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1 Answer | Asked in Real Estate Law, Criminal Law and Government Contracts for Texas on
Q: The revised texas 209 property code requires that HOAs obtain bids for work exceeding 50,000 dollars. Who enforces this?

My HOA contracted for some work but failed to obtain bids.

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

While the section is so new that there are not any cases yet on point, it is likely that any homeowner who is a member of the HOA has standing to enforce this provision.

1 Answer | Asked in Gov & Administrative Law and Government Contracts for Virginia on
Q: A federal contractor believes another contractor poses a threat to them winning an upcoming bid.

A federal contractor believes another contractor poses a threat to them winning an upcoming bid. As a preemptive strategy they offer to share revenue with the other contractor by giving them positions (workers) on the new contract in exchange for their agreement not to bid. Is this legal?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 5, 2023

No, offering to share revenue or profits with another contractor in exchange for their agreement not to bid on a federal contract is generally not legal. Such an arrangement would likely be considered a violation of federal procurement laws and regulations, including the Anti-Kickback Act and the... Read more »

Q: Can a employer fire you for a medical condition/ & for having FMLA for a disabled child

Employed 12+yrs,FMLA for my disabled child/I self have a medical condition can’t lift over 50lbs Because I refused to go work in a different dept. that wasn’t my job description or duty it required me to lift over 50lbs I was fired.Manager was angry because I called HR corporate because of my... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

It is illegal for an employer to discriminate against an employee on the basis of a medical condition or the need to take FMLA leave. If you were fired because of your medical condition or because you exercised your FMLA rights, you may have a legal claim for wrongful termination. It is recommended... Read more »

0 Answers | Asked in DUI / DWI, Business Law, Gov & Administrative Law and Government Contracts for Kansas on
Q: Is it legal for Wichita Interlock Company to increase prices on existing customers?

I have a DUI and currently have a breathalyzer in my vehicle installed by Wichita Interlock Company. It was installed in 2022 but as of 2023, they have increased their pricing and changed some of their policy with LITERALLY no notice. I feel that it may be important to mention that there was no... Read more »

0 Answers | Asked in Family Law, Government Contracts and Juvenile Law for Alabama on
Q: If you enlist in the AARNG at 17 and turn 18, does this emancipate you?

My roommate is enlisted, attending drill weekends, and is scheduled to go to basic training all with the AARNG, and they are 18. Their parents are trying to stop them from moving out claiming they still have to wait u til they're 19. Does the military enlistment free them from that authority?

Q: How to switch to federal court due subject matter /diversity of citenzenship

DV and I pled quilty which was stupid on Jan 10, 2020. My ex filed a foreign no-contact order the same day I pled quilty and the courts had adjudicated my case without my knowledge. My tribe is federally recognized from Northern california. 19-1-04666-6. Which was never discussed due... Read more »

1 Answer | Asked in Contracts and Government Contracts for Missouri on
Q: I am interested in progress on a complaint (case 1:2023cv00036) filed on Jan 10, 2023. how often is the docket updated?

I am a subcontractor to the intervener and understand it is under PO...but would like to track progress. Is there another way to get status?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 1, 2023

You can view the docket through Pacer. You must pay a bit to view documents. Filings should be identified immediately when they are electronically filed.

1 Answer | Asked in Employment Law and Government Contracts for Kentucky on
Q: My jobs time system requires us to clock out, and then approve our time. Would this be considered working off the clock?

I am working on a government contract in Kentucky. I work on the computer to perform my work and they use a time keeping system that requires us to clock in and out daily, as well as clock in and out for our two 15 minute breaks and 30 minute lunch. At the end of the night when we clock out we have... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 18, 2023

You should contact a Kentucky employment attorney to discuss your situation in further detail, because whether off-the-clock work is compensable is a very fact-specific analysis. In addition, federal law generally requires breaks of 20 minutes or less to be paid. If you are required to clock in and... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Gov & Administrative Law and Government Contracts on
Q: On the Island of St. Croix USVI can a person claim a property that is not in their name, or have a deed for?

Someone has been living on my property without my consent.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 16, 2023

Adverse Possession is very real, and that appears to be happening here. Hire a VI attorney now to obtain back possession or you might lose the property. You may have to appear in Court.

2 Answers | Asked in Criminal Law and Government Contracts for Florida on
Q: Is there case law in FL for a PTI, specifically concerning the SAO's requirements for the content of an apology letter?

I've been offered a PTI for a misd. and now the SAO wants specific info in the apology letter. Is there case law on this issue? The contract does not state the apology letter requires specific language. Does the "victim" influence how the apology is written?

