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0 Answers | Asked in Civil Litigation and Construction Law for Texas on
Q: Trying to instill a pool in my back yard but my HOA didn't approve my request.

My building setback is 10 feet and my HOA is considering a pool as a building but San Antonio doesn't consider a pool a building. Other home in my HOA have pools located within the 10 feet setback. I want to see what we can do to force my HOA to allow me to instill my pool within a 5 feet... View More

0 Answers | Asked in Construction Law and Contracts for Michigan on
Q: My husband and I would like to get out of a new home construction contract. We’ve had financial issues come up recently

And can no longer afford the mortgage. We are set to close on the house soon or we will have to pay a large sum of fees. I would like to send my contract to a real estate attorney to see if we are able to walk away without giving them any more money.

0 Answers | Asked in Construction Law and Civil Litigation for Alabama on
Q: Is there a case against construction contractor if brick ties were not used at the time of building home?

Asking for my parents whose brick is falling away from their home. A contractor came out to survey the damage and discovered brick ties were not used when the brick was laid. Is there a case against the construction contractor who built the home as the problem was recently discovered or is statute... View More

1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Small Claims for Puerto Rico on
Q: I hired a contractor to add a new roof to my house. He “ Finished “ the roof doing a horrible job resulting in leaks

He told us he was licensed merchant Naics codes 56173, 23611, 23819. The valleys on the roof was done incorrectly. He didn’t put the windows in the roof nor the balcony in the house. Called him over 3 weeks with no response and has blocked our contact. We’ve already paid him the full 20,000.... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 22, 2024

Pursuant to the Contractor Registry Law of 1995, all contractors in Puerto Rico must inscribe in the Department of Consumer Affairs' (DACO) Contractor Registry, plus maintain a performance bond of at least $15,000 to respond for deficiencies in their work.

Your attorney can file a...
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1 Answer | Asked in Construction Law for California on
Q: Roofing Contractor Failed to Get Required Inspection, Do I Need to Pay for this Work?

I hired a roofing contractor that skipped having a required tear-off inspection prior to installing new roofing materials. Dry rot was found on the roof plywood. He has now filed a mechanics lien so as to be paid for his non-inspected work. We are at impasse. A final inspection cannot be... View More

James L. Arrasmith
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answered on Nov 17, 2024

Under California law, your roofing contractor's failure to obtain required inspections may constitute a material breach of both the contract and building codes, potentially invalidating their right to full payment. California Business and Professions Code § 7090 allows the Contractors State... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Federal Crimes for Florida on
Q: is it unconstitutional to be arrested 30 yrs after a crime that you have already plead to and done your time?

My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 13, 2024

There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Kentucky on
Q: We were sold land in Spencer County, Kentucky and after the fact are being told it's zoned incorrectly.

We bought just over 8 acres of land and made plans to build a house. When we went to get our permit we were told that our land is zoned as Ag1 which has a minimum lot/tract size of 10 acres. Now the zoning department claims we have to pay to have the land rezoned as Ag2 to build on it. Is there a... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2024

No. You’ll either have to file to rezone or sue to force them to correct the zoning. Either way, it is going to cost money.

1 Answer | Asked in Construction Law for New York on
Q: I need to know if I can sue my contractor.

He has not finished painting the exterior of my house for almost 2 years.

Jonathan Kintzele
Jonathan Kintzele pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2024

I can only speak to California law, but I will confirm that as a general premise, 2 years is an extraordinarily long amount of time for a residential painting to be finished...

Owner has available the remedy of terminating the contractor and hiring a new one. That is easier said than done.

1 Answer | Asked in Banking, Civil Litigation, Construction Law and Contracts for California on
Q: How do I dispute a $40,000 charge on a backyard renovation that did not get completed as agreed per the contract?

We had a back yard renovation done in 2022. We agreed and signed to pay $40000 according to the plan and the blueprints that were written out.

The team completed the job, but upon completion we noticed they did it wrong (example, pavers on the wrong side of the property, missing a concrete... View More

James L. Arrasmith
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answered on Oct 26, 2024

Start by gathering all your documentation, including the signed contract, blueprints, photographs of the completed work, and any correspondence with the renovation company. Review the contract carefully to identify the specific terms and conditions related to the work completed and the payment... View More

1 Answer | Asked in Construction Law for Ohio on
Q: In Ohio, Can I file a mechanics lien on a company that purchased materials from us for their own use

I have a customer that is based in Texas but has a steel mill in Ohio. We are in Ohio and supplied materials to this company for repairs to the steel mill. Can a NOI or mechanics lien be done for this customer?

