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Construction Law Questions & Answers
1 Answer | Asked in Construction Law and Landlord - Tenant for California on
Q: Who is liable for property damages?

In California, an apartment complex hired an outside contractor to paint the fence. The hired contractor negligently sprayed the fence without covering any cars along the fence. My truck is covered in paint overspray. The landlord is pointing fingers at the contractor to be liable, and the... View More

James L. Arrasmith
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answered on Nov 22, 2023

Under California law, the primary responsibility for damages caused by negligence typically falls on the party who directly caused the damage, in this case, the contractor. Given that the contractor admits to the negligence leading to the paint overspray on your truck, they would be the first party... View More

0 Answers | Asked in Car Accidents and Construction Law for Nevada on
Q: If I hit a small, aluminum, construction road sign that was left in the road, can I be charged?

I was driving down a dark road and an aluminum construction sign was in the right lane. I couldn’t merge left because cars were coming. I hit the sign and it flew off the road. I briefly stopped to see if it hit anybody or anything. I couldn’t see anything or hear any yelling. I then turned the... View More

1 Answer | Asked in Contracts and Construction Law for California on
Q: If you enter in to a lump sum contractor with a HUD or RD rider that limits the GC profit to 14%, but are making more.

The lump sum was based on unit price, can you ask for back up such as sub contract for the GC?

James L. Arrasmith
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answered on Nov 18, 2023

Under California law, if you have entered into a lump sum contract with a HUD or RD rider limiting the general contractor's (GC) profit to 14%, but suspect they are making more, you have certain rights to review documentation. The lump sum based on unit price should have clear, itemized... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: home builder refuses to fix foundation, lawyer said I’m outside of statute of limitations to sue (4 years), what do i do

Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims... View More

John Michael Frick
John Michael Frick
answered on Nov 27, 2023

It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of... View More

0 Answers | Asked in Contracts and Construction Law for Utah on
Q: Do I have the right to increase the cost of a project if its a long term project and the cost of materials has gone up?

I own a plumbing business. I agreed to a bid price for a job almost 2 years ago. It's a long term job, since then, the cost of materials and labor has gone up significantly. I told the customer it was going to cost an additional amount to finish the job due to my costs going up. He refused... View More

0 Answers | Asked in Contracts and Construction Law for North Carolina on
Q: Roofing company did not provide a catch all system per the contract. Are they in breach of contract?

Roofing debris was all over my yard and pool. Fence was damaged, gutters damaged. Pool was covered by us for the winter so not sure if nails have fallen into pool. Pool has a vinyl liner. I have made the roofing company aware of the issues but nothing has been done. I paid 40% down. What is my... View More

0 Answers | Asked in Construction Law for Texas on
Q: How can I get a builder to rectify the drainage issues caused by a new builder next to my existing property.

They built 3 homes last year behind mine, yard floods ever since. Builder acknowledged a repair needed to be done but would only pay for half. I don’t have that kind of money for starters and I don’t feel I should have to pay to fix a problem they caused. Do I have any ground to do anything?

0 Answers | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Tennessee on
Q: I had my basement done by AFS and complained to them about the work they did and still nothing is fixed can I sue them

Had them come out 2 times said they would fix it and nothing it cost me 32000.00 and still nothing has been done and the door they put on don't work rocks under the stuff they put down to keep the moisture out is messed up and still have moisture that has ruined my stuff I don't want to... View More

0 Answers | Asked in Construction Law for New Hampshire on
Q: Contractor quote changed and work needed changed, being overcharged / double-charged?

I received a quote - one to assess damage in my home, and one with a range of what those damages might cost to repair. Contractor arrived to assess damage, which ended up being minimal, and didn't follow the outline of the assessment and separate repair, but combined all of the work into one... View More

1 Answer | Asked in Construction Law and Gov & Administrative Law for Georgia on
Q: Hello, does § 43-14-8 (2022), H-J mean hvac contractor needs to list the company name they work for on license?
James L. Arrasmith
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answered on Nov 17, 2023

Under Georgia law, specifically § 43-14-8, HVAC contractors are subject to certain licensing requirements. While this statute outlines the general requirements and standards for HVAC contractors, it does not explicitly state that contractors must list the company name they work for on their... View More

3 Answers | Asked in Construction Law and Contracts for California on
Q: I have been sent a lawsuit threat for using design builds from a contractor business.

