATION7108
DESCRIPTIONDiverted funds or failed to account
CODEBusiness & Professions Code
VIOLATION7113
DESCRIPTIONExceeded contract amount
CODEBusiness & Professions Code
VIOLATION7116
DESCRIPTIONWilful or fraudulent act
CODEBusiness & Professions Code
VIOLATION7117.5B
DESCRIPTIONContracted with suspended license
CODEBusiness & Professions Code
VIOLATION7159.5A3
DESCRIPTIONExceeded down pymnt of $1000 or 10% whichever is least
CODEBusiness & Professions Code
VIOLATION7159.5A5
DESCRIPTIONContr has recvd/reqstd more money than work completed
CODEBusiness & Professions Code
VIOLATION7159.C3BI
DESCRIPTIONDid not provide the date buyer signed the contract
CODEBusiness & Professions Code
VIOLATION7159.C3BII
DESCRIPTIONFail to give name & addr for mailing the notice of cancel
CODEBusiness & Professions Code
VIOLATION7159.C4
DESCRIPTIONNo unconditional lien release provided as work progresses
CODEBusiness & Professions Code
VIOLATION7159.C6
DESCRIPTIONNo notice re: obtaining a performance and pymnt bond
CODEBusiness & Professions Code
VIOLATION7159.D8C
DESCRIPTIONExcessive down payment
CODEBusiness & Professions Code
VIOLATION7159.D10A
DESCRIPTIONNo notice describing substantial commencement of work
CODEBusiness & Professions Code
VIOLATION7159.D10B
DESCRIPTIONNo approximate start date heading
CODEBusiness & Professions Code
VIOLATION7159.D10C
DESCRIPTIONNo date as to the beginning of work
CODEBusiness & Professions Code
VIOLATION7159.D11A
DESCRIPTIONNo approximate completion date heading
CODEBusiness & Professions Code
VIOLATION7159.D11B
DESCRIPTIONNo approximate completion date
CODEBusiness & Professions Code
VIOLATION7159.D13
DESCRIPTIONNo notice as to the impact of work and change orders
CODEBusiness & Professions Code
VIOLATION7159.E3A
DESCRIPTIONNo notice RE: addtnl/changes in writing prior to work begin
CODEBusiness & Professions Code
VIOLATION7159.E3B
DESCRIPTIONNo ntc: un-enforceability of chnge orders not complying
CODEBusiness & Professions Code
VIOLATION7159.E3C
DESCRIPTIONNo notice as to limitation of unjust enrichment
CODEBusiness & Professions Code
VIOLATION7159.E4
DESCRIPTIONNo heading or notice as to the mechanic's lien
CODEBusiness & Professions Code
VIOLATION7159.E5
DESCRIPTIONNo notice regarding the CSLB
CODEBusiness & Professions Code
VIOLATION7159.E6A
DESCRIPTIONDid not provide a 3 day right to cancel notice
CODEBusiness & Professions Code
VIOLATION7159.E6B
DESCRIPTIONDid not include the 3 day right of recision language
CODEBusiness & Professions Code
VIOLATION7159.E6CI
DESCRIPTION3 day right to cancel not in 12 point boldface type
CODEBusiness & Professions Code
VIOLATION7159.E6CII
DESCRIPTION3 day right to cancel notice not near the signature line
CODEBusiness & Professions Code
VIOLATION7159.E6CIII
DESCRIPTION3 day right to cancel is not acknowledged or dated by owner
CODEBusiness & Professions Code
VIOLATION7159.E6CIV
DESCRIPTION3 day notice in a different language from the presentation
CODEBusiness & Professions Code
VIOLATION7159.E6CV
DESCRIPTIONNo checkbox re: the attachment for a 3 day notice
CODEBusiness & Professions Code
VIOLATION7159.E6CVI
DESCRIPTIONNo notice of cancellation as part of the 3 day notice



 

mgookin

Senior Member
Location
Fort Myers, FL
Are you saying Cali requires a bond from the contractor as a condition of getting a license? And anyone who is harmed financially can go to the state to be made whole by calling in that bond?

