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2 Answers | Asked in Construction Law, Municipal Law and Landlord - Tenant for Indiana on
Q: Can a high rise apartment building block off one of only two fire escape exits in my building?

The building I live in is 9 stories tall and has two stairwells at each end of the building. There is one elevator that is very slow and breaks down every few months or so for a couple days at a time, and is operated by key fabs that have also malfunctioned. There is construction starting in our... View More

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2024

An Indiana attorney could advise best, but your question remains open for three weeks. This may be something that fire marshals or other local officials involved in fire protection & public safety would have the most insight into. Good luck

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1 Answer | Asked in Construction Law for North Carolina on
Q: Contractor doesn’t want to pay full amount owed
Tim Akpinar
Tim Akpinar
answered on Oct 3, 2024

A North Carolina attorney could advise best, but your question remains open for three weeks. From the brief post, it isn't clear if you are the client building owner or a subcontractor. In either event, more information will be needed - reviewing the contract, specs, work performed to date,... View More

2 Answers | Asked in Construction Law for Nebraska on
Q: I need some help filing a house damaged claim against GPC from work that a contractor did through this company.

They hired a sub contractor to do the work 2 or 3 years ago and in June the my sub pump pipe was severed and flooded my home with all wood flooring. It back up into the home on June 16th 2024. There was a rep from GPC at my house with my plumber and stated that was the work of their under ground... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2024

It isn't clear exactly how the parties are related to you here. However, generally you can send a demand letter setting forth your request for compensation. If that doesn't get a response, you may need to file a legal action for the damages. Keep in mind that some of the statute of... View More

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1 Answer | Asked in Construction Law and Municipal Law for Alabama on
Q: Are there any laws or ordinances in Alabama about times that construction work can be done?

Laws, ordinances, or policies adopted by a city, county, or local government within Alabama that define specific times that construction work can be performed.

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

An Alabama attorney could advise best, but your question remains open for a month. Until you're able to speak with a local attorney, those issues sometimes fall under noise abatement. They're often regulated regionally by city or town codes. You could check with local environmental... View More

1 Answer | Asked in Construction Law for Texas on
Q: Is a contractor liable for not doing work as asked? Cost of material and labor to redo work?

I hired a Tile installer to redo a shower. I noticed they started cutting corners and were wanting to charge more for the job after they started. Eventually, before I could stop the work, they quickly progressed to try and finish and charge. However, I instructed them to install the restroom... View More

John Michael Frick
John Michael Frick
answered on Sep 17, 2024

Generally, contractors like this are not employees but rather independent contractors. The key difference between an employee and an independent contractor concerns control over the work. An independent contractor controls the manner, means, methods, and details of his work. Conversely, you... View More

2 Answers | 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 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 17, 2024

I am sorry to hear that. Unfortunately, these situations occur often with contractors. Florida law provides that you must provide the contractor with notice pursuant to the Chapter 558 process when there is a construction defect claim. Thereafter, the contractor is on notice of the issues and has... View More

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4 Answers | Asked in Contracts and Construction Law for California on
Q: I'm seeking a contingency fee lawyer to handle a construction dispute involving approximately $100K in damages.

I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More

Adam Stoddard
Adam Stoddard
answered on Sep 13, 2024

What you describe is not the typical type of case that most attorneys will take on a contingency basis (at least from my experience). For something like this, I would charge an hourly rate to serve a demand letter and/or litigate the matter and whatever is recovered at the end would be yours.... View More

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1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Alabama on
Q: I have a client threatening to sue me for uncompleted work after completing the original contracted job.

The original contract for this client has already been completed. My client changed their mind on which type of pool they wanted after it was already installed. I obliged to change the pool out and ordered the new kit and took down the original. I had to push them to the back of my work log due to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. You have no control over whether or not they choose to sue. Hopefully they won't. But you can take certain steps to make your defense easier and your position stronger should they decide to. Gather all your... View More

1 Answer | Asked in Constitutional Law and Construction Law for Tennessee on
Q: Can a homeowner sue me for poor work even after the warranty is up and they refused me the right to fix it.
James L. Arrasmith
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answered on Sep 12, 2024

Yes, a homeowner can sue you for poor work even after the warranty period has expired, depending on the circumstances. If the work was done negligently or did not meet the standards agreed upon in the contract, the homeowner might still have grounds to file a lawsuit. The key issue is whether there... View More

1 Answer | Asked in Construction Law and Small Claims for Puerto Rico on
Q: He took quote refused to pay. P mgr We accepted because wanted work done Conspired to defraud 2340
James L. Arrasmith
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answered on Sep 2, 2024

It sounds like you are dealing with a situation where someone refused to pay after a service was completed. In situations like this, the key is to gather all the necessary documentation and evidence. Make sure you have written agreements, communications, and proof of the work completed. This... View More

1 Answer | Asked in Construction Law for California on
Q: A contractor is threatening to file a lien on my property? They didnt finish the job, I paid them $10,000 of $13,000 in

A contractor is threatening to file a lien on my property? They didnt finish the job, I paid them $10,000 of $13,000 in good faith. I have a missing bed, and 6 missing boxes with purses and other items well over $3,000. They also damaged some items, What should i do to fight this?

