Lawyers, Answer Questions  & Get Points Log In
Construction Law Questions & Answers
1 Answer | Asked in Construction Law for New Hampshire on
Q: What laws are being broken by a contractor, who takes a deposit and doesn't complete the work in several different towns

as well as taking an electrician's license number and putting his name on it.

Alexandra Brewer
Alexandra Brewer
answered on Sep 30, 2022

It depends. Each contract and situation will need to be evaluated on its own. Were you personally damaged by this contractor? In order to bring an action against someone, you would have to have standing (i.e. a party to the contract). Please feel free to contact me to discuss.

1 Answer | Asked in Construction Law for Colorado on
Q: Can we sue a builder who refuses to fix a water drainage issue in our yard but fixed the same issue for our neighbors?

We moved into a new build home last September and immediately ran into drainage issues in our backyard. When we asked about the issue with standing water, we were told the grade had been certified and they wont do anything for us. We later found out that our neighbors had the same issue and the... Read more »

Jennifer L Roskamp
Jennifer L Roskamp
answered on Sep 28, 2022

Hi there,

I have come across this issue multiple times with new builds and in most of the situations the homeowners have received the same response from the company. I would need to know a bit more information about where you property is located and who the builder is, but if the drainage...
Read more »

1 Answer | Asked in Construction Law for California on
Q: Can a contractor file a lien on my property, if loan company fully released funds and paid them off for the project?

I've been dealing with a general contractor (that installed solar panels on my roof) ever since February. Loan company released funds and fully paid them off before the project was finished. I've been making loan payment for past few months. I recently received notice from contractor,... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

You need an attorney to guide you through this. It is very important that you understand, among other things, your agreement with the contractor and how the project is being financed. Speak with an attorney today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as... Read more »

1 Answer | Asked in Construction Law for Florida on
Q: We are building a home in Sarasota FL. Who is responsible for the damage to the home from a hurricane, theft, fire, etc?

We have not settled and are in the early stages. They just put on the roof trusses.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2022

You are, of course. And if you have insurance, the insurance company to the extent, and subject to the terms, of the policy.

If by "we have not settled ...", you mean you are buying the home or paying someone to build it, the responsibility would depend upon the specific fact...
Read more »

1 Answer | Asked in Contracts and Construction Law for Texas on
Q: My contractor abruptly stopped work 3 weeks ago and is unreachable. How do I proceed?

Homeowner in Texas. I contracted with (name withheld) for concrete and electrical work. I paid 50% upon signing. Work started 5 weeks after the estimated start date. They worked 3 days (some light excavation) and then all communication abruptly ceased 3 weeks ago. The contractor is unreachable by... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 21, 2022

If I were to take this case, I would start by reading your contract and creating an effective litigation strategy. After outlining the strategy, I would move forward with the plan. It looks like you have taken a few steps already, but it does not look like you have taken any formal steps. If your... Read more »

1 Answer | Asked in Construction Law for California on
Q: Is there a limit on the markup for 3rd party invoices? It isn't mentioned in the contract.

There is a column on the invoice for the markup amount. The items I'm questioning have nothing in that column.

This was a fire restoration. One room was damaged and the attic and floors throughout. The bill for the engineer was $9,300.

Six joists were replaced, all floors... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

You've provided some good information here, but more is needed (e.g., what does the contract or agreement state on this issue?). Don't share more here; instead, speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for... Read more »

2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: In Ohio can you ask a contractor for receipts from subcontractors?

The contractor told me it is illegal to share receipts with me in Ohio. Is this true?

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Yes, you can ask for receipts. No, it is not illegal to share them. But it depends on what your contract with the contractor says. The contractor might still refuse to share them. If there is a dispute over payment to the contractor, then use the Find a Lawyer tab to retain a local construction... Read more »

View More Answers

2 Answers | Asked in Consumer Law, Construction Law and Contracts for Texas on
Q: Can a contractor alter the terms of a contract for a septic system because the equipment he has won't work?

The contractor already accepted the money from the manufactured home company where we got the loan through to do the work on the septic system. Now he says because his mini excavator cannot penetrate The Rock underneath the dirt that we're going to have to spend an extra $2000 to put in an... Read more »

John Michael Frick
John Michael Frick
answered on Sep 7, 2022

That depends on the wording of your contract with the contractor and what it says about subsurface soil conditions and the allocation of risks. You should take your written contract to an experienced construction law attorney for a consultation. If the contract is not overly long, you should be... Read more »

View More Answers

1 Answer | Asked in Construction Law for Florida on
Q: I have a question about a potential construction lien for a florida residence

We paid a designer for a house plan that we are not using. This is not an architect it is an out of state designer. He was paid upfront for use of the plan and then unexpectedly sent a large bill for edits he did to the plan. We are going a completely different direction and will not be using... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 6, 2022

Probably, assuming it's the same land and you didn't build somewhere else.

1 Answer | Asked in Construction Law, Personal Injury and Criminal Law for Tennessee on
Q: My husband works in downtown nashville in construction. He found all his equipment doused in port-a-potty water today

This was done by a different company maliciously against him specifically. His equipment is ruined and he unfortunately came into contact with the fecal waste. What can he do regarding this? He has evidence and samples to prove this was the case. Can’t find specific TN law or osha regulation for... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 30, 2022

That is a possible Vandalism Criminal Charge. Call the Police. A civil warrant for Property Damage could be filed in General Sessions also. There may have been witnesses or even video. It will take admissible proof to go after them.

