Construction Law Questions & Answers by State

Construction Law Questions & Answers

Q: Is my non compete binding?

1 Answer | Asked in Employment Law and Construction Law for North Carolina on
Answered on Mar 27, 2017

Generally, non-competes are valid if they are reasonable with respect to time and geography. The time limitation in your non-compete is short, but the geography is potentially large and this inverse relationship is generally valid. But, the clause about "plans on owning property" probably would be too broad. However, this is a very factual determination that depends on more than just the language of the non-compete, but also on the facts of your position and the employer's business. You will...
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Q: Im half native american am i elligable for money

1 Answer | Asked in Native American Law, Construction Law and Nursing Home Abuse for Minnesota on
Answered on Mar 25, 2017

You need to look into what you need to do to become a member of your tribe. Every tribe is a separate sovereign, and each tribe has a variety of different benefits.
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Q: Does a GC have to provide a sub with copies of conditional waivers that sub signed.

1 Answer | Asked in Construction Law and Contracts for California on
Answered on Mar 12, 2017

You should have kept copies of the contracts you signed. If you have a contract dispute, you can either resolve them via negotiations, ADR, or court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: If I sign a contract, and state I'm signing under duress, is the contract still binding

1 Answer | Asked in Contracts and Construction Law for California on
Answered on Mar 12, 2017

Stating you're signing under duress is not the same as actually doing so. There are legal definitions for signing under duress.

See: https://www.justia.com/trials-litigation/docs/caci/300/333.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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Q: Does a general contractor in ca have to return the $1000.00 deposit if the home owner changes their mind

1 Answer | Asked in Contracts and Construction Law for California on
Answered on Mar 8, 2017

What does the contract say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: Where do I stand legally if plumber leaves a part of our boiler causing it to leak carbon monoxide?

1 Answer | Asked in Construction Law and Personal Injury on
Answered on Mar 7, 2017

As you don't have a doctor I don't see proof of injuries but call a member of your state's Trial Lawyers Assn--they give free consultations.
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Q: How long do I have to file a mechanic's lien after the work has been done in Ohio?

1 Answer | Asked in Real Estate Law and Construction Law for Ohio on
Answered on Mar 6, 2017

It depends on if the work was done on residential premises for the owner of the premises where the owner uses it as a principal residence. If so, then you could have as little as zero days up to 60 days. You must file a mechanic's lien affidavit before the owner pays the general contractor in full, but not beyond 60 days after your last work. If the premises and the project do not qualify as a residential project, i.e. it was a commercial project, you would have up to 75 days after you...
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Q: Is it lawful for contractors to work on sewer/water line well after sundown on a non emergency maintenance issue?

1 Answer | Asked in Construction Law and Contracts for Colorado on
Answered on Mar 3, 2017
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Q: hired a company to build a shop on our property. The VP of the company asked us to make part of our payment to the sub.

1 Answer | Asked in Construction Law for Colorado on
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 outside of his authority (which is not proven), a 3rd party (you) does not assume a duty to discover whether the VP was acting with approval of the company or not. In short, the company has an issue...
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Q: can I have a homeowner enter into a CA construction contract based on all allowances or unfinished architectural plans

1 Answer | Asked in Contracts and Construction Law for California on
Answered on Feb 22, 2017

What are your concerns as to why this would not be possible given the circumstances? Are you trying to sell a home? Do you have a license to build? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: Can the refusal of a Construction Loan allow me to cancel a Contract with a builder ?

1 Answer | Asked in Construction Law, Consumer Law and Contracts for California on
Answered on Feb 21, 2017

I don't see a basis for cancellation in the fact that your loan was denied. The 30% cancellation term may be challenged if unconscionable as liquidated damages if the contractor has not lost anything of value (other work, purchased parts, subcontractor fees, etc.) in the 3 days since signing. It seems excessive. See: http://www.cslb.ca.gov/Consumers/Consumers.aspx

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation...
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Q: Is the "Home Repair and Remodeling Act" in Illinois still in effect?

2 Answers | Asked in Business Formation, Business Law and Construction Law for Illinois on
Answered on Feb 20, 2017

Yes, it is certainly still in effect, and is the source for a great deal of litigation in Illinois. If you are contemplating starting a carpentry business, I would highly recommend you consult with an attorney prior to doing so, as it will save you a great deal of time, stress, and money in the long run.
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Q: i built a house for an owner/builder. did not receive final pay. am i considered day labor? all materials were provide

1 Answer | Asked in Construction Law for Colorado on
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.

Unrelated, it is highly recommended that you always establish a written contact prior to beginning work. The contact does not need to be complex. Simply listing: (1) the parties; (2) the work to be...
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Q: If a homeowner signs a contract for renovations and are not provided addendums to the conract is the home owner liable?

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Answered on Feb 14, 2017

There is nothing wrong with requesting documentation of additional work performed and the authorization to perform that work. If the work was not authorized, then generally, he would not be able to collect from you. However, there are other legal theories under which an argument could be made to be paid for that work. I would suggest a consultation with an attorney, particularly if a lien is filed on your property.
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Q: Are Preliminary Notices and Mechanics Liens enforceable on an out of state Contractor? We are in California.

1 Answer | Asked in Construction Law for California on
Answered on Feb 10, 2017

Yes, they may be enforceable if the contractor has availed itself of CA's jurisdiction. If you've formed a contract with this entity, that may suffice as a basis for jurisdiction here in CA since you're in CA. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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Q: The owner of the building is lying and not claiming to be the actual owner. There is too much construction.

1 Answer | Asked in Real Estate Law, Construction Law and Landlord - Tenant for California on
Answered on Feb 9, 2017

This sounds like a possible breach of contract and a violation of the implied warranty of habitability and implied warranty of quiet enjoyment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: Damages on commercial property. Severe damage to my building from my neighbor's trees and landscaping.

1 Answer | Asked in Real Estate Law, Business Law, Construction Law and Municipal Law for California on
Answered on Feb 7, 2017

It sounds like your neighbor would be responsible. There are plenty of unanswered questions, and this may actually be more of a tort law issue than a real estate one.

Have you consulted an engineer and/or architect regarding the cause of the structural damage? If it was either the earth work or the plants themselves, it sounds like your neighbor is responsible, but it will be important to know and have evidence regarding the causation.

Take photographs, get statements from...
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Q: I paid my contractor eight grand for a job that was done horribly

1 Answer | Asked in Construction Law for Illinois on
Answered on Feb 5, 2017

You certainly do not have to try to work it out amicably, but it may be in your best interest to attempt to resolve the matter prior to filing suit, as there are costs associated with filing suit that will likely never be reimbursed. In any event, I would recommend organizing all information relevant to this situation, including the contract you had with the contractor, and consult with an attorney individually. A knowledgeable attorney will advise you as to your options moving forward, which...
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Q: What happens to a case if a contractor who filed a lien and a lawsuit to foreclose on it then files for bankruptcy?

1 Answer | Asked in Bankruptcy, Collections, Construction Law and Consumer Law for New York on
Answered on Feb 4, 2017

You may be able to file as a creditor or file a judgment lien in his bankruptcy case, if applicable. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...

Q: How do I litigate an improperly imposed 4th waiver?

1 Answer | Asked in Construction Law, Criminal Law, Civil Rights and Constitutional Law for California on
Answered on Feb 3, 2017

You can hire private counsel. Or, you can appeal the decision yourself. As the case is a CA state court matter, federal court is not an option for an appeal. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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