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Construction Law Questions & Answers
1 Answer | Asked in Civil Litigation and Construction Law for Texas on
Q: We had a contractor do some work. inspection done, not great, can we sue for the labor we paid.

We had a contractor come in to remove existing framing and put in new framing per plans. Most of the studs are anywhere from 13 to 21 inches apart and warped studs, per inspector. He also did not follow plans. We do not want this contractor back on the property. Can we sue for labor and cost of... Read more »

John Michael Frick
John Michael Frick
answered on Oct 25, 2022

When a contractor does non-conforming work, you have the choice of either accepting or rejecting such work.

Non-conforming work is work that is not defective but which fails to conform to the plans.

Think you wanted the paint to be salmon in color but instead they used coral...
Read more »

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Construction Law for Oklahoma on
Q: What type of lawyer would specialize in an invoice dispute?

Dispute is between a private resident and a construction company invoice for work performed at home.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

An Oklahoma attorney could advise best, but your question remains open for three weeks. A civil litigation attorney should be able to handle a straightforward one. If the matter is highly technical with engineering or architectural attributes, there are construction law attorneys. Good luck

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: We have a contract to have a house built. What recourse do we have if the contract is not fulfilled?

Signed a contract May 7/2020. To date nothing has been done and the builder is not answering questions.

Real estate attorney

Michael  Mayoral
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Michael Mayoral
answered on Oct 19, 2022

Hello. It is really going to depend on the exact wording of the contract, specifically as to dates and time for completion. You should set up a free consultation with a contract attorney, have them go over the wording of the contract, and tell you what your options are. My firm provides such... Read more »

1 Answer | Asked in Construction Law and Real Estate Law for Texas on
Q: The general contractor did not pay the subcontractor for landscaping work for the house and lien is going to be in place

AUSTIN TEXAS: I have paid the full amount to the general contractor ($17.5K) but they have not paid the subcontractor for over 3 weeks. They ignored texts/calls and so the subcontractor stopped by our house to let us know that they are going to file a lien against our house.

What do we... Read more »

John Michael Frick
John Michael Frick
answered on Oct 18, 2022

Because the amount is less than $20,000, you can file suit without hiring an attorney in justice court. I would sue both the general contractor and landscaping subcontractor in justice court.

Given the small amount involved, it would most likely not be cost effective to hire an attorney.

1 Answer | Asked in Criminal Law, Business Law and Construction Law for Missouri on
Q: 1 cnt diceptful business practices and 1 cnt stealing. 1st offence. not guilty Whats going to happen. Can I beat it
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Oct 18, 2022

No one here know the facts, the evidence, and how testimony will be viewed. Until a jury renders a guilty verdict and it is upheld on appeal, anyone can theoretically beat any charge.

1 Answer | Asked in Construction Law for Ohio on
Q: Can a contractor terminate a contract because of too many errors brought to the attention of the contractor by buyer?

Landscape drainage, too low window wells refused to change and drywalled lower level flooded

Kitchen cabinets incorrectly installed even though an approved plan noted otherwise.

Island wrong colored cabinets

Lastly siding choice was hard to get, he asked to substitute a... Read more »

Joseph Jaap
Joseph Jaap
answered on Oct 10, 2022

If the contract had an arbitration clause, then provide notice to commence that. If it didn't, contractor doesn't have to agree to arbitration. But the contractor might not have complied with all the required consumer protection clauses in the contract, which might render it void and... Read more »

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Construction Law for Louisiana on
Q: I received a deposit of 52000 dollars on a 71000 Dollar project and I only used 22000 of it and the rest was Used

To cover labor and things for 3 other prior jobs I had to complete to get to the job at hand and now they are taking me to court

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 10, 2022

Please consult with a lawyer about the specifics of your case. Also, if you have been sued and served with paperwork, please know that you have a limited period of time in which to file an Answer (respond to the lawsuit) so please make sure you do so within that time period.

1 Answer | Asked in Construction Law for California on
Q: Can a general contractor enforce a lien on property if the last time they did work was more than six months ago?

The last time a general contractor (solar installer) did work on my home was nearly seven months ago. Due to number of reasons (incl. breaching terms of their contract, misrepresentation of good & services, poor workmanship, gross overcharging, damaging property, etc), I requested to stop work... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 9, 2022

Speak with a litigation attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Litigation, Civil Rights and Construction Law for Puerto Rico on
Q: ¿Es obligatorio cubrir la 1/2 de los gastos de reconstruccion de una pared medianera?

Una de las partes implicadas construyó la pared medianera hace varios años. La otra parte que no aportó a la construcción alega el muro esta cediendo. El muro no ha sido examinado por un perito en construcción y aparenta estar en buen estado. La parte peticionaria solicita al Tribunal la parte... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 6, 2022

La respuesta a su pregunta depende en dónde se construyó la pared medianera. Si se halla en el terreno de una de las partes, ese dueño es quien debe asumir el costo. Si se halla en el medio exacto entre ambas propiedades (o sea, que la pared medianera toca ambas propiedades, ambos dueños... Read more »

2 Answers | Asked in Construction Law for California on
Q: I signed a contract with construction co. Three rooms, 1 completed #2 has been in progress for 6 months

have put out extra money for up grades but company keeps putting me off they come one day , do half job and don't see for a month what is my recourse

can I get money that i have put down returned that would be

about $18,000.

thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

You can sue for breach of contract if the company is not fulfilling its terms of the bargain. Unless a specific time period is specified (or a time is of the essence clause was put into your contract), the court would interpret the time of completion as a "reasonable time."

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1 Answer | Asked in Consumer Law and Construction Law for Florida on
Q: Pool company does not exist anymore and left me with unfinished pool. What can I do to get my money back?

Dec. 3, 2021 I signed a contract with Hydrotech pools for building a pool in my backyard.

Now this company does not exist anymore. All the people I had contact with are not at the company anymore. I was at their office and it was empty, like abandoned. I paid everything except an amount of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 1, 2022

You probably can't sue the owner, assuming the company is a limited liability company (LLC) or corporation; that's what limited liability is all about. While there are possible scenarios under which you might be able to "pierce the corporate veil". it's not likely that you... Read more »

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.

2 Answers | 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 »

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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 »

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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 »

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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.

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