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Construction Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: Can I fire the roofing co named in my insurance sett. If they are named on ck bc I think they are scammers!?

We settled with ins co to get a new roof. It was one of those companies that knocked on our door. At first they were great; promised us new roof, carpet, paint, etc. now that we got settlement they said we will give u 7500. Use that where u want but that’s all and that’s not even in writing. I... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 26, 2022

Lawyers on this website are not allowed to call anyone. This website is designed for general information. You need to take the paperwork to a lawyer for a consultation as soon as possible. The lawyer hired to negotiate the settlement was not your lawyer and worked for the roofing company. Do... Read more »

2 Answers | Asked in Car Accidents, Personal Injury, Construction Law and Small Claims for California on
Q: Family and I were in a car accident caused by the city. what do we do?

The city was working on a traffic light. Causeed another vehicle to hit us.

William John Light
William John Light answered on Jan 23, 2022

If you are hurt, see a doctor. Then contact an attorney. If you don't need medical attention, you probably don't have a case worth pursuing. You have 6 months to file a Tort Claim with the City, which is a requirement before filing a lawsuit. When you talk to an attorney, be prepared.... Read more »

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1 Answer | Asked in Construction Law for Michigan on
Q: I recently did a job for a customer but was a third party through the whole process. I completed the job.

Unfortunately I wasn't paid at all. My friend who got the job for me, through the construction company. During the whole processes of the job I had mainly had to go to him for questions and did get the first half down. Well the first half was $4700 and I only got 4000 thousand cash in a... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 17, 2022

Your issue is with the construction company. Sounds like customer paid as they agreed, and they are not responsible for whatever arrangements you had going with your friend.

1 Answer | Asked in Small Claims, Contracts and Construction Law for Pennsylvania on
Q: Im a contractor i installed a washer 18 months ago the washer recently leaked am i responsible i only gave 1yr warranty
Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

I don't see why. Your job was to install the washer. Unless the leak is from a joint you worked on I don't see liability.

1 Answer | Asked in Contracts, Workers' Compensation and Construction Law for Texas on
Q: If I work on the house I'm living in can I charge my landlord for the labour I put in

My landlord basically said If I hire someone to work on my house then he will not pay for the labor but he didn't say if I worked on the house that I couldn't charge him for labor

S. Michael Graham
S. Michael Graham answered on Jan 13, 2022

No. You would need a contract. Otherwise it would be deemed a gift. Contracts involving real estate need to be in writing. This would be a contract for services so I not too sure. Always better to have something in writing. Good Luck.

1 Answer | Asked in Construction Law and Contracts for California on
Q: Contract Fraud - Can I be sued for misrepresentation/contract fraud even tho I printed a disclosure on the contract.

Worked as Unlicensed Contractor, and printed disclaimers/disclosures of "NOT A LICENSED CONTRACTOR" on all Quotes and Invoices. The Plaintiff/Customer claims he was unaware that we weren't licensed. Sent customer 3 quotes and 3 invoices all with the disclosure printed on them. I... Read more »

James A. Greer
James A. Greer answered on Jan 10, 2022

Dear Unlicensed Contractor: You asked if you can "be sued for fraud" for having operated without a license despite placing "disclosures" of such on your invoices. Unfortunately, making "disclosures" on your paperwork does not obviate the requirement that you have... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Alabama on
Q: I want my money back from a contract with a pole barn builder who has done no work in a 1 1/2. What type of lawyer do?
William Vann Burkett
William Vann Burkett answered on Jan 7, 2022

You likely need an attorney who handles contract disputes. Often construction law attorneys deal in large commercial disputes. A general practitioner or trial attorney will likely be able to give you advice on your individual situation.

1 Answer | Asked in Communications Law, Construction Law, Education Law and Energy, Oil and Gas for New York on
Q: can you help me sue my dead grandma

they dead

Tim Akpinar
Tim Akpinar answered on Jan 6, 2022

If this involves something with an estate or will, you might have better chances of a reply in the Probate or Estate Planning categories under New York. But in either case, it would be difficult for attorneys here to reach out to you to help with a lawsuit - this forum does not work like an... Read more »

1 Answer | Asked in Construction Law for Ohio on
Q: A customer requested an estimate for home repairs, they agreed to the contract, but cancelled 4 days before start date

The estimate is a detailed document sent to the customer via email or text. It states that it is used as the contract and that it follows general contracting conditions regarding payments. The customer agreed to the price and the start date and cancelled on me 4 days before the start date/ 8 days... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 2, 2022

If there was no actual start and no costs incurred by the contractor, then no one has any rights. Everyone can terminate the contract without penalty. The only exceptions would be if 1) there was anything in the contract granting profit under the contract or 2) the contractor incurred any initial... Read more »

1 Answer | Asked in Criminal Law and Construction Law for Illinois on
Q: Im being investigated for home repair fraud but I have returned the money presumably before I have been charged Am I gud

I do driveway installation and recently I did work for a elderly lady, I I did not charge her more than I told her, I did everything I told I was going to do and I made sure to ask her if she was satisfied before she paid me. I also told her at any point if she was unhappy with the job to contact... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 30, 2021

That is why is it always essential to enter in a written contact with all terms and conditions spelled out in a clear form. That way, with any misunderstanding you have a written contact signed by both parties.

Now, back to your matter at hand.

In my professional opinion the local...
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2 Answers | Asked in Construction Law and Contracts for Florida on
Q: Once I have terminated a construction contract by notifying the builders, can I hire another builder & finish the house?