Bruce Martin Broyles
Bruce Martin Broyles
answered on Oct 18, 2024

Yes, within 75 days from the date materials were furnished. If owner did not record notice of commencement, then no need to provide notice of furnishing.

2 Answers | Asked in Construction Law and Legal Malpractice for Minnesota on
Q: Can a lawyer you have requested a consultation with contact the opposing counsel prior to your consultation?

We have recently had to seek new counsel due to our lawyer leaving their law firm and our case. We set up a consultation with an attorney, to find out that person went and contacted the opposing counsel and informed that person we were seeking counsel and the person also found out information as... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

On their face, I don't believe either are the disclosure of protected information or unethical. Attorneys need to see if there are any conflicts. The arbitration dates are known to dozens of people.

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1 Answer | Asked in Real Estate Law, Construction Law and Business Law for Georgia on
Q: I'm seeking help to place a lien on a property with an unpaid balance of $37,310

I'm a vendor for a painting company that handles interior painting for apartments when tenants move out. We have an outstanding balance of $37,310 with a property located at 370 Northside Dr NW, Atlanta, GA 30318.

We’ve tried reaching out through emails and visits, and all our... View More

Anthony M. Avery
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answered on Oct 10, 2024

Hire a competent GA attorney to draft and record a Materialman's Lien against the property. You also may consider suing the entity you contracted with for the debt owing. Hopefully the actual owner contracted with you. It is doubtful you will be made whole due to the expenses involved in... View More

1 Answer | Asked in Car Accidents and Construction Law for Massachusetts on
Q: I'm a superintendent on a job site during business hours a subcontractor moved my truck and crashed in to a pole.

I'm being told. I have to file a claim with my insurance company which will cause my premium to go out for the next three years even though it was on the clock shouldn't this claim go against the workers company?

Tim Akpinar
Tim Akpinar
answered on Nov 4, 2024

A Massuchusetts attorney could advise best, but your question remains open for a month. In an ideal world, things would work the way you describe, but in reality, it often depends on the scope of their coverage under their general liability. Your carrier may decide to pursue the loss against their... View More

1 Answer | Asked in Construction Law, Environmental, Land Use & Zoning and Municipal Law for California on
Q: How do I file for a Preliminary Injunction in Lake County, Ca

Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.

I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.... View More

James L. Arrasmith
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answered on Oct 8, 2024

To file for a preliminary injunction in Lake County, California, you'll need to start by preparing a legal complaint that outlines your concerns and the reasons you're seeking the injunction. Include all relevant evidence, such as photographs of the tree line and information about the... View More

1 Answer | Asked in Construction Law, Environmental and Land Use & Zoning for California on
Q: I live in Lake County,CA fire area. I Need Prelim- Injunction to stop New Builders from put WOOD Fence under Tree stand.

I partially saved my property in the inhialating 2016 Lower Lake Clayton Fire, including a Stand of 50 year old Eucalyptus Trees that line my 100 foot long driveway & property line. 6 Trees

1 acre land.

New Builders want to errect a 6 foot WOOD fence Directly Under my... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry to hear about the challenges you're facing with the new builders. To obtain a preliminary injunction, you should gather all relevant documentation, including photographs of your eucalyptus trees and the proposed fence location. This evidence will support your claim that the... View More

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: Is the home contractor who built a retaining wall responsible for repairs in Colorado for new home?

I am the investor.

Neil Sullenberger
Neil Sullenberger
answered on Oct 4, 2024

I'd need a bit more information than what's here, but with new construction in particular, this issue would typically be covered by an express warranty if construction was completed, or potentially punch list if construction is just finishing. Absent an express warranty, or if it existed... View More

1 Answer | Asked in Real Estate Law, Construction Law and Small Claims for California on
Q: Can house flippers be responsible for home repairs after the house is sold?

In 2020, we bought a house that was "flipped". There have since been so many issues with the house due to faulty construction/build. For example, the new windows leak and the deck is leaking. Is it possible to reach back to the house flipper to have him pay for repairs due to faulty... View More

James L. Arrasmith
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answered on Oct 3, 2024

In California, house flippers can be held liable for repairs if they failed to disclose known defects or if they conducted negligent or faulty construction work. If the defects, such as the leaky windows and deck, are due to poor workmanship or concealed issues that were not disclosed at the time... View More

3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: I bought a house recently and had to to some electrical work on it before I can get the power turned on, I explained to

I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and... View More

Erik A. Perez
Erik A. Perez
answered on Sep 24, 2024

This matter arguably falls under a "construction" defect claim. Florida law provides "in actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action...serve written notice of claim on the contractor, subcontractor, supplier, or design... View More

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