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Construction Law Questions & Answers
1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Environmental for Ohio on
Q: 18acres of a farm adjoining to our farm, is building 90 townhouses . They are removing the woods between us exposing our

They are removing the woods between us exposing our privacy. What rights to do we to protect our privacy ?. And what happens if these new townhouses block our well water or contaminate it?

Joseph Jaap
Joseph Jaap
answered on Feb 6, 2023

If the developer purchased the property with the woods, then it can remove the trees. Talk to the local building and zoning office that issues permits for the construction about your concerns.

1 Answer | Asked in Construction Law and Employment Law for California on
Q: After how many consecutive days of no work, can you determine a contractor has abandoned the job?

California contractor walked out of job claiming he needed payment, and has not returned for 60 days. Job approximately 90% complete and payment of 80% made. However, many errors on project (ie. contractor painted schluter as wrong color installed, 4" vs 6" backsplashed installed,... Read more »

Adam Stoddard
Adam Stoddard
answered on Feb 2, 2023

You may want to get an attorney involved. Often times I have found that simply having an attorney send a demand letter to the contractor, that motivates the contractor to complete the project in a timely manner. I am representing two homeowners right now with a similar set of facts. As soon as I... Read more »

1 Answer | Asked in Business Law, Construction Law and Contracts for Florida on
Q: Can I add a stipulation to a check that finalizes and terminates a contract?

I want to make sure that I my relationship with a contractor is terminated when they cash my check

Jane Kim
Jane Kim PRO label
answered on Jan 31, 2023

Yes, the Florida statute that governs Full and Final Accord and Satisfaction is Florida Statute 673.3111. You have to tender the check with proper notice for it to be effective. Also, it depends what your contract with the contractor says. You can't just write a check for a dollar and call it... Read more »

1 Answer | Asked in Employment Law and Construction Law for Nevada on
Q: I worked for a property owner as a maintenance/handyman and had tools stolen off one of her properties. She

She had a caretaker/security person living on the property and was aware of the tools being on the property. I do have a copy of the police report in my possession. Who is financially responsible, other than the thief, for the stolen tools? I live in Nevada. We did not have a signed working... Read more »

John Michael Frick
John Michael Frick
answered on Jan 30, 2023

Other than the thief, the tools may be covered by the tool owner’s insurance policy. It is not uncommon for individuals who use tools in their occupation to insure those tools against theft.

1 Answer | Asked in Estate Planning, Collections, Construction Law and Land Use & Zoning on
Q: Dependancy & Neglect case, can you file a motion for Judgment and Order for Possession to get your children back?

Your children are considered your property. In a D&N case the children were unlawfully removed under fraud (have proof) the children were removed @ birth. Falsified allegations in order to get an Ex Parte warrant, then removed the allegations from the petition before the 72hr court hearing to... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 26, 2023

Please hire an attorney an immediately. You are in way over your head and none of the things you are thinking of filing have any relationship at all to the legal issues at hand. If you continue to play lawyer you are going to lose whatever is left of your case.

2 Answers | Asked in Construction Law and Contracts for New Jersey on
Q: I had a fire back on September 11. Got a contractor to do the work. The problem is that they never took the permits.

I have a stop work order from the township because the of no permits and since is a 3 family home we need the plans to be draw from a professional architect. I want to get out if the contract and find someone else to do the work. But because the contractor has out we have a contract we need to... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jan 25, 2023

You will need to do what is necessary to obtain a building permit. You may an opportunity to file suit against the first contractor under the for violation of the Consumer Protection Law for home improvements. Speak to an attorney.

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1 Answer | Asked in Employment Law and Construction Law for California on
Q: If people pay me to find them floor installers and to manage them the job do I need to be licensed, insured or anything?

I quote flooring installs in California, find someone to do the job (not my company or employees), charge a percentage of the job for finding a floorer to do the job and make sure the job is done right. I'm not a contractor or anything like that. I just connect homeowners with service... Read more »

James A. Greer
James A. Greer
answered on Jan 24, 2023

Dear Flooring Installation "Manager": This will not be a sugar-coated reply, and so for that I apologize; however, the conduct that you have described violates California State License Law as you are operating as a contractor without a license. "Finding someone to do the... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Construction Law for Louisiana on
Q: Can dotd and contractor be liable for damage to my car from road construction

I bought a car December of 20, in March of 21 I ended up in some road construction work that we were being flagged to drive through. I proceeded to drive through like normal. Until my serpentine belt started squealing pretty much immediately and I asked the flag boy what was that down on the road?... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

Your post suggests that the date of incident is in the year 2021----is that correct? If so, you may be out of time as in Louisiana you have 1 year from the date of incident in which to file your tort claim. If you did file a lawsuit and you have a lawyer representing you in said lawsuit then... Read more »

1 Answer | Asked in Collections, Contracts and Construction Law for California on
Q: Can a home contractor cancel without notice, demand payment in three days, then send to collections during negotiations?

A contractor had two projects on a single dwelling home and only completed one. Attempts made to get the second done were either not answered, or appointments made only to be canceled, for four months after the first part was completed. When the issue was escalated to the contracting company... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

It sounds like there is still a possibility to negotiate a solution which will be most beneficial for both parties. If direct talks are not working, I would to the contractor that a mediation be used. If a resolution cannot be reached, each party has potential claims and only a thorough review... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: If a certified letter is sent and the person does not except it when does the 60 days start the day it was filed in cou

The day it was filed in clerks office or the day it was mailed to the person who did not expect the letter

James Clifton
PREMIUM
James Clifton
answered on Jan 18, 2023

Notice occurs on the date the certified mail was stamped and dated by the post office on the certified mail receipt.

