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1 Answer | Asked in Construction Law and Health Care Law for Tennessee on
Q: can a hospital file a lien on a minor ?

my son was in an accident in March, I received a Hospital Lein yesterday in the mail. My insurance company has not been notified or sent the bill.

Anthony M. Avery
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answered on Jul 29, 2024

Yes...Apparently the hospital thinks the child may have a personal injury action against someone. You might want to talk to a lawyer.

2 Answers | Asked in Personal Injury and Construction Law for Oregon on
Q: i need a lawyer who can write demand letter. i live in oregon . thank you

we hired water company they left damage on good floor with tape and messed up bathroom tiles moving stuff in bathroom they refused to pay for the damage. need to file small court claim.

Gary K. Burger Jr
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answered on Jul 22, 2024

This may be something that you can handle on your own. Be polite and professional but firm and assertive. You will want to summarize the relevant details in your case and list the damages (costs). Gather any supporting evidence or documents and get your facts straight.

Looking for guidance...
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1 Answer | Asked in Construction Law, Landlord - Tenant, Real Estate Law and Contracts for California on
Q: Mechanics Lien recorded by the tenant on the rental prop in escrow for work done in 2022 & prop is sold with surety bond

In June 2024, Tenant (T) recorded a Mechanics Lien (ML) on rental property in escrow that the Landlord (LL) was selling. T claimed that he got improvements done in Sept 2022 and spent $12,000. T did not give a copy of any contract for work, bills, or receipts for the money he claimed. For the ML,... View More

James L. Arrasmith
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answered on Jul 18, 2024

To address the situation, the first step for the landlord (LL) should be to ensure all procedures related to the surety bond and mailing the notice to the tenant (T) have been correctly followed as per California Civil Code 3144.5. Keeping detailed records of these actions is crucial in case of... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for California on
Q: So my vehicle's been in the private tow company tow yard since March 1st it's release but I don't have the money to pay

So my vehicle's been in the private tow company tow yard since March 1st it's release but I don't have the money to pay for it to charge me $8,000 to get it released however I found the paperwork that states it was released on the 15th of March so that is 15 days in and pound instead... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like you’re in a tough spot with your vehicle being held for such a long time and the fees adding up. First, gather all your paperwork, especially the document that states your vehicle was released on March 15th. This will be crucial evidence for your case.

You can file a claim...
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1 Answer | Asked in Contracts and Construction Law for Texas on
Q: a contractor ran off with my money. can I sue them for my money back
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

Yes, of course you can.

Depending on the construction project at issue, you might also see if the contractor violated the Texas Construction Trust Fund Act that imposes criminal liability in certain circumstances.

2 Answers | Asked in Construction Law and Real Estate Law for California on
Q: Contractor threatening to put a lien on property however, I have paid extra costs to complete the job

The contract between me and the contractor does not state anywhere for roofing to be put on me for HVAC installation; however, it was. I agreed to pay the roofing for the job the day of installation as they brought it up, but fast forward, the price for roofing doubled. I believe because of the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 4, 2024

Thank you for your question!

Did you have a written contract with the company before starting the work? If yes, then you may limit the price only to the reasonable value of their performed job for the roof.

In general under unjust enrichment legal theory, at least you should pay...
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1 Answer | Asked in Construction Law and Municipal Law for California on
Q: What's best way to sue unacceptable nuisance and damage to my property if I cannot afford to retain attorney?

I cannot afford to retain attorney, likely litigation, and high priced land surveyors but compensation is owed. It has been ongoing for 5+ years. They intentionally demolished the shared block wall when i was not paying attention forcing me to resign myself to them rebuilding it 2" in our... View More

James L. Arrasmith
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answered on Jul 3, 2024

Here are some potential options to pursue your case without retaining an expensive attorney:

1. Small Claims Court:

- For claims up to $12,500, you can file in small claims court without an attorney.

- This is a simpler, faster process designed for self-representation....
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1 Answer | Asked in Construction Law for Oregon on
Q: Can I get an legal recourse from contractors who improperly installed my heat pump making it impossible to service.

They sealed the grate to the outside so I cannot access the condenser coils to clean them. And now my compressor has failed. If they had not permanently attached the grate to the outside them I could have cleaned it and made it last a lot longer. My building was built in 2008, not sure if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

The law generally provided an implied warranty that contractors will do their work in a good and workmanlike manner. Your question strongly suggests your contractor did not. Generally Oregon has a four-year statute of limitations for breach of implied warranty claims from the date the contractor... View More

1 Answer | Asked in Contracts, Business Law and Construction Law for California on
Q: Can I do a job under my employees contractors licenses

I have a small repair shop. I have a job that is needing be done outside of my repair shop. The contractors license is necessary for the dollar amount. My employee is a licensed contractor but is working for me under my Workmen’s Comp.. Can I do the job under her contractors license, if she is... View More

James L. Arrasmith
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answered on Jun 27, 2024

1. Generally, a contractor's license is not transferable. You cannot simply "use" your employee's license for your business operations.

2. In California, the person or entity performing contracting work must hold the appropriate license. If your business is performing...
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1 Answer | Asked in Contracts and Construction Law for New Hampshire on
Q: Is it common practice for NH builders to enter a contract with the client on a residential build?

