Construction Law Questions & Answers by State

Construction Law Questions & Answers

Q: What is the law regaurding witness testimony when the witness admitts to being on and using drugs?

3 Answers | Asked in Criminal Law, Constitutional Law and Construction Law for Texas on
Answered on Feb 12, 2019
Gary Kollin's answer
It will be one of the factors the jury will considered when evaluating the credibility of the witness’ testimony

Q: How can I get a pro bono? I need one for a criminal case. Can you please point me in the right direction.

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Construction Law for Alaska on
Answered on Feb 9, 2019
Gary Kollin's answer
The public defender is the one who provides legal services to the people without funds

Q: va-can poa demand "road impact fee" from owner's builder when not in documents.

1 Answer | Asked in Real Estate Law and Construction Law for Virginia on
Answered on Feb 8, 2019
Richard Sternberg's answer
Your question is barely comprehensible. You need help constructing it. But, I think the answer will turn on the contents of the documents. You need a legal review of all relevant contracts, whether we are talking about the construction agreements, the home purchase contract, or any relevant HOA documents. It might be best to start with buying an hour-long consultation to better understand the question.

Q: My builder walked off the job.

1 Answer | Asked in Construction Law for North Carolina on
Answered on Feb 8, 2019
Timur Akpinar's answer
Doing something like that could possibly lead to further legal problems. There aren't many details here about the underlying contract and transactions between you and the contractor. Whether you choose to try to resolve the matter through direct negotiations with the contractor or through an attorney is up to you, but one option you have is to consult with an attorney in North Carolina to review the terms of the contract, the work performed, the cause of the suspension of work, and to try to...

Q: Can I withhold final payment from my contractor until the work passes inspection?

1 Answer | Asked in Contracts and Construction Law for Colorado on
Answered on Feb 5, 2019
Donald C Eby's answer
Generally, withholding payment is the only leverage a homeowner has against such contractors.

Q: Can you oppose a construction project for health reasons if the prolonged noise will cause you to not be able to rest

1 Answer | Asked in Construction Law for New Jersey on
Answered on Feb 3, 2019
H. Scott Aalsberg Esq.'s answer
You can oppose it for any reason, however township officials know that any project will create noise, traffic problems etc that effect residents, but deem it needed for improvement/modernization.

Q: What are my rights when living in a house we are remodeling for owner and only pay rent when not able to work on house

1 Answer | Asked in Construction Law and Real Estate Law for Colorado on
Answered on Feb 1, 2019
Donald C Eby's answer
Hopefully you have a written lease to validate the $700/mo plan. Otherwise, you likely have a month to month lease which allows either party to change the terms of the lease on very little notice.

Good Luck!

Q: I need help in regards to filing a lien on a construction project or write up a demand of payment letter

1 Answer | Asked in Civil Litigation, Construction Law, Business Formation and Business Law for Oregon on
Answered on Jan 29, 2019
Daniel DiCicco's answer
Sounds like you will need to sue them. I doubt a letter alone is going to dislodge $100k from someone. You need a real threat. Give me a ring and I can look at it with you.

Q: What exactly does misrepresentation of home improvement mean. Whsts been misrepresented?

1 Answer | Asked in Construction Law for Tennessee on
Answered on Jan 23, 2019
Timur Akpinar's answer
This sounds like something on which you should consult with a Tennessee attorney. I do not practice in Tennessee but your question remains open for 4 weeks. As a general matter, misrepresentation occurs when someone enters into a contract or transaction based upon statements or conduct made by the other side that turn out not to be true, for instance, "these building components have a certain fire rating," while it turns out they do not. Misrepresentations can differ by virtue of the mental...

Q: You dream it, we build it Can I use this for my construction company as a slogan?

1 Answer | Asked in Business Law and Construction Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Assuming you don't violate any Intellectual Property rights if others have copyrighted this phrase, and assuming you don't falsely advertise your services and note clearly in contracts and on your website that this slogan is not a literal promise, it might be a useful slogan. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...

Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Illinois on
Answered on Jan 14, 2019
Steve McCann's answer
You are likely entitled to a remedy, but the best course of action is dependent on specific facts that are not provided here, such as the location of the apartment, and whether or not it is subject to the RLTO.

In any event, I recommend organizing everything in your possession relevant to this matter, including your lease, and consulting with an attorney individually. Many of us offer free consultations, and after a thorough review of the facts can advise as to the best course of...

Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
It does not sound like your heating works. Either that or your house is uninhabitable. Landlords have a duty to provide you with a safe and habitable living space. Notify your landlord, in writing (keep a copy for yourself), via certified mail of all the issues with the house and inform your landlord that the issues need to be resolved in a timely manner. If your landlord refuses to fix the issues, it may be said that you have been constructively evicted, which can be a basis upon which a...

Q: The contractor took 6 months to finish a job that per the contract was about 10 days. Can we sue for compensation?

1 Answer | Asked in Contracts, Consumer Law and Construction Law for Florida on
Answered on Jan 12, 2019
Terrence H Thorgaard's answer
Perhaps, but your biggest problem will be calculating damages. Stress, by itself is not normally compensable.

Q: Does You Guys Law Firm Take LawSuits AgainSt The SoCial SerVices In The State Of Missouri In JasPer CounTy MissOuri

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Social Security for Missouri on
Answered on Jan 7, 2019
Timur Akpinar's answer
This is more of a question-answer board. Try reposting your question with some additional details and hopefully an attorney could pick it up to provide some direction after seeing the basis of a suit you're contemplating.

Tim Akpinar

Q: What legal rights do we have against a Contractor?

1 Answer | Asked in Contracts and Construction Law for Illinois on
Answered on Jan 7, 2019
Steve McCann's answer
Your legal rights are dependent on specific facts that are not provided here, such as the precise terms of the contract and the nature of the issues you are having with your home. That being the case, I recommend you organize everything in your possession related to this matter, including the contract, and consult with an attorney individually. Many of us offer free consultations, so it will not cost you anything out of pocket obtain the opinion and guidance of an experienced professional....

Q: Is it legal or is there a fine for entering or driving in a road work zone, if you are not one of the workers?

1 Answer | Asked in Traffic Tickets and Construction Law for Maryland on
Answered on Jan 7, 2019
Lee Eidelberg's answer
While your post is a bit vague, it is possible an Officer could cite you for failing to obey a lawful traffic control device (yes, posted signed are deemed devices) or a comparable violation if you had no legitimate basis for driving in a "work zone." However, a response to your post could be more specific if you indicated whether you were actually cited for a violation - and what the violation or Transportation Article Code section was noted.

Q: Can I sue in small claims a contractor for leaving live electrical wires in a shower?

1 Answer | Asked in Construction Law for Michigan on
Answered on Dec 19, 2018
Trent Harris' answer
Get an estimate from a reputable contractor for what needs to be done, and what it will cost to repair the shoddy work. You need that to prove your damages caused by the first contractor. Then you can sue.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on information you get from internet discussion boards such as this one.

Q: can I sue vinyl siding contractor for faulty work that has rottted my house

1 Answer | Asked in Construction Law for North Carolina on
Answered on Dec 18, 2018
Timur Akpinar's answer
I don't practice in North Carolina but your question hasn't been picked up in four weeks. