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Construction Law Questions & Answers
0 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 »

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 »

0 Answers | Asked in Construction Law, Libel & Slander and Contracts for Ohio on
Q: Can a construction company remove a window to gain access. The key on lock box was removed cause of break in previous da

We had a house fire. Hired a construction company. They started off by signing a contract which says if there is a breech of contract then we can cancel contract. We put a key in a lock box. To make this short...

We received a notification from ring someone was using it. It was last seen... Read more »

0 Answers | Asked in Construction Law for Indiana on
Q: I have invoices from 6 seperate gutter Installations that have not been paid by the contractor i did them for.

From Aug15 to Sept 5th. Can i take off the gutters on these homes instead of filing mechanics liens.

0 Answers | 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.

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 »

0 Answers | Asked in Consumer Law, Construction Law and Energy, Oil and Gas for South Carolina on
Q: Is there something that needs to be done after papers are served to someone I'm suing or is it up to the courts now?

I have a law suit against a solar panel company because they have been broken for almost a year and I'm still paying payments and high power bills. They were served papers and they never legally responded. Is there something else that I need to do or is it up to the courts now to order them... Read more »

0 Answers | Asked in Construction Law for Missouri on
Q: Do I have to let a contracting company back into my home after I discontinued buisness with them and got a lawyer?

I hired a contracting company to install my master bathroom and twice they messed up my bathroom so I discontinued business and asked for my money back for certain things per my lawyer advice. They need to pay for water damage now also. Now they want to come into my house and see for themselves... Read more »

0 Answers | Asked in Construction Law and Contracts for Georgia on
Q: Homeowner told contractor money would be ready for construction, but when construction loan was completed, work was firs

When construction loan closed, it was closed into construction/mortgage and contractor had to put up a certain amount of work before receiving any draw at all. As a business do I have to agree with this?

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 »

0 Answers | Asked in Contracts, Construction Law and Small Claims for Pennsylvania on
Q: Considering the following information, can you tell me what I need to do to collect on a judgment in my favor ?

In 2017 I won a small claim judgment in Philadelphia Municipal Court. The Defendant didn’t pay so I filed a writ of execution before the expiration of the five year allotted period to file. The Sheriff was unable to serve Defendant (No one answered the door on two attempts). The Sheriff... Read more »

0 Answers | Asked in Construction Law on
Q: Can a municipality change an ordinance to stop the construction of my campground, after I have broken ground, had plans

Plans have been drawn, county approval has been accepted

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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0 Answers | Asked in Construction Law on
Q: I bought an “unfinished” newly built home from American Legend Homes in Aurora July 2022. Cabinets are damaged

No lower shelves except in 1 cabinet; now mid-September, still nothing but “lip service” and a caring construction manager. They were unwilling to do an escrow. I feel helpless with this Texas builder/company.

0 Answers | Asked in Construction Law, Land Use & Zoning and Municipal Law on
Q: Speedbump in a 15mph area

An individual that lives in the community upon where I live recently just had the town install a speed bump in a 15 mile per hour area with no signage aside from 2 Orange cones on either side Is this legal?

0 Answers | Asked in Traffic Tickets and Construction Law for Michigan on
Q: If one road is blocked off at a 3 way intersection are you allowed to ignore the light?

In this circumstance there are two intersecting roads. On one of the roads the vehicles are no longer able to go straight due to a road block. So this would make it impossible for any cars to collide with one another even when cars from both roads are constantly moving.

0 Answers | Asked in Construction Law for California on
Q: If my contract doesn't have a certain clause in it does that make the contract unenforceable?

My contract currently states that my client has three days after the contract is signed to cancel their project for a refund. Our materials from an outside vendor take about 5-6 weeks to come in and once they did come in they were damaged. We informed the client we would replace them for her and... Read more »

0 Answers | Asked in Construction Law, Contracts and Real Estate Law on
Q: Good day, Can a Real estate Broker with whom I have a Buy Contract with put a lien on a new build home.

After understanding that our agent's commission is added on top of the actual new build construction price I decided I would work directly with builder without Agent. In recent discussion with my Agent's broker, he has stated I will have breached our Contract and possible action he could... Read more »

0 Answers | Asked in Consumer Law, Construction Law and Small Claims for Texas on
Q: Waiting on fence company to finish two electric gates since July. What rights do I have to ask for partial refund?

They installed the fence very quickly but have been promised gates will be finished but they never have been. Contract does not specify anything about installation time.

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