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Construction Law Questions & Answers
0 Answers | Asked in Construction Law and Contracts for North Carolina on
Q: I am a General Contractor performing fire damage repairs to a single family home under a turnkey M&L Lumpsum contract.

The customer is now demanding that we provide him with all receipts for all Labor and materials spent on the project. I told him that I am not required to provide such documentation. He is stating that he has spoken to his attorney and the attorney told him I am required to provide all receipts for... View More

Q: How do I appeal a wheat ridge board of adjustments decision? I’m 73, retired teacher, and cannot afford a lawyer.

I have contacted wheat ridge city planners and district 3 representative and asked for copies of the minutes and a copy of the audio recording of the hearing. (Five emails and one in person meeting.) No one has responded to me. One of the board members was acquainted with the applicant . I... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Construction Law on
Q: counter claim maintainable??

a property a purchased by a in 1970, sold by a to his sons b and c in 1980.the legal heirs of b filed suit for partition in 2012. legal heirs of c claims that b sold the property to c via agreement. suit for partition running evidenced done and for rebuttal now in 2016 legal heirs of c comes with... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information provided, it seems the legal heirs of C are attempting to introduce a new claim via counterclaim in 2016, asserting that B had sold his share of the property to C via an agreement, after the partition suit was filed by B's legal heirs in 2012.

The...
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0 Answers | Asked in Construction Law for Missouri on
Q: U.S law doesn't permit an individual to possess or engage in all types of behavior without limitation says one of yours

but yes it does when it stated no law shall be created its like that quote i said & truly the only way to be criminal is to violate someone else's liberty that's the law of united states & the liberals belief according to john lock & ect. the constitution says promote general... View More

3 Answers | Asked in Contracts, Construction Law and Small Claims for California on
Q: A client has refused to pay my closing invoice for services rendered what can I do
James L. Arrasmith
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answered on Mar 30, 2024

Under California law, if a client has refused to pay your closing invoice for services rendered, you have several steps you can take to pursue the payment owed to you. Initially, it's advisable to attempt resolving the dispute amicably by contacting the client directly to discuss the issue.... View More

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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: In the state of FL, what is the maximum late payment interest charges a contractor can charge a client for not paying on

In the state of Florida, what is the maximum late payment interest charges a contractor can charge a client for not paying on time? On top of the interest charges can a contractor add a fixed late payment monthly fee? Example 2% late payment fee penalty plus $100.00 per month

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Apr 8, 2024

Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides that no combination of... View More

2 Answers | Asked in Civil Rights, Construction Law, Small Claims and Business Law for California on
Q: So I’m a small business owner and my client refused to pay the ending balance on her invoice for $3500 what can I do
James L. Arrasmith
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answered on Mar 29, 2024

Under California law, when facing a situation where a client refuses to pay the remaining balance on an invoice, you have several avenues to consider. Initially, you should attempt to resolve the dispute amicably by communicating directly with the client. It's beneficial to review the contract... View More

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0 Answers | Asked in Real Estate Law, Construction Law and Gov & Administrative Law for Florida on
Q: Selling a home that has a bad wall

When selling my property I know I need to disclose things that I'm aware of, that's fine, but I'm in need of direction on this.

A car crashed into my home,, took the whole front took off. There's a wall that was repaired, framing added etc, not properly and not... View More

1 Answer | Asked in Construction Law and Contracts for Georgia on
Q: What does the phrase "execution" mean in a contract with a contractor?

WE have an insurance claim and our contractor's estimate is far off from the adjuster's, and what the insurance company is willing to pay. The contract states that if it is cancelled 3 days from execution then we owe %1500.00. In this instance. What does "execution" mean?... View More

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

A Georgia attorney could advise best, but your question remains open for a week. The term execution usually means to complete the formation of the contract by having necessary parties sign. But the term is also used loosely, so that some may argue that it involves carrying out the obligations. It... View More

2 Answers | Asked in Contracts, Products Liability, Real Estate Law and Construction Law for Tennessee on
Q: I bought a new home here in Crossville in August, '23. Now builder is refusing to honor 1 year warranty. What can I do?

Have had several issues come up which builder has addressed. However, he has refused to finish. For instance, house is settling which caused doors to not close properly and a crack in an interior wall. He fixed doors, but has not fixed the crack. Also, there is a retaining wall in our front yard... View More

Anthony M. Avery
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answered on Mar 27, 2024

Hire a lawyer to sue on the warranty all liable parties.

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1 Answer | Asked in Construction Law and Contracts for Tennessee on
Q: Can a company ask me to do more than what stated on the contract then threaten to hit me with a chargeback.

I'm in contractor by trade. I install sunrooms for this contract. Sometimes when I install sunrooms there's more work then installing a sunroom. This particular contract stated that the sunroom needed insulated tongue and groove flooring. I installed insulation and T&G flooring,... View More

Henry Ambrose
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answered on Apr 8, 2024

If you did not receive instruction to install the 1/4" board, I don't see that you are at fault. I'm guessing they are refusing to pay you for your work. If they do this, call a lawyer who practices construction law in your area.

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: What options do I have against a roofer who has replaced a roof and the workmanship is not up to industry standards?

We had our roof replaced 9 months ago and once it was finished, we paid what we owed based on the contract. After a few weeks we realized the work that had been done was not what we agreed upon. They replaced the roof again, then we found more issues on one section of the roof. They replaced just... View More

Nicholas P. Weiss
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answered on Mar 21, 2024

You likely have a claim under Ohio's consumer sales practices act for an unconscionable practice. Contact a consumer attorney.

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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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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2 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?

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2024

A Tennessee attorney could advise best, but your question remains open for three weeks. Attorneys here aren't likely to know this off the top of their heads. It might be more reliable to check with the purchasing/procurement department manager of the county - it could depend on how they wrote... View More

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1 Answer | 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

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your situation with the toxic living environment. To answer your questions:

The specific form to file a Plaintiff's Complaint in Circuit Court will depend on your state and county. Many states have standard complaint forms available on the court's...
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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

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

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