My construction contract for a new home had a termination clause that required the Owner to provide three written notifications to terminate the contract. The contract was materially breached, and I have completed those notices. I have received no response from the opposing parties (developer and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 28, 2021

One would have to read the contract to be sure. But yes, you can probably find someone else to finish the job. It is doubtful that you would have to file suit (a motion would be part of a lawsuit); leave that up to party who you claim breached the contract to sue you, if they think such a suit... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Landlord - Tenant for Virginia on
Q: How should I proceed to ensure I am not being put out empty handed or because of a lie?

Hello, I'm a single mother of three beautiful small children and, in 04/2020 I began renting a small home 2 bedroom with a agreement that if remained current on my rent payments & on time every month and fixed this uninhabitable home(mold,structural damage,plumbing and electrical repairs... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2021

This is something that an experienced Viriginia landlord-tenant attorney should advise on. But your post remains open for three weeks and describes a heartbreaking situation. Until you are able to go over this with a Virginia attorney knowledgeable on these issues, here are a few resources that... Read more »

1 Answer | Asked in Construction Law for Ohio on
Q: Can a representative for the owner of the claimant company sign the affidavit for mechanics lien?

The owner is not available to have the affidavit notarized. Can I, his office manager, sign the affidavit as his representative. This is in Ohio

Joseph Jaap
Joseph Jaap answered on Dec 14, 2021

A company representative who is properly identified in the affidavit and has knowledge of the facts stated in the affidavit that are required to be in the lien affidavit, can sign the affidavit, which then must be recorded within the time limit and properly served on the property owner within that... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Maryland on
Q: I own over 3 properties and I'm not able to file my claim against the guaranty fund for a bad contractor. Any advice?

I was working with the Maryland investigator regarding a contractor using someone else's license. He was paid by me. In September 2020 the case was concluded in the District Court of MD and I was giving the approval to file against the guaranty fund. The MD investigator told me she would help... Read more »

Mark Oakley
Mark Oakley answered on Dec 14, 2021

The Home Improvement Act is a regulatory statutory scheme for the benefit of protecting consumers, and the Guaranty Fund is established to provide a certain amount (up to $20,000) is available to reimburse a homeoewner for losses sustained at the hands of an unlicensed contractor or unworkmanlike... Read more »

1 Answer | Asked in Construction Law for California on
Q: I did a repair job and completed it, is the person I did it for required to pay me even if I contracted the job out?
James A. Greer
James A. Greer answered on Dec 12, 2021

Dear Repair Tradesperson: The scenario you identify is a typical Contractor-Subcontractor arrangement, whereby you (Contractor) obtain the project and subcontract it out. There are some nuances regarding licensure and what was placed in writing between you and the Owner, but without that... Read more »

1 Answer | Asked in Construction Law for Tennessee on
Q: Can substantial completion be reached on new construction if there is not a fully functioning bathroom? Statue or code?

Contractor is claiming substantial completion took place before there was a functioning bathroom in my new house while it was under construction. Contractor’s attorney questioned me extensively in small claims court about all the plumbing fixtures in the house which lead me to believe all... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 1, 2021

Substantial completion means that the owner can use the improvement for the use intended. See TCA 28-3-201. There is a lot of case law on the issue. There are exceptions, such as contract terms, change orders, etc. Consult a lawyer if you need help with your case.

1 Answer | Asked in Construction Law and Contracts for California on
Q: Is the contract for work on my house voidable? If so, what do I need to do to void this contract?

I signed a contract for work to be done on my house after some water damage was incurred. They came to my house on 10/30 to look at what needed to be done and provided me with an estimate on 11/2. However, I now know that their contractor’s license expired on 10/31.

Yelena Gurevich
Yelena Gurevich answered on Nov 26, 2021

if they performed work that benefited you, you still owe the money for the work completed, regardless of their contractor license status. if they have not performed any work, then it may be possible to cancel the contract but you would have to spend money on a lawyer to review the contract and the... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
Michael D. Birchmore answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

1 Answer | Asked in Construction Law and Real Estate Law for Virginia on
Q: A faulty mechanics lien was put on our house. We had an addition put in over 10 yrs ago. The contractor never finished.

After 60 days we wrote the contractor to fire him so we could get another contractor to finish the project. Found out the first contractor was not a certified contractor. First contractor put a mechanics lien on our home, stating we owed him $2,000 for a cement patio. This patio under the contract... Read more »

Steven Krieger
Steven Krieger answered on Nov 22, 2021

You have to file an action to clear the title in Circuit Court. Of course, you could send a letter or have an attorney send a letter to the contractor explaining that if he doesn't remove the lien, you're going to ask the court to award you attorney's fees for the effort and filing.... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Construction Law and Contracts for Florida on
Q: Does refusal to adhere to a 5-year workmanship warranty create breach of contract and void the required arbitration?

Extensive damage occurred in my house after work was done by a company. The damage was undetected for almost four years due to its location. Once found, expensive repairs were required. Three outside specialists confirmed the cause of damage was the poor workmanship. The company refuses to pay any... Read more »

David H. Relkin
David H. Relkin answered on Nov 16, 2021

You ask a very good question and one that I have been asked many times. An arbitration provision is valid even if the contract involved fraud. In other words, simply because fraud was involved in the transaction, that does not void the manner in which you have agreed to resolve the dispute. This is... Read more »

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