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Construction Law Questions & Answers
1 Answer | Asked in Criminal Law, Child Support, Constitutional Law and Construction Law for Tennessee on
Q: What does violation of conditions of community supervision mean
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Apr 8, 2020

It is like Violation of Probation. It means that you have violated the terms of your agreement. Depending on your agreement, the jurisdiction, the DA and the Judge, many things could happen. If it is your first time, nothing may happen. You could get a fine. You could be in a situation where... Read more »

1 Answer | Asked in Construction Law and Contracts for Nebraska on
Q: Can a contractor circumvent the law by forcing the property owner to sign a contract that tells them to.

In Nebraska, the law is that a contractor must place a fence 14 inches from any utility lines. If a contractor places a provision in the contract with the land owner that the land owner will be liable for any damage to utility lines as a result of the land owner asking for less than a 14 inch... Read more »

Julie Fowler
Julie Fowler answered on Apr 7, 2020

Unless the State is part of the agreement, a private agreement between parties that they won't follow the law doesn't make the law unenforceable. That being said, it is allowed in certain circumstances for parties to contract for one party to indemnify the other party for costs associated with... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Construction Law for California on
Q: Is there a penalty for backing out of an agreement for an HVAC project that has not started?

I signed a "proposal and purchase agreement" for HVAC work for my home. I signed it on March 15, work is originally scheduled for March 30-April 3 but I had to postpone it until end of April. However, with the economic uncertainty due the pandemic, I might back out of this agreement altogether.... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 4, 2020

Apparently you did not cancel the contract within 3 days, which, theoretically, locks you into it.

As you know these COVID-19 times are very uncertain, and we don't know how the courts are going to rule on the multitude of cases affected by the pandemic that are now before the court, or...
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1 Answer | Asked in Consumer Law and Construction Law for Tennessee on
Q: I paid a contactor to put new roof on. Leaks worse. His insurance says won't pay for bad workmanship. What now?

Insurance says WILL pay for internal damage due to the poor workmanship. Contractor has been saying he is at fault and will fix, but it's been 11 months and I still have tarps on my roof.

Paul E. Tennison
Paul E. Tennison answered on Mar 27, 2020

You could sue the contractor. He breached the contract by performing a job that failed to achieve the desired result of a repaired roof. I recommend you consult with an experienced attorney and examine your options in detail. You may be better off if you act quickly. The statute of limitations is... Read more »

1 Answer | Asked in Business Law, Construction Law, Contracts and Employment Law for Arizona on
Q: if i work for one client at a time and i stake construction without survey license, im within ARS 32-101?

j

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2020

You are not competent to read the law and determine what it means and whether you can do what you are trying to do. While I have not read the law either I can tell you that if ANY Florida law requires any sort of "certification" before anyone can do whatever the law covers, you cannot avoid the... Read more »

2 Answers | Asked in Construction Law for California on
Q: What type of lawyer for defective retaining wall design/construction?

Retaining walls that were to be designed within city requirements to not need a permit. Walls were built, and measurements now show it needed a permit. Also, wall is leaning away from dirt it is retaining, and, after first rain-season, multiple sinkholes have developed on the tiers the walls are... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Mar 20, 2020

You should have an attorney who is experienced in construction law or construction Defect law.

Retaining walls over 3 feet tall also need to be designed by a licensed engineer!

Let us know if we can help.

George Wolff

www.wolfflaw.com

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1 Answer | Asked in Employment Law, Business Law and Construction Law for California on
Q: Coronavirus "stay home" order. Small contractor in San Diego with 5 employees.

We do drainage around homes, structural repair and retaining walls. We work outside. Am I shut down? I'm seeing lots of vague and conflicting information. If I can work do I have liability if someone gets sick?

Neil Pedersen
Neil Pedersen answered on Mar 19, 2020

As you might imagine this has never happened before so there is no resource to know what will and will not be lawful under these circumstances. The best I can say right now, a few hours after the order was issued, is that unless your business is involved in one of the 16 essential government... Read more »

1 Answer | Asked in Foreclosure, Contracts, Real Estate Law and Construction Law for California on
Q: GC filing small claims 4 nonPmt of $10K. Defense argues improper HI contract. How do I find case law that backs me?

2 bathrooms 95% complete (punchlist, barn doors and faucets left). Materials were not in yet (this was the 2nd or 3rd time we were waiting on her), but temps were installed. Left job for 2 weeks due to previously scheduled out-of-town job. Client fired us and refuses to pay for the 2nd bathroom or... Read more »

Donald M Barker
Donald M Barker answered on Mar 10, 2020

"Substantial Performance" is the term you seek: "I ordered 100 flowers and you only brought me 95. I am not paying you." If a party "Substantially Performs" terms of contract, then payment is due, but payment may be prorated fairly.

Here's a link to the CA Jury Instruction, and all kinds...
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1 Answer | Asked in Contracts, Civil Litigation and Construction Law for South Carolina on
Q: can a homeowner sue a contractor if the homeowner has never paid anything ?

Completed two repairs on clients home. He has never paid for either and now is trying to sue me in civil court??

Tim Akpinar
Tim Akpinar answered on Mar 8, 2020

More information is needed, such as if the suit is based on valid damages resulting from a breach. One option is to try to arrange a quick consult with a South Carolina attorney who handles contract matters to review the papers. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Construction Law for Texas on
Q: The day he died, my ex-hub's GF filed a FORGED change-of-benef'ry form to steal his BAC ret $. What can I do about it?

