Construction Law Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Construction Law Questions & Answers
Q: independent contractor or subcontractor for workman’s comp
1 Answer
| Asked
in
Workers' Compensation, Construction Law and Insurance Defense
for
South Carolina
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Ilene Stacey King's answer
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you on your property, and building sheds is not part of your business, then you are not a general contractor. If you are a general contractor and the sub does not carry workers' comp, then you have...
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you on your property, and building sheds is not part of your business, then you are not a general contractor. If you are a general contractor and the sub does not carry workers' comp, then you have...
Q: In Florida, we paid contractor in cash 11/22/17. They called July/2018 saying they were not paid. Can they do this?
Terrence H Thorgaard's answer
You indicate that "we paid contractor in cash 11/22/17", and that you "have receipt for initial deposit". It is not clear that you have a receipt for whatever balance was due after the initial deposit (which I assume you paid "in cash [on]11/22/17"). If so, show these receipts to the accountant. If not, I suspect you are out of luck; one should never pay in cash without a receipt.
You indicate that "we paid contractor in cash 11/22/17", and that you "have receipt for initial deposit". It is not clear that you have a receipt for whatever balance was due after the initial deposit (which I assume you paid "in cash [on]11/22/17"). If so, show these receipts to the accountant. If not, I suspect you are out of luck; one should never pay in cash without a receipt.
Q: Where can I find Florida law about the size AC unit to support each square footage?
1 Answer
| Asked
in
Construction Law, Consumer Law and Contracts
for
Florida
on
Answered on Aug 2, 2018
Answered on Aug 2, 2018
Terrence H Thorgaard's answer
I'd check the building code applicable in your area at the time the house was constructed, and when you got the home warranty.
I'd check the building code applicable in your area at the time the house was constructed, and when you got the home warranty.
Q: What is the statute of limitations to sue the builder or structural engineer for residential design failure in Colorado?
Donald C Eby's answer
You don't have to wait until the deck fails. The Colorado Construction Defect Act allows 10 years to resolve this type of issue.
You don't have to wait until the deck fails. The Colorado Construction Defect Act allows 10 years to resolve this type of issue.
Q: Signed contract with general contractor. I gave him $19k to start and I have my receipt to prove. My home not finished.
1 Answer
| Asked
in
Contracts, Criminal Law, Construction Law and Small Claims
for
California
on
Answered on Jul 24, 2018
Answered on Jul 24, 2018
Dale S. Gribow's answer
i had a similar thing happen to me................obviously a crook
was he licensed? report to the licensing board? sue in small claims for up to $10k but getting a judgment is just the first step. Then you have to get him to pay.
you can also go to the local court where he has offices and run a civil index to see who else has sued him and what happened with them.
my guess is you will never get what you want and deserve.
i had a similar thing happen to me................obviously a crook
was he licensed? report to the licensing board? sue in small claims for up to $10k but getting a judgment is just the first step. Then you have to get him to pay.
you can also go to the local court where he has offices and run a civil index to see who else has sued him and what happened with them.
my guess is you will never get what you want and deserve.
Q: Does Kansas (City of Wichita) have a law/code requiring disclosure of the height of a restaurant porte cochere?
1 Answer
| Asked
in
Car Accidents, Construction Law and Municipal Law
for
Kansas
on
Answered on Jul 18, 2018
Answered on Jul 18, 2018
Peter Munsing's answer
Bigger problem is if it was close enough that you might hit it you have an obligation to avoid hitting if you could have. For instance if you have a van with a high roof, you would want to get out, check it out, and if close just don't go there.
Bigger problem is if it was close enough that you might hit it you have an obligation to avoid hitting if you could have. For instance if you have a van with a high roof, you would want to get out, check it out, and if close just don't go there.
Q: What do i do if I gave a contractor a deposit and he does not do the work or return calls etc?
1 Answer
| Asked
in
Contracts, Construction Law and Small Claims
for
Connecticut
on
Answered on Jul 6, 2018
Answered on Jul 6, 2018
Max Lavit Rosenberg's answer
You need to hire an attorney with experience in civil litigation and contract law to "light a fire under the contractor" with a demand letter and some phone calls. At worst, you will need the attorney to file a claim against the contractor as well. This is something my office handles regularly. Depending on the amount of deposit, you may wish to file in small claims yourself. You can claim up to five thousand dollars. If you would like more assistance or advice, please feel to contact me....
You need to hire an attorney with experience in civil litigation and contract law to "light a fire under the contractor" with a demand letter and some phone calls. At worst, you will need the attorney to file a claim against the contractor as well. This is something my office handles regularly. Depending on the amount of deposit, you may wish to file in small claims yourself. You can claim up to five thousand dollars. If you would like more assistance or advice, please feel to contact me....
Q: Can I refuse to sign CO for re-roof if I am not satisfied with work done per contract?
Alex McClure's answer
You can always refuse to sign.
That being said there are potential consequences to not allowing the payment to be made, even if you disagree with the quality and finality of the workmanship.
You might want to discuss the issue with the contractor and subs, and with your insurance company before you do anything. Always feel free to seek a consultation with a construction law attorney. Hope this helps.
You can always refuse to sign.
That being said there are potential consequences to not allowing the payment to be made, even if you disagree with the quality and finality of the workmanship.
You might want to discuss the issue with the contractor and subs, and with your insurance company before you do anything. Always feel free to seek a consultation with a construction law attorney. Hope this helps.
Q: Signed Constructn Contrct March28,2018.Suppose to be 6wks to rehab house.Total bid $28k, I gav $19k cash but No workDONE
1 Answer
| Asked
in
Construction Law, Consumer Law and Small Claims
for
California
on
Answered on Jul 3, 2018
Answered on Jul 3, 2018
William John Light's answer
File a complaint with the State Contractor's License Board (http://www.cslb.ca.gov/Consumers/Filing_A_Complaint/).
File a complaint with the State Contractor's License Board (http://www.cslb.ca.gov/Consumers/Filing_A_Complaint/).
Q: Waste company returned unwanted dumpster to my property. Over a month later (and dozens of calls), it's still here.
Alex McClure's answer
You would need to include more details.
Unwanted?
Returned?
Seems that there are some facts missing here.
You would need to include more details.
Unwanted?
Returned?
Seems that there are some facts missing here.
Q: Can I hold the last payment on my pool due to cosmetic errors that needs to be repaired?
Alex McClure's answer
If you do, you risk having a lien placed.
You should consult with an experienced construction law attorney before taking any action so that you dont find yourself in the wrong.
You can use google to locate attorneys near you. Hope this helps.
If you do, you risk having a lien placed.
You should consult with an experienced construction law attorney before taking any action so that you dont find yourself in the wrong.
You can use google to locate attorneys near you. Hope this helps.
Q: If I am injured at a construction site that I was walking past while running an errand for my boss, can I get workers'
Frank Pasternak's answer
I highly recommend that you contact a reputable Wisconsin worker’s compensation attorney. I cannot say for sure but it sounds as though your injury may be covered under Wisconsin worker's compensation laws. I'm happy to provide you a professional referral if you call me at 262-785-0802.
I highly recommend that you contact a reputable Wisconsin worker’s compensation attorney. I cannot say for sure but it sounds as though your injury may be covered under Wisconsin worker's compensation laws. I'm happy to provide you a professional referral if you call me at 262-785-0802.
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...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
