Ask a Question

Get free answers to your Construction Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Construction Law Questions & Answers
0 Answers | Asked in Insurance Defense, Construction Law, Landlord - Tenant and Real Estate Law for New Mexico on
Q: Insurance refusing payment for roof claim, citing incorrect measurements. What recourse in New Mexico?

I had a roof installed, and the insurance company initially approved the claim and negotiated directly with the roofing company. However, they are now refusing to pay the final balance, arguing that the measurements are wrong, despite having sent an independent adjustor to measure the roof back in... View More

0 Answers | Asked in Construction Law, Contracts and Real Estate Law for Virginia on
Q: How can I enforce a floor repair warranty in Virginia?

I hired a contractor to repair my floor, but the results have been unsatisfactory. The floor is sagging, despite their attempts to fix it twice. I signed a contract that includes a warranty for satisfactory work. My last contact with the contractor was on February 15, and since then, they... View More

0 Answers | Asked in Construction Law, Appeals / Appellate Law, Civil Litigation and Real Estate Law for Illinois on
Q: Can an attorney on record not be notified of continuing proceedings after a judgment, and can I stop a warrant issued due to missed court appearances?

I was found liable on a construction contract and ordered to pay. Although I had an attorney, and my business—a corporation—wasn't operational before the judgment was entered, I was not aware of the progression to the discovery of assets phase until I was served. Due to health issues, I... View More

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for Pennsylvania on
Q: Issues with contractor on sunroom and deck construction, seeking legal advice in PA.

I hired a contractor to build a sunroom and deck in April 2024 according to a written agreement. However, the project was not completed up to code. There are issues such as improperly installed windows and flooring, a leaking roof, a required new French drain, a cracking ceiling, loose siding, and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

You should consult a construction or contract lawyer to address the issues with your contractor. These types of lawyers handle disputes related to construction projects, including non-compliance with contracts, faulty workmanship, and failure to meet building codes. They can guide you through your... View More

1 Answer | Asked in Construction Law and Real Estate Law for Connecticut on
Q: Dismiss mechanic's lien due to contractor leaving materials

I am looking to dismiss a mechanic's lien placed on my property in Connecticut. The last work was done on July 16, 2024, and the lien was placed in November 2024. The contractor claims they left materials (including a wheelbarrow, scaffolding, and tarps) on the property within the 90 days... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

It seems that the mechanic's lien in your case may be disputable. In Connecticut, a mechanic's lien can be filed if work is done or materials are provided to a property. However, since your contract specifies that you are responsible for purchasing materials, and the items left behind... View More

1 Answer | Asked in Contracts, Construction Law and Real Estate Law for Wisconsin on
Q: How to cancel window installation if roof is leaking under contract?

I have a contract with a company for a new roof and windows, both of which are already paid for. The roof was installed late last summer, but it is leaking. I have contacted the company, and they are working on resolving the roof issue. However, they say I cannot cancel the windows, which have not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

That sounds like a frustrating situation, especially after already paying in full. In Wisconsin, canceling a contract like this can be tricky if the windows were part of the same agreement as the roof, unless the contract includes specific cancellation terms. Since the roof is leaking and they’re... View More

1 Answer | Asked in Education Law, Gov & Administrative Law, Construction Law and Real Estate Law for Texas on
Q: Clarification on Texas Education Code Chapter 44 and ESBD posting requirements for charter schools.

I work with a charter school and am seeking clarification on compliance with the Texas Education Code Chapter 44, particularly related to the Electronic State Business Daily (ESBD) posting requirements for procurements over $25,000 using public funds. We have not faced compliance issues in the past... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

Under the Texas Education Code Chapter 44, charter schools are required to follow specific procurement rules when spending public funds. For procurements over $25,000, the law mandates that these opportunities be posted on the Electronic State Business Daily (ESBD), which is the state’s online... View More

2 Answers | Asked in Construction Law, Criminal Law, Civil Litigation and Real Estate Law for Kentucky on
Q: Can I be charged with theft by deception after paying a contractor?