1 Answer | Asked in Consumer Law, Real Estate Law and Construction Law for California on
Q: What kind of lawyer do I need to hire?

I was served a lis pendens for something my contractor told me I didn't need to pay for. The manufacturer of the solar panels served me for non-payment, but I was advised by my contractor not to worry. I want to hire someone to protect myself and my house

James A. Greer
James A. Greer
answered on Jan 17, 2023

Dear Client with recorded Lis Pendens: To answer the question "what kind of lawyer" that you need, the answer is: a construction litigation lawyer. I am concerned on your behalf when you mention that the Solar Panel supplier "served me for non-payment" - this connotes that... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Massachusetts on
Q: 780 CMR Sec 105.1 recently amended w/ stipulation all unpermitted work must be removed? Can you provide actual wording?

Also involved is 780 CMR Sect 114.1 Unlawful Acts, R114 Violations, can you provide actual wording, I cant find on Mass.Gov. I have spent hours looking. I appreciate any help.

Christopher Tolley
Christopher Tolley
answered on Jan 17, 2023

It's in Chapter 1 of the code. Here is a link to Chapter 1: https://www.mass.gov/doc/780-cmr-ninth-edition-base-code-chapter-1-scope-and-administration-amendments/download

780 CMR 105.1 is on .pdf page 8. 780 CMR 114 is on .pdf page 21.

1 Answer | Asked in Municipal Law, Small Claims and Construction Law for Nebraska on
Q: we hired a guy to do our sideing and roof on the house back in september we havent heard from him since what to do
Julie Fowler
Julie Fowler
answered on Jan 9, 2023

I assume that you also paid this person. There are cases of fraud where a contractor accepts payment or partial payment and then leaves the area without doing any work or having the intention to do so. If you believe you may have been scammed, you may want to contact the non-emergency line and... Read more »

1 Answer | Asked in Workers' Compensation, Business Law and Construction Law for Texas on
Q: Construction company in Texas. Waive of Liability for Subcontractor without Worker's Comp?

I am hiring a subcontractor - They do not have workers comp. Can I have them sign a release of liability?

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

Yes, the TWCC has a specific form especially designed for this purpose.

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Landlord - Tenant for Texas on
Q: Seller enters into verbal contract with buyer for two distressed houses. Years later Seller says you were renting!

The home seller in this case specializes in buying extremely distressed properties, hiring cheap labor to fix them up, then offers them to people with poor credit at high interest. One of the contractors who worked on a lot of the houses entered into verbal agreement to buy two houses on two... Read more »

John Michael Frick
John Michael Frick
answered on Jan 1, 2023

Contracts for the purchase of real property are required to be in writing. There is no such thing as a verbal contract to buy a house.

You can verbally rent a house on a month-to-month lease.

1 Answer | Asked in Civil Litigation and Construction Law for Georgia on
Q: Renovations guy ripped me off and closed his business. How should I procced? What happens if he is hard to locate?

Contracted a business (a man and his son) to do some reno work. Most of what they did is unfinished and now he has closed his business. The work was done in GA, where I also reside, but his business is located in SC. I don't live near the area the work was being done so I asked him to send me... Read more »

Michael W. Horst
Michael W. Horst
answered on Dec 30, 2022

Since the work was done in Georgia but his business is located in South Carolina, you have the option to sue him in the Georgia county where the work was done or in South Carolina. Since you live in Georgia, I would file suit in Georgia as it is most convenient for you. In Georgia, magistrate... Read more »

1 Answer | Asked in Construction Law for Illinois on
Q: Can I sue my contractor for poor work after mutually terminating relationship? He refused to finish or fix shoddy work.

Contractor performed stunningly bad work in my 1200 sq ft condo gut job. He did not complete a second bathroom but charged for it. He used the wrong glue, no nails or screws for base moldings and door casings which are now separating from walls.He knowingly installed damaged cabinets, charged me to... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Dec 25, 2022

This seems to have nothing to do with immigration. You ought to Re-categorize it.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Rhode Island on
Q: How can I request to be reimbursed from a contractor on a plumbing job done incorrectly?

Contractor hired last year to redo bathroom. Installed shower valve wrong which lead to plumbing leaks. Had to hire a plumber to rip open walls and fix.

Neville Bedford
Neville Bedford
answered on Dec 21, 2022

A homeowner may file a complaint against a contractor who performed work on their home. A complaint can also be filed against those professionals the CRLB licenses. Complaints cannot be filed on work conducted on commercial properties.

The list of contractors includes, but is not limited...
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2 Answers | Asked in Bankruptcy and Construction Law for California on
Q: Can an insurance still be liable to pay for damages after their client has filed for bankruptcy & license revoked?

A licensed contractor was hired to paint my house. They demolished parts, caused many expensive damages, then abandoned job. State Licensing Board investigated, agreed of damage & license was revoked. Contractor hid to not pay. I filed a claim with their insurance with 3 estimates of each... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 20, 2022

Whether the insurer is obligated to pay out on your claims depends on the terms of the insurance policy, but the bankruptcy itself should not affect that.

You need to retain an attorney if you don't have one (an attorney to proceed against the insurer can probably also deal with the...
Read more »

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1 Answer | Asked in Construction Law, Contracts and Real Estate Law for Michigan on
Q: Does this company have legal rights to lien my property and is this consider a inflated lien?

Hello,

I need some advice. 19 months ago I had a house fire. The company hired to complete the repairs has been a nightmare. Many jobs were done without any input from us on material, improperly, and things are non-functioning. The project was supposed to be completed in 8 month and here we... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 20, 2022

Did your insurance company contract with these people? First call should probably be to them. Second call should be to a local attorney who handles insurance and construction liens.

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