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Construction Law Questions & Answers
Q: My contractor's project manager advised had me write out the checks under his name. LAPD told me to sue the company.
2 Answers
| Asked
in
Contracts, Real Estate Law and Construction Law
for
California
on
Answered on Jun 19, 2018
Answered on Jun 19, 2018
Gerald Barry Dorfman's answer
It is not clear why you signed another contract with this company while your dispute remained unresolved. If you were making progress payments, it is also not clear why most of the work was not completed. You need to get out of a public forum and into a consultation with an attorney promptly. Based on the facts stated here, the LAPD is wrong.
It is not clear why you signed another contract with this company while your dispute remained unresolved. If you were making progress payments, it is also not clear why most of the work was not completed. You need to get out of a public forum and into a consultation with an attorney promptly. Based on the facts stated here, the LAPD is wrong.
Q: I moved two weeks ago to an apartment that is going through construction. Nobody told us it will take 3 months.
Elaine Shay's answer
Depending upon the specifics of your situation and how the repairs impact your tenancy, you may be entitled to a rent abatement or possibly recision of your lease. However, don't expect the landlord to be happy about it or easy to deal with. You may do better retaining an attorney to negotiate a resolution on your behalf.
Depending upon the specifics of your situation and how the repairs impact your tenancy, you may be entitled to a rent abatement or possibly recision of your lease. However, don't expect the landlord to be happy about it or easy to deal with. You may do better retaining an attorney to negotiate a resolution on your behalf.
Q: As a homeowner, where can I find a suitable contract to protect my interests when undergoing a significant home remodel?
Alex McClure's answer
This is something you would want to discuss with a construction law attorney. Its something that would probably be billed hourly, at a typical attorney rate. This way you can get exactly what you need that is SPECIFIC to you and your situation. You will certainly sleep better at night planning ahead, as you are doing by asking these questions now. Hope this helps, and that your remodel goes well.
This is something you would want to discuss with a construction law attorney. Its something that would probably be billed hourly, at a typical attorney rate. This way you can get exactly what you need that is SPECIFIC to you and your situation. You will certainly sleep better at night planning ahead, as you are doing by asking these questions now. Hope this helps, and that your remodel goes well.
Q: Where does it state in Federal or FL law that homeowners are required to maintain pools in same manner they passed insp.
1 Answer
| Asked
in
Construction Law, Personal Injury and Wrongful Death
for
Florida
on
Answered on Jun 7, 2018
Answered on Jun 7, 2018
Tina El Fadel's answer
There is not enough information in this question to answer it fully. If you are renting a property, maintenance of the pool should be listed in you Lease with who is responsible for it. If you do not return the leased property in the same condition you received it, minus some wear and tear, your Landlord could make a claim on your deposit and possibly sue you for damages.
There is not enough information in this question to answer it fully. If you are renting a property, maintenance of the pool should be listed in you Lease with who is responsible for it. If you do not return the leased property in the same condition you received it, minus some wear and tear, your Landlord could make a claim on your deposit and possibly sue you for damages.
Q: What type of lawyer would I need for someone that was paid $4k cash for a job that has yet to be done and nothing to sho
2 Answers
| Asked
in
Contracts, Criminal Law, Civil Rights and Construction Law
for
Texas
on
Answered on Jun 4, 2018
Answered on Jun 4, 2018
Gary Kollin's answer
Since you are intentionally vague as to the nature of the job, I cannot answer your question. However, I also suggested to report it to the authorities if he has a history of doing this
Since you are intentionally vague as to the nature of the job, I cannot answer your question. However, I also suggested to report it to the authorities if he has a history of doing this
Q: I moved out of my apartment. I lived there 2 years. Can my deposit be taken for ware and tare?
1 Answer
| Asked
in
Real Estate Law, Construction Law and Landlord - Tenant
for
New Jersey
on
Answered on Jun 4, 2018
Answered on Jun 4, 2018
Jay Schmerler's answer
Typically you are not responsible for ordinary wear and tear. You may be responsible for any damage caused by you or your guests. It becomes a question of proof and the burden is on your landlord to prove you were the cause. It's unfortunate you did not take pictures. If nothing else, take before and after photos next time just to protect yourself.