I hired a contractor without a written contract, and after he failed to follow instructions and took trees from my property, I decided not to proceed with further work. I informed him via text that I would deduct damages and the value of the trees from the payment. Despite offering to meet and... View More

Timothy Denison
Timothy Denison
answered on Apr 7, 2025

No. You cannot be charged. It is a civil matter.

View More Answers

3 Answers | Asked in Construction Law, Employment Law and Real Estate Law for California on
Q: When does travel time pay start for construction workers driving a company vehicle?

I work in construction and we're required to meet at the shop to pick up coworkers and drive to the job site in a company vehicle. At what point do we start getting paid for travel time?

Neil Pedersen
Neil Pedersen
answered on Apr 3, 2025

At the time you are required to arrive at the shop to pick up the work vehicle. The fact you are driving a company vehicle does not change the rules regarding when you start your workday. Good luck to you.

View More Answers

Q: Seeking an attorney to appeal a default judgment for alleged incorrectly done work on a house.

I completed work on a house in June 2024 following all code requirements. However, I'm being sued by the homeowner who claims I didn't do the work correctly. The court ruled against me by default judgment without my knowledge, as they accepted the opposing attorney's attempts to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

If a default judgment was entered against you without your knowledge, you may be able to file a motion to set aside the judgment, especially if you can show you were not properly notified of the court proceedings. The first step is to gather all documents related to the case, including the default... View More

2 Answers | Asked in Construction Law, Real Estate Law and Contracts for Kentucky on
Q: How to contest a mechanics lien without a contract or proper invoice?

I'm seeking guidance on how to contest a preliminary mechanics lien that a contractor filed against my property for $12,000. The contractor was referred by an acquaintance last May, and recently, he moved a camper - damaging it in the process - and removed many trees from my property despite... View More

Timothy Denison
Timothy Denison
answered on Apr 2, 2025

You will have to file suit against the contractor to quiet title. Lack of documents is detrimental to his case, not your case.

View More Answers

2 Answers | Asked in Contracts, Construction Law and Real Estate Law for Alabama on
Q: Do I have a case for breach of contract?

Non supportive wall between garage slab between crawl space was leaning and was supposed to be fixed. We are now having the whole wall fixed because it was not fixed. There was supposed to be a shut off valve put in on the hot water heater that was not put on

James Blount Griffin
James Blount Griffin
answered on Mar 31, 2025

To win a breach of contract case, you need to be able to prove that the contractor violated either a specific clause of the contract or a warranty, express or implied. Next, you need to look at the contract and see if there is an arbitration clause, which would mean that if you claim breach of... View More

View More Answers

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for Texas on
Q: Am I liable for a lien placed after I sold the house when contractor affirmed no debt?

I sold a house in the middle of renovation to another investor last year. Before selling, I informed the contractor to cease all work, and they verbally confirmed that no money was owed. We had a draw payment schedule in the original contract, but no formal agreement to stop the work, only verbal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

That sounds incredibly frustrating, especially when you believed everything was settled before the sale. In Texas, a contractor generally has the right to file a mechanic’s lien for unpaid labor or materials, but they must follow strict deadlines and notice requirements. If the contractor told... View More

1 Answer | Asked in Business Law, Contracts, Construction Law and Real Estate Law for Delaware on
Q: Need review of marketing retainer agreement for construction client, ensure compliance with Delaware law, ASAP by today.

I've drafted a 5-page marketing retainer agreement for a construction client and need a business law attorney to review it for compliance with Delaware law. The agreement needs a full review and any necessary tweaks to ensure it is legally sound and complies with all relevant legal standards.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

It sounds like you're under a tight deadline, and it's important that your marketing retainer agreement is solid—especially when it’s part of a proposal for a construction client. Since Delaware has its own specific standards for contract enforceability and business arrangements, a... View More

2 Answers | Asked in Construction Law, Civil Litigation, Business Law and Real Estate Law for California on
Q: Am I entitled to a larger percentage in a class action settlement as the second homeowner?

