[quote=UCGal][quote=Russell][quote=UCGal][quote=Russell]O.K. UCgal, Good to know you have done and are doing good work on your own behalf. I hope the guy has something you can be compensated with. I am impressed that you managed to get an investigation and opinion from the CSLB.Good luck.
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It was a long and painful process. We kept our investigator on speed dial, and nagged her along in the process. Our complaint and his license suspension took 11 months to show on the clsb website. Despite that we had overwhelming documentation that he’d diverted funds, and violated 8 or more b&p’s. [/quote]
UCGal.
I thought it would take some real tenacity and probably persuasive writing expertise, to get the CSLB to do something.

Perhaps you mean the man violated BMP’s (Best Management practices). For anyone reading who might not know, Those are the erosion control and jobsite construction material and waste management particulars. On a sloped lot you have a lot of that. Sorry this all happened to you. Again, Good luck.

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No – he was actually good at the BMP stuff (straw waddles at the base of the grading, etc.). I meant B&P… these are the civil codes that contractors are supposed to follow. Stuff like this.
http://michie.lexisnexis.com/california/lpext.dll/cacontr/6/c8d/c90/c93/c96/c99/10ca/1207?f=templates&fn=document-frame.htm&2.0

He did things like redirecting funds paid by us to other projects, having employees and claiming none to the CSLB (workers comp issue), having unlicensed subs, insisting on being paid in advance, insisting on a bigger starting fee than $1000… you name it, he violated it.

In theory, his violations were agregious enough that the investigator recommended that it go before an administrative law judge. That doesn’t help us recoup our losses – but it will feel good to see him found guilty of breaking the law.
Seriously – this guy was a thief. Big time.

I just keep reminding myself that not all contractors are quite so blatent in their theft. [/quote]

O.K. Business and Professions.

I generally write my contracts giving the owner benefit of the doubt as to payments. I don’t get paid much until after a significant milestone is reached, but have smaller milestones at the end of the contract in case it becomes an issue, which it never has.

As I am sure you are aware,another alternative is a Fund Control. I will put it here because I know a few piggs who like to read about construction topics, Dixieline, some lenders and certain escrow companies and other businesses do this. I think in some cases Law offices are used. Here is an example:
http://www.lamesafundcontrol.com/Fund_20_Control_20_Services.html