Lawyers, Answer Questions  & Get Points Log In
Construction Law Questions & Answers
0 Answers | Asked in Real Estate Law and Construction Law on
Q: I have received an AZ Preliminary 20 day lien notice for 25,000. It is incorrect, what do I do?

This is a 203 K renovation loan. The GC started work in Oct and has already drawn funds 3 times totaling approx 58,000. He has one more draw when he finishes for approx 6,000. I received the notice less than a week ago regular mail. He is supposed to be done June 6 but I don't think he... Read more »

0 Answers | Asked in Construction Law for Missouri on
Q: i had a contractor do some work without a contract but everything through text messages and payment through check

I have to have some work redone and asked for money back and he told me we didn't have a contract

1 Answer | Asked in Civil Litigation and Construction Law for Massachusetts on
Q: Signed contract in Oct 2021 with two contractors (partners) for home addition. No timeline specified.

One contractor (construction supervisor) show up only on several occasions, did not supervise subcontractors and did shoddy work. Had to let him go and take over the building permit myself. His partner has been trying to make good but has informed me he probably cannot finish the job. I have... Read more »

Christopher Tolley
Christopher Tolley
answered on Jun 1, 2023

If you feel the partners will not pay and you do not trust them to finish the work, it may be time to complete the work by hiring someone else and consult a lawyer about collecting the completion costs. You would argue the partners have breached the contract and that you are entitled to damages in... Read more »

2 Answers | Asked in Contracts and Construction Law for California on
Q: I had my house repainted; after 15mths the paint is peeling off most windows. How long is the implied warrantee in CA?

In checking on this, I've discovered that the contractor has a valid contractors license, but the manager/salesperson (daughter of owner) does not. Does that matter? Is there an additional vulnerability on their part due to this? She managed the entire job, from proposal to execution to... Read more »

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

In California, there is an implied warranty of habitability that applies to housing, but specific warranty periods for issues like peeling paint may vary. It would be advisable to consult with an attorney who specializes in construction or real estate law to determine the applicable warranty period... Read more »

View More Answers

0 Answers | Asked in Construction Law for Washington on
Q: On my way to work my windshield was pelted with small rocks from a dump truck. The company refuses to pay for damages.

The rocks didn't have a cover on them. The company said I would need a dash cam to prove the rocks came out of the truck and not off the road. The cars in front of me changed lanes and I'm sure it was raining rocks on them also that's why they switched lanes.

3 Answers | Asked in Constitutional Law and Construction Law for California on
Q: 1st Amendment violation when courts don't make available ALL crim court hearings to out of state residents via audiofeed

My 26 year old daughter, mother of three girls, 8,6,3, was arrested in San Luis Obispo County, California April 6 for 3 felony counts of PC237 A(A), along with her boyfriend whom she shares the youngest child. I am her mother, and I live and work full-time in Alaska. I hold a Bachelor of Science... Read more »

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

It is possible that the court's decision to not make available all criminal court hearings to out of state residents via audio feed could be a violation of the First Amendment. The First Amendment protects the right to freedom of speech, which includes the right to attend public hearings. If... Read more »

View More Answers

0 Answers | Asked in Construction Law for Idaho on
Q: An invalid mechanics lien was filed against us. It is invalid for three reasons. Can we sue the attorney for malpractice

The lien was filed in Idaho. It is invalid because it was not done under oath, we don’t owe any money, so the amount is incorrect for several reasons, and the contractor never provided the pre lien residential disclosure notice, required by Idaho statute. Can we sue their attorney for malpractice?

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Georgia on
Q: My neighbor recently graded and cut trees down on my property. Do I need to file a civil suit

My neighbor recently graded and cleared a lot next to my property, and in doing so he also graded approximately 75- 100 feet over the property line onto my property. How do you estimate the damage in a dollar amount and how should I proceed to get a settlement?

Jennifer Pierce
Jennifer Pierce
answered on Jun 1, 2023

Based on the facts provided, there may be multiple causes of action that would give rise to damages. The amount of damages would be dependent on many factors, including any devaluation of the property. I recommend that you consult with an attorney experienced real property litigation.

1 Answer | Asked in Consumer Law and Construction Law for Colorado on
Q: Hello I hired a contractor to demolish a trailer and haul it to the landfill about 1 year and 8 months ago.