I am involved in a class action lawsuit against the builder as the second owner of my house. The lawyer mentioned that the distribution of any settlement would be 80% to the first owner and 20% to me as the second owner. Am I entitled to a larger percentage, and what factors might influence this... View More

George W. Wolff
PREMIUM
George W. Wolff
answered on Mar 28, 2025

Yes, possibly.

If the same lawyer is representing both the new and old owner he may have a conflict of interest and should not be deciding how much you should get!!

If that is the case, you should immediately seek independent legal advice from a separate construction attorney !!!!!!!

View More Answers

Q: Would taking a job offer breach my noncompete agreement in Florida?

I work as a full-time salaried employee for a large construction company in Florida. The contract between my employer and the project owner was terminated with cause before completion, and they are headed to arbitration. Currently, they do not have a project for me to work on, and although... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

That’s an incredibly frustrating position to be in—essentially stuck in limbo without pay, guidance, or support from your employer. In Florida, noncompete agreements are enforceable, but only if they protect legitimate business interests and are reasonable in scope, geography, and duration. If... View More

1 Answer | Asked in Construction Law, Civil Litigation and Real Estate Law for North Carolina on
Q: Can I sue my builder for faulty roof construction damages?

I want to know if I can sue my builder for damages from a faulty roof construction on my 5-year-old home. The roof had incorrect underlayment installed for a metal roof, leading to rotted wood and ceiling water damage in two locations. The warranty states 1 year for cosmetic issues and 7 years for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

You may have grounds to sue your builder for faulty roof construction, especially if the damage to your roof is caused by issues that fall under structural defects, which are covered by the 7-year warranty. The fact that the roof had improper underlayment installed and is causing water damage could... View More

2 Answers | Asked in Construction Law, Personal Injury and Real Estate Law for Wisconsin on
Q: Can I sue for injuries from falling into a trench on a construction site with exposed rebar?

I fell into a trench on a construction site where underground wiring work was being done, and an exposed rebar punctured my left leg. There were no warning signs, barriers, or ropes around the trench. The rebar pierced my left knee, went in about 4-5 inches, and hit my superficial femoral artery. I... View More

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2025

A Wisconsin attorney could advise best, but your question remains open for a week. It could depend on a number of factors, such as your capacity there, what you were doing, whether the site was complying with safety protocols, etc. I'm sorry about your injuries, but if you approached a law... View More

View More Answers

1 Answer | Asked in Construction Law, Civil Litigation and Real Estate Law for Florida on
Q: Received Notice to Owner, no work done on new house, what to do?

I received a Notice to Owner from Maschmeyer Concrete of Florida, but I haven't had any work done on my new construction house or plan to. I bought the house in August 2023, and there hasn't been any communication with the company. I confirmed the address on the notice matches my home.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Receiving a Notice to Owner can be confusing, especially if you haven't had any work done by the company. The Notice to Owner is often sent by subcontractors or suppliers to inform property owners that they may be entitled to payment for work or materials provided on a construction project.... View More

1 Answer | Asked in Construction Law, Consumer Law, Personal Injury and Real Estate Law for Tennessee on
Q: Contractor didn't pull permits or honor warranty; work not to code. What can I do?

I hired a licensed and bonded contractor less than a year ago, but he did not pull the required permits as stated in our contract. He also refuses to honor the year warranty for his work despite multiple issues. There is a shower pan leak on the second floor causing damage to the first floor and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

Given the issues you've outlined, it's clear the contractor has failed to meet the terms of your contract, including pulling the required permits and honoring the warranty. Since the work was not done to code, this could lead to safety concerns and further damage, especially with the... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.