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The roofer and I have a contract, but if the job fails inspection and looks bad--what is my best legal recourse (under $10,000)
Can I withhold payment?
answered on Dec 2, 2016
It depends on whether there is a written contract, whether he was licensed and insured, and other factors at play. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create... View More 
He left our roof wavy and sagging, worse than before. What if it fails inspection?
He was supposed to put 1 layer of shingles. Do we have the legal right to expect
his work to meet state inspection standards?
answered on Dec 1, 2016
One possible remedy may be non-payment, but it depends on the reasonable quality of the work as judged from contractual obligations and objective expectations, as well as whether it passes inspection. Hopefully the contractor will remedy the matter, was licensed, and insured. The best first step is... View More
I had to wait weeks to get paid what was owed and pulled off payroll without notice and eventually was never paid what was owed. I was given bits and pieces and eventually screwed over and never paid. He never took taxes out. Hes a contractor who would pick up different jobs and send me out to do... View More
answered on Nov 13, 2016
In general, no. Whether a person is an employee or a 1099 contractor depends on their job description and how much autonomy they have over their work. Unless their job description and tasks have changed, a person cannot be an employee one day and a 1099 contractor the next just because that's... View More
I am building a new home and the shared boundary fencing needs to be replaced. The current chain-link fencing is outdated in function and appearance, breaking down, the foundation is broken and eroding, and in some areas do not completely follow the property lines. I have already sent notice to... View More
answered on Oct 14, 2016
Under the Good Neighbor Fence Act of 2013 (Civil Code §841), you've given notice of your intent to replace the fence. The law presumes that the shared border fence benefits both neighbors and each must share in the costs of repair, maintenance or construction. To enforce this requirement,... View More
A realtor came out a few yrs ago and told me I would not be able to sell house without repairing the wood issues. I don't know if she meant it would just not sell, or if it was a legal requirement to fix certain things, or if a lender would not lend on properties with these kind of issues.... View More
answered on Mar 31, 2016
Since the house is in North Carolina, then North Carolina law applies. Please repost your question under North Carolina law.
I hired a contractor to clean a house. I labeled an item not to be dumped but one of the contractor’s employees took it. The contractor admitted via text he had the item and it was his fault. We made no agreement on how he was to return the item. Three weeks later the contractor left the item in... View More
answered on Oct 23, 2015
That is called an intervening superceding criminal act, and I believe it might be a defense to you suing the contractor. So, the best thing to do before you file a lawsuit is to go see an attorney about this. The contrator returned the item, but someone then stole it. The contractor is not... View More
construction company who built my house pulled permits as if they were building an addition to the old property that was once on the land. old house was completely gone and in a different spot than new house construction. insurance wants more monthly to cover insurance fees. can this be considered... View More
answered on Oct 13, 2015
The thing to do is to go see a local real estate attorney about this. Fraud requires that certain elements exist.
What is the consumers contractual obligation to the contractor for payment if he does not provide an an written estimates, invoices, or other paperwork? My contractor did not have an estimate, no contract, no invoice or the other needed paperwork written up for the job. What are the consumers... View More
answered on Aug 4, 2015
Presumably, there were verbal agreements, and a judge or jury would have to determine what really happened. A local lawyer can advise, including the requirements for mechanic's liens. In many states, mechanic's lien requirements have to be strictly followed.
Please Take Notice:... View More
they want to build on it, but they won't buy me out, and i cannot get anyone to buy me out.
can they build on it, if i do not agree?
answered on Dec 24, 2014
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If you cannot workout your differences with your co-owners, you may have to bring an action for partition. Be sure to consult your own attorney to protect your legal rights.
answered on Dec 24, 2014
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
This is a contractual matter. The window covering business owner can set its contract terms; it would be up to the potential customers to accept these terms, or take their business... View More
erect a "temporary fence" during demolition of their burnt-out building located next to my home. I'm inclined to say "NO!"
answered on Dec 24, 2014
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
It would be your choice to give or refuse permission. You need to consider whether permitting the fence would cause you any damage, and also whether preventing the building of the... View More
And if this unlicensed contractor files a mechanic's lien on my property for unpaid balance, is it enforceable? And is it fraud on his part for doing so?
answered on Nov 10, 2013
A homeowner is allowed to sue an unlicensed contractor for money already paid on a job regardless of whether the job was completed, and regardless of whether the work was perfect and you were 100% satisfied with it. By law, the party who contracts with an unlicensed contractor (for a project of... View More
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