We entered into a contract for build in November 23. We made structural upgrades to the build. The builder never moved those numbers to the sales agreement. We then made design upgrades. We again amended the sales agreement but it never had structural upgrade costs put on it. The builder, nor us,... View More 
answered on Apr 10, 2024
The answer to your question depends on whether your contract with the builder was a "fixed price" contract (e.g., "I will building you that house for $500,000") or a "cost-plus" contract (e.g., "I will build you that house for whatever it costs me plus 10%").... View More
The Lot Owner hired a Builder who admitted to installing a Water Well in a prohibited location on the lot and have exceeded their one-year build timeframe. They are Violating the Purchase Agreement, Deed Restrictions and the Sudivision's Dedicatory Instrument known to as the Site Plan. The Lot... View More
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.
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
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... View More
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
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... View More
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
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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
I deliver lumber for a company. On Oct 20, 2023, I was delivering a load to a job site where the lift fell into a septic tank, which resulted in tearing my rotator cuff. I found out that the builder knew the septic tank was there, but only placed small flags to mark the area. Considering that... View More
answered on Jan 30, 2024
You may have established the basic facts for a claim for negligence (failure to properly warn) against the land owner and/or builder of the premises. Lawyers refer to this as a third party claim since you also have a claim for workers' compensation.
I had a fire suppression system (fire sprinklers) install at my business.
We had a signed contract describing the work done and the agreed amount. Just prior to the start of the project the city required them to change where they would connect to the city waterline. I was aware they would... View More
answered on Jan 16, 2024
In order to give you a proper analysis on your options, it would be necessary to have an attorney review your particular contract. Each contract for building projects is different, but a good one should usually contain several clauses explaining liability for change orders, when/how to dispute... View More
I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal... View More
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answered on Dec 17, 2023
On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to... View More
I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't
answered on Dec 8, 2023
If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual.
With respect to your employer, in the absence of a written employment agreement that precludes your employer from... View More
Contractor sued resident for balance before bills even 30 days late. No opportunity to Arbitrate
answered on Dec 6, 2023
While I do not practice in TX, I may be able to provide some general guidance. I am assuming this was a covered loss and that what you are asking is what you can do when a carrier doesn't pay for invoices related to repairs from that covered loss. There are two main options you have and one... View More
Foundation was done 4 months ago, due to not watering regularly they are saying they will not fix. They told me they need to add 10 piers and adjust everything they did and want to charge me 6k. What can I do here?
answered on Dec 4, 2023
The warranties provided by many foundation repair companies specifically address drainage, foliage, and moisture issues that can profoundly affect the performance of any building foundation.
If your warranty requires you as the homeowner to properly water the soil around your foundation,... View More
They did work, said because of the summer drought and not watering the foundation has jumps in the floor now and it’s needs adjustments and 10 more piers. What do I do?
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answered on Dec 2, 2023
In your situation, the first step is to thoroughly review the warranty provided by the foundation company. Understand the terms and conditions, especially those related to drought conditions and the requirement for additional piers.
If you believe the company is not honoring their warranty... View More
Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims... View More
answered on Nov 27, 2023
It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of... View More
My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then... View More
answered on Nov 10, 2023
The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads "with interest not to exceed ___ % per annum." The Buyer is usually required to apply for a loan... View More
I have a property management company who is threading to stop useing my services because I told the tenant then water heater needs replacement. I have a special needs child and a split if wife . They constantly threaten me with this as I am a new company ? But have worked with same property... View More
answered on Nov 7, 2023
I see no legal issue. A property management company can stop using a plumbing contractor if they want to. A plumber can tell a tenant a water heater needs to be replaced if it does.
This is for services rendered.
answered on Sep 29, 2023
Given the small amount involved, you might consider filing in county court at law pro se. Unfortunately, the jurisdictional limits of our JP courts is $20,000.
You might consider hiring an attorney if you are certain the proposed Defendant has more than sufficient non-exempt assets to... View More
We have a issue with our Building Erector that was supposed to finish a steel building for us which will be our home. We hired him back in June. He told us that they could finish it in within two weeks but we knew it would take them about a month because we thought two weeks is pretty fast but one... View More
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answered on Sep 4, 2023
Sorry to hear your problems.
The lien could only be from a supplier of materials.
If the contractor supplied the materials, you can reject any lien or attempt for the same.
You should get 2 different bids to finish the work.
In each bid u should require a... View More
Because the contractor walked off the job, we had a home inspector come out and inspect for structural integrity. He found that over half of the load bearing walls must be repaired due to being crooked. All the windows have to be removed, and header and footer boards installed. The exterior doors... View More
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answered on Aug 3, 2023
Yes, you have stated facts that support suing the contractor for damages for breaching the contract and a cause of action for a breach of the Implied Warranty of Workmanship, whether the contract was written or oral, if your claim can be filed within the applicable statute of limitations.... View More
I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new... View More
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answered on Jul 29, 2023
Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof.
See a good... View More
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