The lawsuit was sent as a text message and stated

“To whom this may concern,

This message is to inform you of the filing of an LLC for (JC construction) Your willful involvement in the forming of (J and C construction) is a legally binding contract and acceptance of all terms... View More

James L. Arrasmith
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answered on Nov 14, 2023

In California, the enforceability of such a claim in the text message you received is questionable. Generally, merely learning a skill or technique from someone does not create an enforceable right for them to prevent you from using that skill, especially if it's a common method in the... View More

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0 Answers | Asked in Construction Law for Texas on
Q: New construction, 2 months in, basement flooded. Same flood and water intrusion during construction. Can I sue builder

We hired a sub to construct a retaining wall after initial flood during construction, but builder says the wall is the issue and since we used our own sub, they will not cover the damages. We have proof this is not the wall, but their negligence during concrete pour and improper water proofing.... View More

1 Answer | Asked in Construction Law for Florida on
Q: Is our pool builder responsible for installation of incorrect color glass tile?

Contract signed Nov 2022. Construction began April 2023. Completion date is still unknown. Glass tiles were installed and they are the incorrect color. Tile company will replace the product fro free, but the builder wants to charge us $3K to remove the old tile and install the new tile. Builder... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 16, 2023

Typically, the contractor is responsible for ensuring the work meets the plans and specifications and scope of work for the project. This situation sounds as if this contractor is somehow trying to shift the responsibility for supervising the quality of work on you, the homeowner. Unfortunately,... View More

0 Answers | Asked in Construction Law and Real Estate Law for Mississippi on
Q: Do mechanics lien waivers need to be signed after work is completed and a paid invoice provided in MS?

I am purchasing a property and the previous owner recently hired a contractor. I want to make sure the contractor does not file a mechanics lien on the property after we purchase it.

1 Answer | Asked in Real Estate Law and Construction Law for Tennessee on
Q: I bought a home in Tennessee closed on September 29 2021. The home inspector lied about cracks in foundation.

The Retailor suggested the home inspector company Chattanooga Home Inspector. Now I am finding multiple foundation cracks that were DYI sealed.

Anthony M. Avery
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answered on Nov 13, 2023

Did seller give you a residential disclosure statement? Read it verbatim and see what it says about the foundation. 1 year SOL from fraudulent execution of statement. Hopefully agent signed it also, for an additional defendant. But you will need to track down seller: location; bank; job.... View More

0 Answers | Asked in Personal Injury, Real Estate Law and Construction Law for Oklahoma on
Q: HOA is refusing to fill hole made by drainage erosion covered by bylaws. I'm having it fixed on my own. Can I sue HOA?

Neighborhood was built by Rausch Coleman and Drainage was not installed correctly. HOA/County are currently working on suing Builders and fixing the main issue. Hole in neighbors and my yard is extremely large and getting closer to my home foundation. It is about to pull down by wooden fence as... View More

0 Answers | Asked in Business Law, Construction Law and Employment Law for Texas on
Q: My question relates to Labor Laws and whether my "employer" is in violation by retaining 50% of my income.

I am currently working in Texas, and am listed as a 1099 by my "employer". My employer has a contract with a large company to complete certain services (assembly, etc.). The company has agreed to pay a certain dollar amount for each "job" completed and lists paying me these... View More

2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Construction Law for Texas on
Q: Can I get sued by a home builder for backing out of contract because rates have gone up and my monthly payment is more?

My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then... View More

John Michael Frick
John Michael Frick
answered on Nov 10, 2023

The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads "with interest not to exceed ___ % per annum." The Buyer is usually required to apply for a loan... View More

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1 Answer | Asked in Construction Law for Florida on
Q: New Home construction sale by owner builder

In state of Florida when you build you new home construction as a owner you are required to live there for 1 year period. What happen when you have to move out during the one year period and sell before the 1 year period. Move out due to family emergency and move out completely out of Florida. What... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

Unfortunately, there is no exception in Florida statutes to the one year owner builder residency requirement for "family emergencies". The exact language of the statute provides that "proof of the sale or lease, or offering for sale or lease, of any such structure by the... View More

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