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Construction Law Questions & Answers
2 Answers | Asked in Land Use & Zoning, Real Estate Law, Contracts and Construction Law for Texas on
Q: What can I file saying that my neighbor agrees to let me put a business sign on their property?

The neighbor is also a business. It's in an unincorporated zone in Llano Tx, so there are no sign permits. The official property lines on the Land Title are like 3-4 ft off so everyone's lot is technically overlapping.

John Michael Frick
John Michael Frick
answered on Mar 15, 2024

Signage easement.

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0 Answers | Asked in Agricultural Law, Construction Law and Environmental on
Q: If a township ordnance exceeds state law, doesn't it revert back to the last usable ordnance .

state statue says my property is eligible for agriculture under 1964 tax laws. They granted me farm assessment 2 years ago. The township then said I needed a use variance for and agriculture building that complies with state agricultural laws. I disputed the zoning officers decision in a township... View More

1 Answer | Asked in Business Law, Collections and Construction Law for Texas on
Q: Is a Texas City entity required to act as surety for sub-contractors on projects under $50,000 with no Bond in place?

City of Princeton, TX awarded a contract for $49,720 (no bond required) to their vendor. The vendor hired my company to do the whole wireless project for $45,500. We completed the project and provided all the hardware. The city paid the vendor, the vendor has refused to pay us. The city claims they... View More

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

No, a city is not required to act as surety for subcontractors. You have a valid cause of action for breach of contract against the person or entity you contracted with.

There are numerous things that could be in that subcontract to protect you from that person being paid by the City and...
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0 Answers | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Missouri on
Q: I bought a new construction home 1 year ago. The land directly behind the house is open. A new developer is planning

to build low income apartments. 60 units. Is there any action we can take to stop the new construction of these apartments? the land is land locked as well. This new neighborhood would have to use my subdivisions entrance to gain access. Any remedies to stop this build?

0 Answers | Asked in Consumer Law and Construction Law for North Carolina on
Q: HiredRoofer.Paid him. 5mos no roof.Oral Contract. His LLCcompany Admin Dissolved when we hired him and now.Type of atty?

Had storms from 11/22.12 other neighbors had wind damage.Saw small leak in attic.Decided to call referred roofer from neighbors'(12) referrals.He did inspection of roof 6/23. Found wind damage. Showed us damage shingle.Insurance denied claim-said that it was vandalism(which it... View More

0 Answers | Asked in Business Law, Construction Law, Contracts and Government Contracts for Tennessee on
Q: Do I need a contractors license to bid on a contract in TN if I am only providing materials?

I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?

0 Answers | Asked in Consumer Law, Civil Litigation, Construction Law and Landlord - Tenant on
Q: What form do I use to file a "Plaintiff's Complaint in Circuit Court"

What form do I use to file a "Plaintiff's Complaint in Circuit Court" after my Small Claim filing is switched to Regular Civil Docket of Circuit Court? And is there anyone available and willing to help me stop more tenants from getting sick or losing $1000's in personal property... View More

0 Answers | Asked in Construction Law and Real Estate Law for Washington on
Q: Can a general contractor claim a lien on my home if I do not pay an invoice he sent for his time making a bid?

He is saying we agreed to his hourly rate when we requested a consultation, but he billed us 5 hours after the home consultation.

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: PLACING A LIEN AGAINST A CONTRACTORS BUSINESS

I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.

If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the...
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1 Answer | Asked in Construction Law for California on
Q: Construction Law Litigation I am a homeowner and the plaintiff on a residential construction defect in California.

The contractor brought in all the subcontractors into the case.

Do I need to deal directly with the subcontractors or just with the contractor’s personal attorney and his insurance attorney?

James L. Arrasmith
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answered on Mar 8, 2024

In a residential construction defect case in California where the general contractor has brought in subcontractors as cross-defendants, you will primarily deal with the contractor's personal attorney and their insurance attorney. However, there may be instances where you or your attorney will... View More

0 Answers | Asked in Contracts and Construction Law for Florida on
Q: Do you provide answers regarding contractors and elderly folks in Florida? Thank you.