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Im a contractor I have a contract with a homeowner, they want to cancel the contract how do we go about doing so?

The paper work for permits took longer then expected, there was a change order, and a deposit was put down from the homeowner. They want to cancel the contract and an itemized list of what was spent.

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 26, 2022

I would start with your original contract. If contains procedure on how to cancel the contract, then you may be able to use that.

If not, then you may wish to sit-down with the homeowner and negotiate a settlement agreement/ termination agreement. In short, you would both be agreeing to...
Read more »

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for North Carolina on
Q: What kind of lawyer can help if a contractor attempts to sue me to get additional payment for work not requested?

A contractor charged an additional $8000 to replace his mistake. I believe such a miscommunication is not my fault, but would be willing to agree to a compromise at 1/2, but not pay the entirety since he did such a poor job with replacement. Its going to cost me an additional $8k to fix his poor... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

You need an experienced civil litigation and construction attorney. Some debt collection defense attorneys have experience defending these kind of lawsuits. If the contractor placed a lien on your property and is seeking to enforce that lien and sell your property, you need someone familiar with... Read more »

1 Answer | Asked in Contracts and Construction Law for Texas on
Q: How do I start a law suit on a solar company. The installers caused my house to burn down

The installers had to reset the tracts across the entire roof left original holes open my house flooded they sent an inspector out he said they were at fault. The company said they would fix my roof This was in December 2020 we started having issues with the outlets and breakers popping we would... Read more »

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

I am terribly sorry this happened to you.

I recommend not taking serious legal action on your own, since there are many legal issues, deadlines and hurdles which are difficult to cross as a pro se plaintiff.

But to answer your question you would have to sue the company and serve...
Read more »

1 Answer | Asked in Construction Law and Contracts for Texas on
Q: I signed a solar contract on March 9th 2022. Contract stated install within 65 days but could have unforeseen variables

It has been 5 months and they kept blaming cps for delays. I have been in contact with CPS and they show no active work order on my account. Found out today they messed up on the contract and cps has been rejecting it. They want me to sign a new contract. Stated if I don't original contract is... Read more »

Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar PRO label
answered on Aug 20, 2022

You should not have to sign a new contract. The former contract is valid and enforceable. If you sign the new contract, you will have waived any remedy at law or in equity.

Unforeseen variables must be reasonable, but without actually reading your contract, I cannot be for sure. Here are...
Read more »

1 Answer | Asked in Construction Law for New Hampshire on
Q: Is it legal for an LLC construction company to charge customers by the hour?
Alexandra Brewer
Alexandra Brewer
answered on Aug 19, 2022

Generally, a construction company or general contractor can charge by the hour and the terms and pricing are outlined in your contract. Some companies may be willing to negotiate a fixed price or a mix of the two. However, it is usually unlikely for a general contractor to charge by the hour as... Read more »

1 Answer | Asked in Contracts and Construction Law for California on
Q: Can there be intentional misrepresentation post-contract signature where false representations induced me to then amend?

Contract was signed, then contractor sent change orders to alter OG contract. I signed them due to the misrepresentations of the contractor. Can I assert a cause of action for intentional misrepresentation where the contractor intentionally made misrepresentations to me to get me sign the change... Read more »

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 14, 2022

Absolutely. You are exactly right.

Change orders are one of the most likely areas for abuse by contractors because with the project already in progress, the owner has less leverage to deny the change order.

1 Answer | Asked in Consumer Law, Construction Law and Contracts for Tennessee on
Q: What is the max amount of a deposit a contractor can require down from a customer in TN
Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

You should probably consult a lawyer to review the contract. If any part of the agreement seems questionable you should make sure of what you are being asked to sign before you sign. There might be more problems than you notice.

Also look at the State of Tennessee website:...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Virginia on
Q: Customer threatening to sue general contractor if not refunded for work

I’m a general contractor and did concrete driveway/sidewalk resurfacing. Work came with 5 year warranty materials/labor. After resurfacing, hairline cracks developed in the resurfacer in 3 areas. I and my conc. sub attempted multiple times to repair said cracks under warranty, but cracks... Read more »

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 6, 2022

HIRE AN ATTORNEY - there are a number of overlapping issues. What is the actual warranty? Did the Customer's action improperly and tortiously interfere with your contractual relationship with Thumbtack? What liability if any does the manufacturer have? etc.

The response above is a...
Read more »

1 Answer | Asked in Construction Law for California on
Q: My contractor ghosted me near the end of the job. I have paid him directly but now find out he didn't order the material

He has also not paid the employees or installers. But I have paid him. What can I do legally to get job done and have his vendors paid

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 5, 2022

Abandonment of the job is a serious ethical and legal violation. If you have any contact with your contractor you should make a record (email/text/mail) of demanding reimbursement to you of any amounts owed employees and installers.

Second thing is to verify his CSLB license, if you...
Read more »

2 Answers | Asked in Construction Law, Contracts and Real Estate Law for Florida on
Q: Builder asking for $25k over contract price before issuing CO

We have the final walkthrough on a new construction home this evening and were told we'd receive the keys. We received an email from the builder stating they must raise the price of the home $25k and receive the money before issuing the CO. When we spoke on the phone, they told us it... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 26, 2022

No, the contract doesn't need such a clause to be enforceable. Talk to the building department regarding a certificate of occupancy.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.