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Construction Law Questions & Answers
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

1 Answer | Asked in Contracts, Banking, Construction Law and Business 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

In the situation you've described, where a business associate accepted a payment on behalf of your business for a painting job and then misused those funds, several legal and ethical issues are at play. Once a bid is accepted and a payment is made, the funds should be used as agreed upon in... View More

1 Answer | Asked in Construction Law and Landlord - Tenant for Florida on
Q: They are building a new complex next to mine, the Construction often starts at 5am. I don't want to pay my full rent.

It's been going on for nearly 2 years now. Theres always dust in my apt, i cant ooen the windows etc. BUT Since the holidays they have been starting Construction at 5am a few times per week. Other tenants here have called the police but it still happens. I have videos and photos of the... View More

James L. Arrasmith
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answered on Mar 31, 2024

I understand your frustration with the ongoing construction and the negative impact it's having on your quality of life in your apartment. The early morning noise, dust, and inability to open windows are all valid concerns. Here are a few steps you can consider taking:

1. Review your...
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1 Answer | Asked in Contracts and Construction Law for Maryland on
Q: What does MHIC guaranty fund pay for?

Concrete sidewalk/steps/handrails installed - paid in full $3900. MAJOR issues with the work and home inspection deemed all of work unsafe. Every other contractor said all concrete had to be removed and redone - basically start from scratch. Total paid to redo - $7100. Filed claim and have... View More

Mark Oakley
Mark Oakley
answered on Mar 2, 2024

The regulations governing the adjudication of claims against the Guaranty Fund specify the formulas to be used by the Commission when calculating an award for actual loss from the Guaranty Fund:

Unless it determines that a particular claim requires a unique measurement, the Commission shall...
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1 Answer | Asked in Contracts and Construction Law for Tennessee on
Q: Got bill from a contractor, 8 days later was served a summons to appear for lawsuit for nonpayment.

Already paid 50% deposit, thought it couldn't be more than 33%, only 2nd bill i received. Work was not acceptable & couldn't come to agreement of how to fix. This is in Hamilton county TN getting sued for nonpayment $2200 already paid $2200. Thought i had to be notified by certified... View More

Anthony M. Avery
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answered on Feb 29, 2024

Hire a TN attorney to represent you now. A Default Judgment will be alot more, and presenting defenses to a debt in Sessions Court can be confusing.

1 Answer | Asked in Construction Law and Contracts for Delaware on
Q: Is original contractor responsible for paying if client hires another contractor to fix first contractors damage in DE?

Damage resulted from first contractor doing work. If client does not allow first contractor/their choice sub-contractor to do repairs, and instead hires a contractor themselves, is the original contractor financially responsible to pay new contractors fees?

James L. Arrasmith
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answered on Feb 27, 2024

In Delaware, as in many jurisdictions, the original contractor may be held responsible for damages resulting from their work. If the work performed by the original contractor caused damage, and the client opts to hire another contractor for repairs, the original contractor could potentially be... View More

2 Answers | Asked in Construction Law for California on
Q: I need a construction defect attorney

My property is 2 years old and till current having issues poor workmanship poor material quality etc

James L. Arrasmith
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answered on Feb 26, 2024

Under California law, homeowners who discover construction defects in their properties have rights and options for recourse. These defects can range from poor workmanship to the use of substandard materials. Given your property is only two years old and experiencing such issues, you may have a... View More

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1 Answer | Asked in Real Estate Law and Construction Law for California on
Q: How to fight a fraudulent lien from a contractor

We filed against our contractors bond because he abandoned the job and his worked caused an injury and is faulty. He has subsequently filed a bogus mechanics lien and not followed the law for filing it.

James L. Arrasmith
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answered on Feb 24, 2024

In California, if you're facing a fraudulent mechanic's lien filed by a contractor, there are specific steps you can take to fight it. First, it's important to gather all relevant documentation, including any contracts, correspondence, and evidence of the work performed (or not... View More

1 Answer | Asked in Construction Law and Contracts for Texas on
Q: I paid a contractor. He didn't pay a company. Can that company put a lien on my property?

I hired a contractor to do some dirt work on my property. I paid him via checks that all cleared. Now, 5 months later, the dirt company that he bought the dirt from, has sent me a letter saying that he did not pay them the final $1295 that he owed them. They say in their letter that they tried... View More

James L. Arrasmith
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answered on Feb 23, 2024

The company that provided the dirt for your property may have the right to file a lien against your property if they haven't been paid for the materials supplied. However, whether they can actually do so depends on the laws and regulations in your specific jurisdiction. In some cases, lien... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Construction Law and Legal Malpractice for California on
Q: No autopsy was performed on a suicide death in California. The next of kin was never contacted for the option.
James L. Arrasmith
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answered on Feb 21, 2024

Under California law, the decision to perform an autopsy in cases of suicide typically lies within the discretion of the coroner or medical examiner. While autopsies are often conducted in cases of suspicious or unexplained deaths, they may not be required in all instances of suicide. The decision... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Maryland on
Q: I inadvertently hired an unlicensed contractor. I'm unhappy with the work, but I haven't paid yet. What happens now?

I hired a Virginia-based company to repair a leak in my home. I asked if they were licensed to work in Maryland, and they said they were, but the document they provided me says "Out-of-state contractor (not for home improvement)," and neither the business trade name nor any of the... View More

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

Performing a home improvement without a license is a criminal offense in Maryland, and the civil courts will not enforce the contract for the contractor. In other words, the contractor cannot legally accept payment, or sue you if you don’t pay, so no, you do not have to pay. I would immediately... View More

1 Answer | Asked in Real Estate Law and Construction Law for Virginia on
Q: We had a home inspector who missed numerous things costing $4K to fix - how do we get $ from ther failed inspection?

The old owner had a low-budget handyman install a new shower surround and floor pan. It was install very poorly with no support in the walls for the panel seams, no support for the floor pan, and a loose drain. It took about $4k to have the shower disassembled and walls re-studded to handle the... View More

Richard Sternberg
Richard Sternberg
answered on Feb 13, 2024

You need to review the contract with the home inspector very carefully. If you did not negotiate and modify the contract, it insulates the inspector from most if not all claims, and, when it doesn't insulate them, it limits damages to refunding your inspection fee. That will surely be. shock... View More

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