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0 Answers | Asked in Construction Law, Consumer Law and Civil Litigation for Virginia on
Q: Recourse in VA for unlicensed contractor not finishing job?

In the state of Virginia, an unlicensed contractor took $18,800 from me for home repair work, leaving $1,500 worth of work unfinished despite having written agreements specifying what was to be done. After contacting the contractor about a hole left in the outside of my house that was part of the... View More

0 Answers | Asked in Construction Law, Contracts and Business Law for Florida on
Q: Can I request a refund after Presidential Pools' ownership change affects service progress?

I signed a pool construction contract with Presidential Pools in Orlando, FL, in October 2024. They initially promised permits in 6-8 weeks and completion by April, but there's been no progress or communication. I've discovered the business is being sold, and their reviews have declined.... View More

1 Answer | Asked in Construction Law, Arbitration / Mediation Law and Contracts for Florida on
Q: Advice needed on contractor breach and arbitration in a fixed-price renovation contract in Florida.

I have a fixed-price construction contract in Florida for a $78K renovation. We signed it several months ago, and permits were just obtained three weeks ago. Now, the contractor demands an additional $22K due to increased subcontractor costs and refuses to proceed unless I agree, despite the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 13, 2025

1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.

2. What...
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1 Answer | Asked in Contracts and Construction Law for Tennessee on
Q: How long is a contractor liable for faulty roofing in TN?

I had roofing work subcontracted with a one-year warranty, which was completed in August 2023. I've noticed a leak issue in January 2025. How long after the job is completed can the contractor be held liable for faulty installation in this scenario?

Anthony M. Avery
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answered on Mar 7, 2025

It sounds like you contractually agreed to a 1 year SOL. Otherwise damage to property has a 3 year SOL. You are going to have alot of problems suing a subcontractor in any event, but you might look at General Sessions Court. Determining the defendant may be difficult. Try to hire an attorney.

1 Answer | Asked in Construction Law and Contracts for California on
Q: Who's responsible for shower remodel redo costs?

I had a shower remodeled by a company, and upon completion last month, there were multiple issues such as poorly installed grout, uneven tiles, and problems with the integrity of the shower pan. We have a written contract with a warranty. Despite addressing these issues with the original company... View More

James L. Arrasmith
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answered on Mar 6, 2025

In this situation, the original contractor is likely responsible for the costs of redoing the shower. When you have a written contract with a warranty that covers workmanship, the contractor has an obligation to deliver quality work that meets industry standards. Poor grout installation, uneven... View More

2 Answers | Asked in Construction Law and Civil Litigation for California on
Q: How to address a potentially fraudulent mechanic's lien in California?

I am facing a situation where a licensed contractor, with whom I have never had any transactions, filed a mechanic's lien on my customer's property for foundation work. The work was completed by an unlicensed contractor, who requested a change order after the fact, communicated through... View More

George W. Wolff
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George W. Wolff
answered on Mar 1, 2025

You could potentially sue for an injunction or to try to get your money back.

Why did you pay him if you suspected it was fraudulent?

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1 Answer | Asked in Contracts and Construction Law for Virginia on
Q: Should I sign a lien waiver without payment in VA?

I completed a job for a company in Virginia, and they want me to sign a final lien waiver. The contract incorrectly states that I have been paid, but I haven't received any payment yet. They advised me to send a copy of the notarized contract, and they will send the check. Once received,... View More

Steven Krieger
Steven Krieger
answered on Feb 25, 2025

Absolutely not. You can sign the waiver at the same time as payment, but once you sign, you lose your main leverage to get the payment. If you decide to retain a firm to assist, I'm sure anyone who responds would be happy to help.

1 Answer | Asked in Construction Law, Civil Litigation and Contracts for Florida on
Q: Should I sue a contractor for mold and buckling vinyl after subfloor replacement?

I had a contractor replace water-damaged subflooring in February 2024. In November 2024, the vinyl flooring they installed above it began to buckle, prompting me to call them back. During their inspection, mold was discovered in the area they worked on. The written agreement specified replacing... View More

Erik A. Perez
Erik A. Perez
answered on Feb 24, 2025

You may want to verify the cause of this damage before filing any lawsuit. It will likely require you to hire an engineer or leak detection company to identify where the water came from and why there was a leak. Thereafter, if you can prove that the contractor's actions caused this leak and in... View More

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Criminal Law for California on
Q: Contractor used another's license; incomplete work and injury claim. How to recover money in CA?

I hired a contractor to build an ADU at my house and paid him over 45% of the total cost. He completed only about 12% of the work before abandoning the project. When I asked for a refund, he claimed he was injured while working on my property. We have a well-written agreement stating that the... View More

James L. Arrasmith
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answered on Feb 21, 2025

You have several strong legal options due to multiple violations of California contractor laws. The contractor's use of another person's license is a serious offense that could result in criminal charges, and it significantly strengthens your position for recovery.

Your first step...
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1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Personal Injury for Massachusetts on
Q: Legal actions against contractor for unfinished work in Lynn, MA

I hired a contractor in March 2022 for a project in Lynn, MA, and paid $175,000 of the contracted $180,000. The contractor failed to complete the kitchen renovation and other work, resulting in water damage estimated at $25,000 and charging $20,000 for an unfinished kitchen. Despite attempts to... View More

Christopher Tolley
Christopher Tolley
answered on Feb 20, 2025

I assume you have spoken to him and made demand on him and asking for the money or the work to be corrected has been fruitless. You will have to seek the services of an attorney to pursue him legally. You may be able to obtain partial relief from the Massachusetts guaranty fund:... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Construction Law and Land Use & Zoning for New York on
Q: I just got a provision of law 28-105.1 complaint requesting for corrective action. Can I ignore it if I’m the owner?

