Get free answers to your Construction Law legal questions from lawyers in your area.
I hired a licensed contractor to replace the roof, siding, gutters, and garage door. I think he pulled the permit for the roof after the fact. The Permit is dated Dec 2018, but work was done Oct 2018. The roof failed inspection. They just finished my siding, and when I asked when the inspection for... View More 
answered on Feb 5, 2019
Generally, withholding payment is the only leverage a homeowner has against such contractors.
Agreement was my husband remodels house in side and out in exchange for rent 700 month utilities included when work hours do not add up to 700 we pay the difference has been working out for 5 months and then out of nowhere they are saying the rent is 900 utilities are not included and suggested if... View More
answered on Feb 1, 2019
Hopefully you have a written lease to validate the $700/mo plan. Otherwise, you likely have a month to month lease which allows either party to change the terms of the lease on very little notice.
Good Luck!
Is it possible to be sued for such a thing. We spoke but never signed anything.
answered on Nov 19, 2018
First off you can be sued for pretty much anything so I'd answer that with a yes. Whether there's a viable claim is another story. The fact that the potential plaintiff doesn't really have a case won't stop them from filing suit and forcing you to go through the legal process of... View More
This company proceeded to do work on the house (by his subcontractor who was "certified"; but not a state certified company), parts deemed affected were pulled; but was not disposed of properly, and now the state has become involved, with a Stop Work order posted to property. Now this... View More
answered on Sep 25, 2018
You may have a legitimate Breach of Contract claim against your contractor and you have a damages claim against him. You should contact an attorney to schedule a consultation so that the facts can be closely reviewed and you can get a clear picture of your rights, options, and possible results.
For example, a second story deck was attached to a residential house's cantilever's rim board (against code), but a structural engineer stamped it as acceptable. If the deck fails, what is the statute of limitations after construction completion or engineer's letter to seek recourse... View More
answered on Jul 31, 2018
You don't have to wait until the deck fails. The Colorado Construction Defect Act allows 10 years to resolve this type of issue.
and died on the spot , should we still bill them for the job? $3000
answered on Oct 11, 2017
I would suggest offering to credit their bill in exchange for a full and final release of liability for the damages ie death of their dog. I can draft such a document.
In the contract it states that we should be given 48 hour notice if the General Contractor decides to go with a different company. (So we are allowed to remove our material or get paid within 48 hours so they can keep it) Well they gave us notice at 4:15pm and had workers on our job site the next... View More
answered on Sep 22, 2017
Maybe. In a technical capacity yes it's a breach. The next question becomes is it material. is there a time clause? If the contract doesn't say time is of the essence then the times are more like guidelines and breaking them becomes an immaterial breach. A no harm no foul sort of... View More
Two weeks ago, Weyerhauser, who provides the floor joists, reported fire retardant spray mixture is new and is causing a noxious out-gassing. The floor joists are installed, drywall complete, wiring, plumbing, heating and A/C ducting is installed. Toll Brothers has no remedy. They have closed the... View More
answered on Jul 26, 2017
The contact will likely control here. You will need to hire an attorney to review the circumstances and the contact to review the available options.
Construction started shortly after we moved in. Neighbor stated that they have known about the construction for two years. The HOA had sent a letter to everyone notifying them of the construction. I feel as though we should have been told. We are afraid that this will reduce our property value.... View More
answered on Apr 29, 2017
You may have a claim, but you will need to contact a real estate attorney directly. As a general best practice, the seller should disclose things that may impact the value or desirability of a home. Colorado might require the disclosure of the construction if the circumstances are right, but nearby... View More
We also paid additional to him in good faith. Still he hasn't paid the suppliers. We are in contact with them and trying to make it right for them.
answered on Apr 12, 2017
Review your contact. As a general rule, you cannot require the general contractor to pay subs. You can argue that a breach of contact has occurred and request your money back (check the contract to make sure that a breach has occurred). Also be aware you may not be liable to the subs (again, review... View More
We hired "Company A" to build a shop on our property. We were dealing the VP of Operation from "Company A". The VP hired a subcontractor to help with the job. Half way through the job the VP asked us (we have written proof) to make one of our payments directly to the... View More
answered on Feb 22, 2017
You should contact a lawyer this matter; this looks to be headed towards litigation and it is better to start planning early. As a general rule, if the VP acted as the real or presumptive agent on behalf of the company he would legally bind the company to his decisions. Even if the VP was acting... View More
i wish to file a mechanics lien, and am aware of a four month time limit. being that all materials were provided by the owner/builder, would i be considered day labor? no contract was established and i billed by the hour for my work. thank you.
answered on Feb 14, 2017
Contacting an attorney is highly recommended. There is not enough information to make an evaluation of what your legal status is for a collections lawsuit. You will need to meet with a lawyer and discuss the entirety of the oral discussion/agreement and the nature of the work you provided.... View More
What type of Law covers these kinds of cases (homeowner vs. roofing company)? I'm looking at the website for BOCO legal aid for advice and am not sure which category to choose from? Thanks for your assistance.
answered on Jun 19, 2016
This is a tort or property law claim (the specifics are not important). Review the contract with the roofing company (look specifically for damage to property provisions). You may need to contact a lawyer.
Way
It seems to me if they are collecting money from the community for building they should do inspection and require contractors to be licensed to protect thier community. Otherwise what are they collecting fees for permits? Isn't that part of thier job and responsibilities to keep... View More
answered on Dec 22, 2015
Some permits do not require inspections. Even for those that do, most inspections are rather cursory...
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