Several months after he died, I was notified that I was still benefcy of his BAC annuities fund. Surprised he hadn't changed this in 8 years since divorce, I called the BAC Intl to confirm details. It was the assisting clerk who noticed the date on a change-of-beneficiary form was the exact date... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 5, 2020

There might be both a civil and criminal case that comes out of this but I notice this question is marked for both Texas and Arkansas. The first thing you should do is figure out WHERE the forged document was USED and then re-post your question in just that one state, no matter where you are... Read more »

1 Answer | Asked in Construction Law and Contracts for Maryland on
Q: Is it legal for a licensed contractor to work without obtaining permit where required by law in Maryland?

I signed a contract to install a concrete slab with flagstone. Also stairs that go up to the second floor of my house. It's come to my attention that this work requires a permit. Is the contractor responsible for pulling those permits? I was never informed it is required by law.

I am in... Read more »

Mark Oakley
Mark Oakley answered on Mar 4, 2020

NO. It is the non-delegable obligation of the contractor to apply for and obtain all necessary permits required by law, per C.O.M.A.R. 09.08.01.08. ("Code of Maryland Regulations"--the MHIC promulgates regulations under the Home Improvement Law, and COMAR is where all such regulations appear).... Read more »

1 Answer | Asked in Construction Law for California on
Q: 1. What is the authority for some California contractors to provide design?

2. What authority if any prohibits third parties from using those designs?

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 26, 2020

You can create and copyright/protect architiectural and other non-structural designs and design building and construction plans for a 2 story wood frame home for building permits without any architectural license.

You can also protect the original aspects of that design by contract and also...
Read more »

3 Answers | Asked in Animal / Dog Law and Construction Law for California on
Q: I'm a construction worker and I was on a job in Lake Forest .Home owner was gone and dog got out.

That dog was in the house and got out the front door and hit by a car. They are trying to blame me. I'm an independent contractor

William John Light
William John Light answered on Feb 25, 2020

Whose fault do you think it is?

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1 Answer | Asked in Construction Law for California on
Q: How can i find out if my owners rep (construction) is in a lawsuit?
George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 24, 2020

You could check the websites of local county Superior Courts, or just ask him.

1 Answer | Asked in Construction Law for California on
Q: What penalties, if any, are there for an unlicensed contractor working at a senior care home?

In the state of California, if you are an unlicensed contractor who is hired by and performs work totaling over $500 at a senior citizen residential facility, are there any specific penalties beyond being unlicensed because it is a senior living home?

Donald M Barker
Donald M Barker answered on Feb 24, 2020

I am unaware of any additional "penalties" for performing works of improvement without a proper license on a Senior Care Facility.

HOWEVER, regardless of the nature of the property/facility, here are your Bigger concerns:

First, you cannot legally collect any monies owed from a...
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2 Answers | Asked in Contracts and Construction Law for Florida on
Q: I contracted with a Florida licensed roofing contractor. Is he allowed to sub my job to another roofer?

My contract is with 'abc roofing'.

'xyz roofing' pulled the permit with a different business name and contractor.

Is this legal?

Charles M.  Baron
Charles M. Baron answered on Feb 21, 2020

Whether a contractor, in any business, can sub-contract out work without first conferring with the customer depends on the language of your contract. However, it's not necessarily the case that "xyz" is a sub-contractor of "abc". In the construction/renovation industry, it's common that the "abc"... Read more »

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1 Answer | Asked in Construction Law for California on
Q: When are you supposed to sign a stop notice release ? Before or after you get paid ?
Donald M Barker
Donald M Barker answered on Feb 20, 2020

After or simultaneously when the payment on the Stop Notice is "Honored," i.e., check clears your bank account or you have cash in hand. NEVER release before payment. If obligor on Stop Notice "all of a sudden" finds a problem with your work or services after you sign the Release but before... Read more »

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: Does it matter if an item to be completed in a building contract appears in top itemized section or under payments?

My GC is claiming items (specifically exterior doors) are not covered in the contract because their installation is referred to under the payment section (ie payment #4 of X dollars required when doors in existing house are installed), rather than in the top section of contract listing type of... Read more »

Paige Kurtz
Paige Kurtz answered on Feb 19, 2020

Based on the information provided, installation of doors is included in the contract. If he doesn't install the doors, then he wouldn't be entitled to the payment that is contingent upon that work being performed.

1 Answer | Asked in Contracts, Construction Law and Small Claims for North Carolina on
Q: Can I sue my GC for damages?

I hired a GC in August (with a written contract) that had an estimated timeline of 6 weeks to completion. It went well in the beginning, but he began to demand advances, which we naively provided via credit card. He continued to demand advances, threatening to walk if we didn't pay, while showing... Read more »

Paige Kurtz
Paige Kurtz answered on Feb 19, 2020

Yes, your damages are any monies paid to the contractor for work not performed. Also, the difference between the costs you were paying this contractor and the costs to fix and/or replace.

1 Answer | Asked in Employment Law, Workers' Compensation and Construction Law for Arizona on
Q: Im on sedentary work and my WC stopped. If Im stuck like this what happens? Full abdominal reconstruction. IME next.

I never received change of status other than the original claim acceptance. I have started to work at non profit for 2 weeks and have not been paid. Ive seen a second Dr by Comp Ins request last week and Scheduled for an IME in another week. Its going on six months since surgery. Surgeon said... Read more »

Joel Friedman
Joel Friedman answered on Feb 18, 2020

Good morning, your question came in late last night. I am confused about your case history, the part about having seen as second insurance doctor last week and scheduled for another insurance examination next week. I can review the claim with you, at no cost, so you have a better understanding what... Read more »

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