James L. Arrasmith
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answered on Aug 21, 2024

First, gather all the documentation related to the job, including the contract, receipts, and any communication with the contractor. This evidence will be crucial if you need to dispute the lien or take legal action. Make sure to take detailed photos of the incomplete work, any damages, and the... View More

1 Answer | Asked in Banking, Business Law, Construction Law and Contracts for New Mexico on
Q: Are the model numbers on electrical and building permits in New Mexico required to match the contract and loan papers?

My father had solar panels installed on his home in NM and when gathering the info for the tax credits I noticed differences in the information listed on the electrical and general building permits, installer contracts and loan financing documents regarding the solar panel model numbers, the actual... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to speak with a local attorney or an official from the buildings department, one issue that could possibly arise from the standpoint of insurance is whether there are inconsistencies in... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for Texas on
Q: What should I do if I paid a contractor 100% upfront and they have not done any work and they filed bankruptcy?

I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More

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Q: Can we legally challenge our landlord's short-notice garage conversion, and how can we negotiate to delay the project?

We rent an apartment with an attached garage at Alborada Apartments. The property manager gave us short notice (<6 days) that they're converting our garage into an ADU in a few days. We question the legality and appropriateness of this notice, as we never received prior communication. The... View More

James L. Arrasmith
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answered on Aug 17, 2024

You have valid concerns about the short notice your landlord provided for the garage conversion. Under California law, landlords must give tenants "reasonable notice" for major changes like this, especially if it affects your use of the property. Six days' notice may not meet the... View More

1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Federal Crimes for Hawaii on
Q: in Hawaii State code 444–22 during covid & losing a contractors license mid job due to no payment by plaintiff what laws

contractor lost license due to nonpayment by company with a contract with to do work but they kept adding additional work all information is in the correspondence on email including a promise of payment not for filled and the person who promised stopped working there questionably as i the... View More

James L. Arrasmith
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answered on Sep 7, 2024

In your situation, several legal avenues could help you recover the unpaid amounts due to you, despite losing your contractor's license. Under Hawaii Revised Statutes (HRS) Chapter 444-22, a contractor may still have rights to collect payments for work completed before losing their license,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Construction Law for Florida on
Q: How to file a Motion to Dismiss a Defective Probable Cause initiated by an incompetent Citrus County Sherriff Officer?

A Sherriff Officer arrested a 79 year old US Navy Veteran Property Owner on his property of 17 years; without investigating witnesses at the scene, denying the Property Owner's attempt to provide relevant documentation or oral defense; and did not say why he was being arrested. Then brutally... View More

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answered on Aug 31, 2024

To file a Motion to Dismiss based on defective probable cause, you should begin by thoroughly documenting all the details of the arrest, including any witnesses, lack of investigation, and the denial of your attempt to provide evidence. Gather all relevant documentation, such as property records... View More

1 Answer | Asked in Construction Law for California on
Q: homeowner in litigation with a contractor over construction defects. Is it necessary that my attorney depose de subs?

This litigation is going on for four years and the opposing party is not making any offers. We already had two mediation meetings and I have spent a significant amount of money.

Is it necessary in trial preparation that my attorney takes deposition of the subcontractors if I am not suing... View More

James L. Arrasmith
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answered on Aug 9, 2024

In your situation, deposing the subcontractors can be a strategic move, even if you are not suing them directly. Their testimonies might provide valuable insights into the construction defects and help establish the main contractor's liability. This could be especially important if the... View More

1 Answer | Asked in Construction Law for California on
Q: Can my attorney call my construction expert and ask for details on his report without having the client norified?

I am in a construction litigation, and I hired a construction expert to do a report on cost of repairs.

After that I hired an attorney to represent me in this Construction defect case.

Now my attorney calls my expert to ask him questions without my knowing or consent.

What... View More

James L. Arrasmith
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answered on Aug 9, 2024

In construction litigation, communication between your attorney and your expert witness is generally expected as part of preparing your case. However, your attorney should ideally keep you informed about significant discussions, especially if those discussions could impact your strategy or... View More

1 Answer | Asked in Construction Law and Real Estate Law for Texas on
Q: How do I take care of this lien?

We filed a lien a customer. The property owner has let us know that customer was their tenant and have asked us to release them from the lien. The customer has now filed bankruptcy and I just filed a claim with that court. Can I release the property owner from the lien and still keep the lien... View More

John Michael Frick
John Michael Frick
answered on Aug 7, 2024

Additional information is required in order to properly answer this question. Is this a residential or commercial property? Is the lease a ground lease? Did the landlord consent to the work you performed? What is the status of tenant's leasehold interest in the property? Is the tenant... View More

1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: I’m supposed to close on a new home. On our final walkthrough I noticed a repair that was done poorly.

The builder is trying to force me to sign off on the repairs before we close tomorrow. She specifically said we cannot close until I sign off on the repairs. I feel like I’m being forced to sign off on this because they have my $25,000 in earnest money. What can I do?

John Michael Frick
John Michael Frick
answered on Jul 30, 2024

You can so "no" and refuse to "sign off" on the repairs. You can tell the builder in writing that you are prepared to close on the agreed date but that you do not accept the repairs as having been completed in a good and workmanlike manner and that you are not waiving any right... View More

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