In Florida there is a recovery fund that people can apply to and it does happen, but it's pretty bureaucratic.
 

Fulthrotl

~Autocorrect is My Worst Enema.~
Are you saying Cali requires a bond from the contractor as a condition of getting a license? And anyone who is harmed financially can go to the state to be made whole by calling in that bond?

In Florida there is a recovery fund that people can apply to and it does happen, but it's pretty bureaucratic.

yup... $15,000.

private companies issue bonds, or you can post one in cash, etc.
so you are filing a claim with a private bonding company, and if
you can prove you are due the money, they will pay you, and then
*they* will go get it back from their bond holder.

all the bonding companies share information. if you welsh on a bond,
nobody will ever issue you another until you clean the mess up.

i sent another bill, explaining i am 30 net, and when we hit the 60
day mark, i file a claim. i included a paypal link, so he could pay it
with a credit card. took about four hours, and i got a payment email
from paypal.

he called, and we talked about it. he's got a lot of irons in the fire,
and apologized for not taking care of it sooner.

it's all good. he owned his stuff, and that is all any of us can do.
honestly, it was more than i expected.
 

gadfly56

Senior Member
Location
New Jersey
Occupation
Professional Engineer, Fire & Life Safety
yup... $15,000.

private companies issue bonds, or you can post one in cash, etc.
so you are filing a claim with a private bonding company, and if
you can prove you are due the money, they will pay you, and then
*they* will go get it back from their bond holder.

all the bonding companies share information. if you welsh on a bond,
nobody will ever issue you another until you clean the mess up.

i sent another bill, explaining i am 30 net, and when we hit the 60
day mark, i file a claim. i included a paypal link, so he could pay it
with a credit card. took about four hours, and i got a payment email
from paypal.

he called, and we talked about it. he's got a lot of irons in the fire,
and apologized for not taking care of it sooner.

it's all good. he owned his stuff, and that is all any of us can do.
honestly, it was more than i expected.

It's one thing to pony up and another to own up. I might be inclined to move him slightly up the ladder from "scum of the earth".
 

Fulthrotl

~Autocorrect is My Worst Enema.~
Are you eating the Paypal fee for using a credit card?

god, i hope so. it'll be tastier than that invoice that was sitting there.

i always put a paypal link on my invoices. i've gotten the "you got paid" email
before i even made it to the freeway leaving the job. i could set up a merchant
account, but it's really not worth the bother. most people send a check in a few weeks.

if everyone want's to pay me immediately, i'll just have to deal with it somehow. sob.
 

Fulthrotl

~Autocorrect is My Worst Enema.~
It's one thing to pony up and another to own up. I might be inclined to move him slightly up the ladder from "scum of the earth".

well, i don't claim to have led a pristine life, and some of my distant
past made this guy look like immaculate conception personified.

my fico is above 800. when i quit drinking, it was a negative number.
i've had one check bounced in the last 30 years. B of A had a banking
error on that one.

when i quit drinking, i'd been living out of the check cashing places
for three years. check cashing places in cities like compton.
i failed "intuitive checking" badly. wake up monday morning,
and six checks are missing from your checkbook, no idea where or
how much, the ATM holds your card and says to see a bank officer....

IRS collections somehow got a hold of a coke dealer i knew, and was
trying to find where the car i was living in was parked.... he said he
didn't know, but he thought near disneyland.... the IRS agent said,
"that's a shame... he's so young..." the tragedy of that was during
that time, early 80's, i was taking home above $2k a week, most weeks.

so to brand him "scum of the earth", i'd first have to have the title
expunged from my record.... :angel:

it looks like the guy is dying from a self inflicted wound. maybe he
will get help, but most likely not.

that's why i posted earlier.... "i can't look any more"....
reading all that stuff brought back a feeling that you can't even
comprehend, unless you've felt it personally.

sad to say, i know what that feeling feels like, and why it feels that way.
 
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