He charged me $3,000 and asked for cash I paid it. Then I hired him to install a water line he asked for $5,000 down out of the $8k bid to install. it took him 1yr 8mo to finish I assumed I only owe him $3k but he just sent me an invoice asking for $6k more for the water line and $3k more for the... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You spent $8,000 with a contractor on a verbal agreement? It's worth the paper it is written upon. You should contact your state contractor licensing board, because they may have requirements that contracts over a certain amount are required to be in writing, if the contractor failed to do... Read more »

1 Answer | Asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida on
Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: Can a sub-contracted electrician be sued for shoddy and dangerous wiring of a home? We keep finding problems and hazards

The sub-contractor was brought onto the job because he “needed work”. His duty was to rough in all electrical work. We are finding loose wires that are hot, wires that do not go to anything, and overloaded breakers caused by too many lights/receptacles on a circuit. We are now paying another... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

Legally, yes you can sue the original electrician for not performing his work in a good and workmanlike manner.

But I would be very skeptical about the electrician having non-exempt assets from which you may be able to collect any judgment based on your statement that “he needed work.”...
Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: Who do you sue if you have a new build house (1 1/2 yrs) that, since day one has had major issues, foundation,

Water leakage, sewer issues, window casings cracking out. All documented emails, pictures and work done so far.

John Michael Frick
John Michael Frick
answered on May 24, 2023

Common defendants in such a lawsuit include the builder, the soils engineer, the foundation design engineer, the foundation subcontractor who built the foundation, and the landscape design engineer who designed the landscaping.

It really depends upon what your structural engineer expert...
Read more »

0 Answers | Asked in Civil Litigation, Construction Law, Criminal Law and Environmental for Arkansas on
Q: I need to know what my options are and what laws the farmer violated?

In July of 2021 I purchased an old school building from an auction website A farmer owned it and he was aware that it contained alot of asbestos and didn't disclose this information. I was ignorant about asbestos or the dangers of it because the ordeal was before my time. My friend who was... Read more »

0 Answers | Asked in Real Estate Law, Civil Litigation and Construction Law for Idaho on
Q: Does Idaho's NORA apply to the structure itself or the septic system installed on the property?

We had a home built in Idaho in 2018 and our septic system has failed completely. When digging to find the nature of the failure we discovered that the system was installed illegally without a permit issued. The health department wWeill not help us and now we have to pay to replace the system and... Read more »

2 Answers | Asked in Construction Law, Small Claims and Municipal Law for California on
Q: Hello, One of my neighbor's and I had been discussing the need to repair the fence between us. The damage was caused

by the tree on their side of the fence. It pulled up the cement and tilted one of the posts. I have photos of the damage and the tree. I had lined up someone to come give an estimate. I have email exchanges. The last we left it, she was going to coordinate the cement work with when I had the... Read more »

Adam Stoddard
Adam Stoddard
answered on May 19, 2023

You should refer to California Civil Code Section 841 which addresses homeowner's responsibilities and rights when it comes to fence repair with adjoining neighbors. You could just tell them to pound sand, but that wouldn't be very neighborly. I would suggest explaining what you said... Read more »

View More Answers

0 Answers | Asked in Real Estate Law and Construction Law for Washington on
Q: New home construction. Discovered the sewer line has a belly of 20'. Can we go after the construction group for repair?

Built in 2019, purchased in March 2020. This line was discovered to be 1/2 full during an inspection and the belly existing under the driveway out to the main sewer of 20' belly in a 80' length. There is no way we would have known this upon purchase, and most likely occurred during... Read more »

2 Answers | Asked in Contracts and Construction Law for New Jersey on
Q: Pool company sub-contracted excavation work - who damaged pavers, contract states pool company is not responsible?

Excavators, electricians, masons all have damaged our property- the pool company continues to reference the contract which states they are not responsible for any third party work, can this be possible for them not to take any responsibility?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2023

It is extreme rare for any type of home improvement contract to comply with the NJ Home Improvement Contractor Act and frequently the Statute of Frauds and the Consumer Fraud Act (which provides for triple damages plus attorney fees. A Judge will decide who is responsible. No matter what the... Read more »

View More Answers

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