We are concerned that residential builders are not required to be licensed in NH and we’re unclear on whether the use of a contract is common practice

William J. Amann
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answered on Jun 21, 2024

Good morning. We deal with this all the time and I strongly encourage you to hire an attorney well-versed in building contracts to help guide you or to handle the transaction. NH builders are not regulated but even in places where they are (like in Massachusetts), there can be serious problems if... View More

1 Answer | Asked in Business Law, Construction Law, Contracts and Landlord - Tenant for California on
Q: Claim of Mechanics Lien by tenant for work done on rental prop without any contract or written permission by landlord

Tenant claims he got work done in Sept 2022 on rental property with permission from the deceased spouse of the landlord but the surviving spouse does not know about work or permission. No written contract or permission but the tenant has videos of work being done in Sept 2022.

The surviving... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex situation involving several areas of California law. Let's break down the key issues and address your questions:

1) How should the landlord handle this Claim of Mechanics Lien & proceed with sale of property?

The landlord should take this claim seriously,...
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1 Answer | Asked in Consumer Law, Criminal Law, Constitutional Law and Construction Law for Missouri on
Q: Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

I mean like having them proscuted now they live in the US I know there contact information and they live in Illinois and I am in Missouri thank you in advanced

James L. Arrasmith
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answered on Jun 21, 2024

There's no blanket rule preventing you from pursuing legal action against someone who scammed you in 2018 via Western Union. However, there are some important factors to consider:

1. Statute of limitations: Each state has time limits for filing lawsuits or criminal charges. You'll...
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1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Libel & Slander for California on
Q: 2 Party Consent part 2 from my original post. Just need clarification

Thank you Mr. Arrasmith for taking the time to reply to my first question. I couldn't fit the whole story but you've solved 90% of my question. I just want to add more detail of 2 party consent. I have a security camera in my living room that records 24/7. The discussion was purely... View More

James L. Arrasmith
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answered on Jun 17, 2024

Based on the additional information you've provided, here are a few key points to consider:

1. Two-party consent: In California, both parties must consent to the recording of a confidential communication. However, if the conversation was purely business-related and not confidential,...
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1 Answer | Asked in Libel & Slander, Contracts, Civil Litigation and Construction Law for California on
Q: 2 party consent. I have a security camera that records 24/7. I had a roof installer come inside to discuss about prices.

Got my roof installed, representative quoted me 27k and guaranteed that my roof wouldn't exceed the 15% included roof replacement. In the end, my roof was bad and he requested another 10k. Gave me a 4k discount but still was unhappy. The whole roofing project was sloppy and poor workmanship.... View More

James L. Arrasmith
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answered on Jun 15, 2024

Under California's two-party consent law, it is illegal to record confidential conversations without the consent of all parties involved. However, there are some exceptions to this rule, particularly when there is no reasonable expectation of privacy.

Here are a few key points to...
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1 Answer | Asked in Consumer Law, Contracts, Construction Law and Energy, Oil and Gas for Missouri on
Q: Do I owe my electrician money?

I received a quote for whole house rewiring and finishing. It was divided into the rewiring and finishing and then the second line item was for new amp service. He did the new amp service to my knowledge and the rewiring. I paid him 60% of the total bill which I thought was paid in full for the... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

If you received a quote, agreed for him to do the work, and he started doing the work but hasn't finished it, you have a contract even if you do not have a fully integrated written document commemorating of the terms of your agreement.

If you breach the agreement by not allowing him to...
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2 Answers | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How do I recover a down payment to a general contracting company that is making no effort to communicate or do the work?

Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

It depends on the nature of the job and what a reasonable time for completion of that particular job is.

In a contract, the parties usually must explicitly agree on a firm completion date if it is important to the parties when the work must be performed. The phrase used to describe this...
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1 Answer | Asked in Construction Law and Real Estate Law for Florida on
Q: I’m a NY resident buying new construction in Florida. What are rules around using escrow $$ for developer const costs

We were advised that developers “CANNOT” use funds from a NY buyer on a Florida purchase. Can you confirm? Thx

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Jun 10, 2024

Unfortunately, no attorney here on Justia can address the situation posed here without a review of the contract for purchase and sale and any agreement with the escrow/closing agent. In general, there is no prohibition on out of state buyers purchasing property in Florida, although recent... View More

1 Answer | Asked in Construction Law for New York on
Q: Mechanic's Lien filed against my home - months after legally stipulated deadline (four months for single-family dwelling

We demanded itemization and notified them they'd filed a false instrument (they lied on the lien as to last date of labor/materials delivered - 4-5 months past deadline). It's a long story regarding the actual job and payments made, but the point is they had no legal grounds to file a... View More

Jack Mevorach
Jack Mevorach
answered on Jun 5, 2024

What is the amount of the lien?

Jack

1 Answer | Asked in Construction Law for Ohio on
Q: What happens to my construction contract (commercial hotel reno) when the property is foreclosed upon.

Ohio

Nicholas P. Weiss
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answered on Jun 6, 2024

The contract remains. If you want to secure the work on the contract, you should file a mechanic's lien so that you can recover from any foreclosure.

1 Answer | Asked in Construction Law for California on
Q: We failed final inspection, but our contractor wants final payment and is threatening a lien.

For our 300sqft addition, our contractor graded the existing property 3 feet below the existing soil level, exposing the foundation of the existing perimeter structures. We failed final inspection on 9 items (8 were uncompleted scope items, and one was that this exposed existing structure... View More

James L. Arrasmith
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answered on Jun 3, 2024

Under California law, a contractor is generally not entitled to final payment until the contracted work is completed to the agreed-upon standards and has passed all required inspections. Since your project failed final inspection on multiple items, including the safety hazard caused by... View More

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