I just got a provision of law 28-105.1 complaint requesting for corrective action. Due to alter my house without a permit. Can I ignore this request? Like I’m living it the house and I own the house would there be any future issues? The change was enclosing my front porch with walls for another... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 26, 2025

Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More

1 Answer | Asked in Business Law, Contracts and Construction Law for Texas on
Q: How can I get paid for HVAC work after nursing homes were sold without notice?

I performed HVAC work for two nursing homes between May 2024 and August 2024. Although I don't have a written contract, I have text messages from the maintenance admin requesting my services. The nursing homes were sold, and I have been informed that my payment is on hold until the lender... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2025

As a contractor, you can file a lawsuit seeking payment and foreclosure on your mechanics lien You should also send a copy of your recorded lien affidavit to the buyer and its lender.

2 Answers | Asked in Construction Law, Small Claims and Contracts for California on
Q: How to serve unreachable contractor in small claims court?

I hired a contractor to work on my house, but he stopped showing up and doesn't respond to my calls or messages. I have a written contract and I've made four payments by check. I've filled out forms to sue him in small claims court, but I'm unsure how to "serve" him... View More

Robert Kane
Robert Kane
answered on Feb 13, 2025

Ultimately, a judge could allow service by publication. As a practical matter, you should exhaust all resources to locate and personally serve them. A default judgment isn't worth much if you can't find them. If you do eventually find them, they will undoubtedly try to set the default... View More

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2 Answers | Asked in Consumer Law, Products Liability, Civil Rights and Construction Law for Texas on
Q: How can I get someone to represent me to recover my loss.

Olshan foundation repaired my foundation in 2023,but the cracks started appearing again.I called then and they wanted me to spend another 10 thousand dollar to lift the front,I was doubtful,so I got opinion from 3 other companies and all of them said that the front needs no repairs,just the... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2025

The small amount of money involved makes this a great case for JP court.

Hire another company to make the repairs, then sue Olshan for how much those repairs cost in JP court.

Save thousands of dollars by not needing an attorney.

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2 Answers | Asked in Contracts and Construction Law for New York on
Q: Contractor stopped showing up. What do I do?

The contractor has done half the work and has received half the payment. For three months, he has said he will return and has given me a date on four occasions, but never showed. He gave me an excuse the first time, but never communicated why since then.

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

You can sue in small claims or town or city court, depending upon the jurisdiction and amount. Once you are successful if you prove your case, you will probably chase your tail trying to get paid on the judgment unless you can garnish his earnings Often, contractors who take your money and... View More

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1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Real Estate Law for Michigan on
Q: If I am under contract to buy a property, can I report inspection findings to the city?

I am under contract to purchase a rental property currently in the process of receiving a rental liceance from the city. My purchase agreement stipulates that the rental liceance must be granted before the deal is closed. During pre-purchase inspection, several major structural and health issues... View More

David Soble
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David Soble
answered on Jan 29, 2025

The purchase agreement that requires the rental license to be granted before closing should also already include a clause for notifying the seller of inspection results and of your satisfaction with said results. If serious issues are found, the seller must either fix them or release the buyer from... View More

1 Answer | Asked in Construction Law for California on
Q: A cabinet maker broke a contract and left the job unfinish. Now th kitchen paint is failing.

Cabinet maker broke the contract and left the job unfinish. I had to pay out of my pocket to complete the job. Nobody has move to the house since it got done, and the paint of the cabinets is cracking costing me money sending someone to touch up, now the whole kit gen migth need to be paint again.... View More

James L. Arrasmith
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answered on Jan 28, 2025

You should start by reaching out to the cabinet maker in writing, clearly explaining the situation. Detail how they left the job unfinished, the additional costs you had to cover, and the ongoing paint issues. Include any contracts, receipts, or photos to support your claim, and request... View More

2 Answers | Asked in Construction Law for California on
Q: we hired a solar contractor to install a solar system, before sighing anything i told them we want no roof penetrations

we hired a solar contractor to install a solar system, before sighing anything i told them we want no roof penetrations, because we have a standing seem metal roof. the said no problem at all. before they began i reminded them about no holes in the roof. the job was going smooth until the 21 of... View More

Pavel Kolmogorov
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answered on Jan 27, 2025

The solar contractor is most likely responsible for repairing the hole in your roof caused by their installation. According to California law, contractors are responsible for their own negligence that causes injury or damage to the property they are working on. In your case, the contractor was... View More

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2 Answers | Asked in Consumer Law, Contracts and Construction Law for California on
Q: we hired a solar contractor to install a solar system, they put a hole in my roof

we hired a solar contractor to install a solar system, befor sighing anything i told them we want no roof penetrations, because we have a standing seem metal roof. the said no problem at all. before they began i reminded them about no holes in the roof. the job ran long and the last time workers... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 23, 2025

You may need to speak to someone on the licensed contractor's board for direction or certainly someone who knows this area of law...

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1 Answer | Asked in Contracts, Construction Law and Insurance Bad Faith for Delaware on
Q: Is it legal for a Exterior Company to amend a contract without your signature?
Tim Akpinar
Tim Akpinar
answered on Feb 9, 2025

A Delaware attorney could advise best, but your question remains open for a month. Until you are able to discuss with a local attorney, the general basic rule applied nationwide in most settings is that both sides have to agree to amend a contract after it is agreed to. Good luck

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