Typically you are not responsible for ordinary wear and tear. You may be responsible for any damage caused by you or your guests. It becomes a question of proof and the burden is on your landlord to prove you were the cause. It's unfortunate you did not take pictures. If nothing else, take before and after photos next time just to protect yourself.
Q: Is there a "lemon law" per say on houses? We just found a serious issue after buying in December 2016 that was "covered"
Bruce Martin Broyles' answer
In Ohio, the seller of a home can be held liable for actively concealing defects in the property. The active concealment would constitute fraud and your statute of limitations does not begin to run until the fraud is discovered. Your claim is very dependent upon facts and what evidence you will be able to prove those facts. First, you state: The basement had been freshly painted prior to showing with a very thick paint..." You will have to demonstrate that the basement was painted shortly...
In Ohio, the seller of a home can be held liable for actively concealing defects in the property. The active concealment would constitute fraud and your statute of limitations does not begin to run until the fraud is discovered. Your claim is very dependent upon facts and what evidence you will be able to prove those facts. First, you state: The basement had been freshly painted prior to showing with a very thick paint..." You will have to demonstrate that the basement was painted shortly...
Q: Company failed to disclose retention pond behind new construction of townhome. Can I get out of the contract?
Jake Andrew Snider's answer
The answer to your question will depend, in large part, on the language in the agreement you signed. In addition, it's possible the pictures you were given and the representations made before you signed the contract could come into play, as well. It's conceivable that you have a defense based upon unilateral mistake, mutual mistake, or possibly fraud.
This is a fairly serious issue, and I don't recommend doing something like this pro se. You're going to need to have a licensed North...
The answer to your question will depend, in large part, on the language in the agreement you signed. In addition, it's possible the pictures you were given and the representations made before you signed the contract could come into play, as well. It's conceivable that you have a defense based upon unilateral mistake, mutual mistake, or possibly fraud.
This is a fairly serious issue, and I don't recommend doing something like this pro se. You're going to need to have a licensed North...
Q: Our builder walked off the job leaving us with thousands of dollars work that needs to be corrected.
Jake Andrew Snider's answer
Getting your arms around this dilemma is going to be complicated and will require the assistance of a licensed attorney, preferably someone in your geographic area who is experienced in both construction law and litigation.
It sounds like you technically had a "contract" with the builder; however, it also sounds like the "contract" was primarily oral, which is going to generate all kinds of headaches in determining precisely what the contract terms were. If you have emails and text...
Getting your arms around this dilemma is going to be complicated and will require the assistance of a licensed attorney, preferably someone in your geographic area who is experienced in both construction law and litigation.
It sounds like you technically had a "contract" with the builder; however, it also sounds like the "contract" was primarily oral, which is going to generate all kinds of headaches in determining precisely what the contract terms were. If you have emails and text...
Q: Contractor hired not on the license, nor an employee of the co. in which he said he’s a partner. Is contract valid?
John T. Kontrabecki's answer
The contract is void. A construction agreement entered into with a contractor who is not licensed in the state of California is an illegal contract and therefore void. It may also be fraudulent.
The contract is void. A construction agreement entered into with a contractor who is not licensed in the state of California is an illegal contract and therefore void. It may also be fraudulent.
Q: How long do I have to file a breach of contract claim in a Cleveland-based construction law dispute?
Bruce Martin Broyles' answer
The statute of limitations for a breach of oral contract claim is six years. R.C. 2305.07. "The cause of action arises when the plaintiff discovers the omission to perform as agreed in the oral contract." Aluminum Line Prods. Co. v. Brad Smith Roofing Co., 109 Ohio App.3d 246, 258, 671 N.E.2d 1343 (8th Dist.1996).
The Ohio General Assembly amended R.C. 2305.06, effective September 28, 2012, and the amended version now states in part that an action on a contract or promise in writing...
The statute of limitations for a breach of oral contract claim is six years. R.C. 2305.07. "The cause of action arises when the plaintiff discovers the omission to perform as agreed in the oral contract." Aluminum Line Prods. Co. v. Brad Smith Roofing Co., 109 Ohio App.3d 246, 258, 671 N.E.2d 1343 (8th Dist.1996).
The Ohio General Assembly amended R.C. 2305.06, effective September 28, 2012, and the amended version now states in part that an action on a contract or promise in writing...
