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Questions Answered by Edward J. Kazaleh

1 Answer | Asked in Construction Law for Texas on

Q: Trust Fund issue

I am sub working for a sub, who has the contract with the GC, the GC gets paid by government agency but doesnt pay us. Do I as a 3rd tier sub file a complaint under the trust fund law?

Edward J. Kazaleh answered on Feb 26, 2014

It depends... Also, some government contracts give you other options.

If this matter is still active, please contact me by email

Thanks, Edward

EMAIL: constructionlaw@live.com WEBSITE: www.bizlaw.pro

1 Answer | Asked in Construction Law for Texas on

Q: Do I have a case against a pool builder who did not pay a subcontractor

Pool builder did not pay sub and sub has placed a lien on property

Edward J. Kazaleh answered on Feb 26, 2014

You have a lot of legal rights...

You can do a Google Search on the TEXAS PROMPT PAY ACT.

Also, you can contest the lien in Court (within 1 year). You really should sit down with a construction lawyer for free consultation to look at your options and if you have a case. It sounds...
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1 Answer | Asked in Construction Law for Texas on

Q: Can I sue a contractor in league city, texas, that is incorporated; for a botched up bathroom. I have a lot of proof.

Edward J. Kazaleh answered on Feb 26, 2014

The short answer is ... it depends.

I am an Engineer/Lawyer who does a lot of Construction law work and lawsuits. I'm also from Galveston (BOI)and know those Courts.

To establish liability you have to show the Contractor was negligent and under the most recent "tort reform" rules,...
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1 Answer | Asked in Construction Law for Texas on

Q: Builder refuses to provide documents, refunds and credits due. Dragging fee on repairs. Do I sue for breach of contract?

Edward J. Kazaleh answered on Feb 26, 2014

I'm sorry you are having problems with a Builder. We do a lot of construction law and home builder cases. There is a lot of variation on how effective the people are and how well they deal honesty and we have handled dozens of Builder disputes/lawsuits.

It sounds like you may need to seek...
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1 Answer | Asked in Real Estate Law for Texas on

Q: Can Texas condominium owners be sued individually for easement by necessity due to undivided interest of common grounds

Even with the bylaws granting the Board of Directors with the power over the use of common grounds.

Edward J. Kazaleh answered on Feb 26, 2014

I've done a lot of Condo law including lawsuit against rouge Boards for individual owners. Its difficult to understand exactly what you are asking here. In most situation, there would be no reason to ever sue an individual (if I'm getting correctly) since the Common Area is owned by the... Read more »

1 Answer | Asked in Medical Malpractice for Texas on

Q: My mother Fell at hospital broke tib/fib while under hospital staff care can I sue hospital

Edward J. Kazaleh answered on Feb 26, 2014

Determining if Slip and Fall cases in Texas may be brought or could succeed is very specific to the events and what happened. Your best bet is to sit down with an Attorney and discuss the matter. To recover anything from the hospital will require proving that they were Negligent in their care and... Read more »

1 Answer | Asked in Consumer Law for Texas on

Q: How does one counter and amendment on a contract

Edward J. Kazaleh answered on Feb 26, 2014

Your question is really to open or vague to answer. Please give us more information or set up a No Fee, No Obligation free consultation by phone or email. I'd like to help you, but I don't know what to respond. If it is a real estate deal, I am also an Agent and do extensive real estate law.... Read more »

1 Answer | Asked in Business Law for Texas on

Q: Can I sue a person (not their LLC) for breach of contract based on an oral agreement to start a business with them?

Had an oral agreement to start a restaurant and split profits. Worked to get the building ready and I purchased all needed cooking equipment ~$4,000. My duties besides providing 95%+ of capital were advertising & marketing, especially online: Website, Facebook, etc. I performed and still am... Read more »

Edward J. Kazaleh answered on Feb 26, 2014

I do a lot of small business law as well as restaurants. Honestly, the biggest problem I've seen is the inevitable disputes among owners of start-ups. In this situation, you are a little behind as most of this should have been resolved in a written agreement from the start and with an Attorney... Read more »

2 Answers | Asked in Bankruptcy for Texas on

Q: I owe by dentist a balance on previous dental work, is he required to send copies of my records to new dentist.

Edward J. Kazaleh answered on Mar 9, 2014

The prior Attorney does not show as licensed in Texas and as such can not lawfully give anyone legal advice related to Texas laws.

You are by law to be provided with the medical or dental records for a small fee as set out by State law. A dentist can not withhold records or refuse to give...
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2 Answers | Asked in Bankruptcy for Texas on

Q: I won a wrongful termination suit against a texas company. i never recieved any payment and was told they filed bankrupt

Edward J. Kazaleh answered on Mar 9, 2014

Please note: according to the State of Texas Mr. Bres.... is not licensed as an Attorney at Law and can not lawful give advice or assist in legal work here. Please consult a Texas lawyer...

You need to contact the Attorney who represented you in the termination case in Texas in writing...
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2 Answers | Asked in Real Estate Law for Texas on

Q: I purchase a land from a seller when the land closed did't have a road now is a corner lot. Is this an easement?

Edward J. Kazaleh answered on Feb 26, 2014

I am a real Texas Attorney that has done thousands of acres of land development projects and handled many property transfers or purchases.

There are many things that can alter if that is a private road, public dedicated road or private easement (and who gets to use it if it is an easement)....
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