Jonathan Blecher
Jonathan Blecher PRO label
answered on Jan 9, 2023

The state holds the cards and has "plenary power" over the conditions of any pretrial diversion agreement. Some jurisdictions require an admission of guilt (or acceptance of responsibility), but the conditions vary. Victims are permitted input regarding case dispositions, but the final... Read more »

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1 Answer | Asked in Construction Law, Contracts and Government Contracts for Kentucky on
Q: If a construction company designs a state funded project, can that company also bid on the construction of that job?

Can a provatd contractor, who has been paid to design a state-funded project, submit a bid to build that same project when the it goes to bid? It seems like this may be a conflict of interest.

Timothy Denison
Timothy Denison
answered on Dec 7, 2022

No. It is a conflict of interest.

1 Answer | Asked in Gov & Administrative Law and Government Contracts for Texas on
Q: In Texas, what are the powers of a security guard when hired to do security for a public neighborhood?

I am a security guard hired to do security for a neighborhood but I don’t know what are the do’s and don’t.

John Michael Frick
John Michael Frick
answered on Dec 3, 2022

The Texas Department of Public Safety regulates and licenses the private security industry in Texas. To become a licensed security guard in the state of Texas, you must first complete the Level II Training Course and Test. All commissioned and non-commissioned (armed and unarmed) security officers... Read more »

Q: How do you make a document a court of record?
David Luther Woodward
David Luther Woodward
answered on Nov 13, 2022

What kind of document? Where is it from? What language is it in?

You can usually record a document that qualifies for recordation with the county clerk, in your instance the county clerk for Oklahoma County, which is downtown. The clerks are prevented by law from giving you any legal...
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1 Answer | Asked in Contracts and Government Contracts for Florida on
Q: Signing documents while being on drugs

If I was on drugs and I told someone to sign documents for me because I wasn’t in the right state of mind; Is the contract voidable?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 8, 2022

Probably not. But without looking at the documents and hearing more about it, I cannot say for sure.

2 Answers | Asked in Government Contracts and Consumer Law for New York on
Q: looking for a contingency lawyer in the state of new York trying to recoup a significant amount of cash
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

It could be difficult for attorneys here to reach out to you. This is geared more as a Q & A site than an attorney referral service. In addition to your own searches for attorneys online, you could try the tab above, "Find a Lawyer." Good luck

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1 Answer | Asked in Civil Litigation, Constitutional Law, Government Contracts and Military Law for California on
Q: How to serve the Defendant documents in a federal civil case?

Hi, I am the Plaintiff in a federal civil case. I do not have attorney yet. I have 3 simple questions.

1, After I serve the original complaint and summons, can I serve other documents to Defendant MYSELF? I mean, can I sign the Certificate of Service and proof the service myself?... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 22, 2022

1) yes, you can serve documents yourself after the Summons/Complaint are served by a process server (or someone other than yourself)

2) you must serve defendant's counsel with all papers in the case, not the defendant himself

3) service deadlines mean the documents must be...
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1 Answer | Asked in Contracts, Employment Law, Gov & Administrative Law and Government Contracts for Virginia on
Q: A company is refusing to pay me over $9000 that I earned as an independent contractor. What are my options?

The company is a subcontractor under a Prime Contractor who provides medical disability exams for Veterans Affairs. The company claims that the Prime didn't pay them for those particular services, and therefore they are not obligated to pay me for those services either. They haven't... Read more »

Steven Krieger
Steven Krieger
answered on Jun 7, 2022

Yes, you have a few options: 1) send them a demand letter threatening a lawsuit if they don't pay you; or 2) pass on the letter and simply fie a lawsuit. Before doing either, I'd check to confirm that your agreement does not have any language in that conditions your payment on payment... Read more »

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for Washington on
Q: Is it legal to film public employees doing or not doing there jobs.

Is it legal to film government employees working or not working? For instance, a park employee sitting in the truck for hours, a utilities employee at Starbucks for hours.

Brad S Kane
Brad S Kane
answered on Jun 2, 2022

Yes, you can take video of public employees in public spaces as long as you are not trespassing to do so. Please note that you cannot record audio without all parties consent, unless they are in a situation where there is no reasonable expectation of privacy.

1 Answer | Asked in Government Contracts for New Jersey on
Q: I NEED A FEW ANSWERS TO REAL ESTATE QUESTIONS ! THANK YOU!.. IF A PERSON IS A MINOR CAN HE HAVVE A LEGAL GUARDIAN SIGN?

YES I HAVE ADDITIONAL QUESTIONS ..ABOUT REAL ESTATE.. DOES A BROKER ACCEPT CREDIT CARDS IN A TRANSACTION OR IS CASH ALLOWED?

Leonard R. Boyer
Leonard R. Boyer PRO label
answered on Apr 6, 2022

I strongly suggest that you seek a consultation with an experienced civil litigation/real estate attorney. There are too many unknown factors to provide a meaningful answer.

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