We hired a roofing contractor to replace our roof in Sarasota County Florida. After the roof was installed, we noticed a stain on the ceiling in the kitchen after a heavy storm, that was not there before the roof was installed. We have been going back and forth with the roofer and they insist the... View More

0 Answers | Asked in Construction Law and Real Estate Law for Oregon on
Q: In a new construction residential real estate sale transaction in Oregon, the seller is required to have a contractors

License or developers license. If they do not have such a license, what risks are the buyers exposed to?

0 Answers | Asked in Real Estate Law and Construction Law for Kansas on
Q: If I bought a house from a restoration company and now the house seems to be poorly done and falling apart can I sue

I bought the house without an inspection because of my own mistake in knowledge and fha cleared it for a loan. Now it seems to almost falling apart at the seams. It seems extremely poorly restored and I’m afraid for me and my family. Do I have a legal reason to sue the restoration company?

1 Answer | Asked in Contracts, Banking and Construction Law for Colorado on
Q: I wrote out a painting bid proposal sheet and gave an estimate for work.to.be preformed. The bid asked for half pay

To start upon acceptance of bid. They called my business associate and said they accepted the proposal he then went down and got a check from the bank that wrote and signed the proposal for. He took the money and for the wro.g equipment for the job and pelht the rest of his money towards his... View More

James L. Arrasmith
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answered on Mar 2, 2024

When a bid for a painting job is accepted and payment is made, the expectation is that the funds will be used as agreed upon - to cover expenses related to the job, such as purchasing the right equipment and materials necessary to complete the work. Misappropriating these funds, especially for... View More

1 Answer | Asked in Contracts, Banking, Construction Law and Business Law for Colorado on
Q: I wrote out a painting bid proposal sheet and gave an estimate for work.to.be preformed. The bid asked for half pay

To start upon acceptance of bid. They called my business associate and said they accepted the proposal he then went down and got a check from the bank that wrote and signed the proposal for. He took the money and for the wro.g equipment for the job and pelht the rest of his money towards his... View More

James L. Arrasmith
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answered on Mar 2, 2024

In the situation you've described, where a business associate accepted a payment on behalf of your business for a painting job and then misused those funds, several legal and ethical issues are at play. Once a bid is accepted and a payment is made, the funds should be used as agreed upon in... View More

0 Answers | Asked in Construction Law and Landlord - Tenant for Florida on
Q: They are building a new complex next to mine, the Construction often starts at 5am. I don't want to pay my full rent.

It's been going on for nearly 2 years now. Theres always dust in my apt, i cant ooen the windows etc. BUT Since the holidays they have been starting Construction at 5am a few times per week. Other tenants here have called the police but it still happens. I have videos and photos of the... View More

1 Answer | Asked in Contracts and Construction Law for Maryland on
Q: What does MHIC guaranty fund pay for?

Concrete sidewalk/steps/handrails installed - paid in full $3900. MAJOR issues with the work and home inspection deemed all of work unsafe. Every other contractor said all concrete had to be removed and redone - basically start from scratch. Total paid to redo - $7100. Filed claim and have... View More

Mark Oakley
Mark Oakley
answered on Mar 2, 2024

The regulations governing the adjudication of claims against the Guaranty Fund specify the formulas to be used by the Commission when calculating an award for actual loss from the Guaranty Fund:

Unless it determines that a particular claim requires a unique measurement, the Commission shall...
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1 Answer | Asked in Contracts and Construction Law for Tennessee on
Q: Got bill from a contractor, 8 days later was served a summons to appear for lawsuit for nonpayment.

Already paid 50% deposit, thought it couldn't be more than 33%, only 2nd bill i received. Work was not acceptable & couldn't come to agreement of how to fix. This is in Hamilton county TN getting sued for nonpayment $2200 already paid $2200. Thought i had to be notified by certified... View More

Anthony M. Avery
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answered on Feb 29, 2024

Hire a TN attorney to represent you now. A Default Judgment will be alot more, and presenting defenses to a debt in Sessions Court can be confusing.

0 Answers | Asked in Construction Law for Texas on
Q: Latent defect of main condensation line left inside main support beam to rot.

Home ins finding, structural engineer report, two separate HAVC findings report of damage created by latent defect. Main condensation line drilled and left inside structural support that has rotted out beam. Installer claiming statue of limitations.

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