Q: How long does a credit app/payment terms stay valid with a vendor? Does it expire? It's been 8 years since filed.
1 Answer
| Asked
in
Bankruptcy, Business Law, Collections and Construction Law
for
South Carolina
on
Answered on May 7, 2018
Answered on May 7, 2018
Timothy Denison's answer
If you actually received the goods, then the app/credit terms is a contract valid until paid or until the statute of limitations in your state expires. If you did not receive the goods per the app/credit terms, then there is no contract and no monies are due.
If you actually received the goods, then the app/credit terms is a contract valid until paid or until the statute of limitations in your state expires. If you did not receive the goods per the app/credit terms, then there is no contract and no monies are due.
Q: Does a HOA have the right to decide if I extend my driveway or not?
1 Answer
| Asked
in
Contracts, Real Estate Law, Construction Law and Land Use & Zoning
for
Alabama
on
Answered on May 2, 2018
Answered on May 2, 2018
Samuel G McKerall's answer
That's a question that can't be answered without looking the HOA's official documents, any subdivision regulations that apply and any local city, town or county ordinances that apply. Here's a short un-researched educated guess (that may or may not be correct): If none of the things or entities listed in the preceding sentence say you can't, then you probably can. The easiest way to find out the law part of it will be to check with your local building department and ask whether you will...
That's a question that can't be answered without looking the HOA's official documents, any subdivision regulations that apply and any local city, town or county ordinances that apply. Here's a short un-researched educated guess (that may or may not be correct): If none of the things or entities listed in the preceding sentence say you can't, then you probably can. The easiest way to find out the law part of it will be to check with your local building department and ask whether you will...
Q: Customer stopped us from completing the job after I refused to do additional work without permits, Sue him for full job?
Andy Wayne Williamson's answer
Sounds like your only option would be to sue for breach of contract by the owner.
Sounds like your only option would be to sue for breach of contract by the owner.
Q: My brother & I formed a site construction co. 3 yrs. ago, It was agreed that my name would not be listed as an owner
2 Answers
| Asked
in
Construction Law, Contracts, Business Formation and Business Law
for
New Jersey
on
Answered on Apr 29, 2018
Answered on Apr 29, 2018
Leonard R. Boyer's answer
You need to retain an experienced litigation attorney who has experience in handling these types of cases. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced litigation attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is...
You need to retain an experienced litigation attorney who has experience in handling these types of cases. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced litigation attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is...
Q: New construction home contract! Our home is supposed to be completed in May 2018. We signed contract in October 2017.
2 Answers
| Asked
in
Contracts, Real Estate Law and Construction Law
for
Tennessee
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Mr. James Charles Wright's answer
Your rights and remedies will be largely defined by your contract. You will need to review it or have a lawyer review it for you. Then you can decide on your best course of action.
Your rights and remedies will be largely defined by your contract. You will need to review it or have a lawyer review it for you. Then you can decide on your best course of action.
Q: Can I sue developer for not completing front yard drainage a year later?
Jake Andrew Snider's answer
The short answer to your initial question is: Maybe. There is a chance you'll be able to sue the developer or possibly the contractor who built the home. You'll need to review the contract; plus when you receive a home like this there may be a warranty of habitability that the failing drainage could interfere with. Of course, you'll need to weigh the cost of filing suit against the cost of simply paying to install the drainage yourself.
Determining the viability and value of your...
The short answer to your initial question is: Maybe. There is a chance you'll be able to sue the developer or possibly the contractor who built the home. You'll need to review the contract; plus when you receive a home like this there may be a warranty of habitability that the failing drainage could interfere with. Of course, you'll need to weigh the cost of filing suit against the cost of simply paying to install the drainage yourself.
Determining the viability and value of your...
Q: Is it against the law to ask someone to commit federal fraud?
1 Answer
| Asked
in
Business Law, Construction Law, Criminal Law and Federal Crimes
for
Kentucky
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Q: Coop board wants me to fix a patio that I had installed that they claim is pooling water into the stoop. Do I have to?
Michael David Siegel's answer
Hire an engineer or architect to state that fact. Submit formal report to board.
Hire an engineer or architect to state that fact. Submit formal report to board.
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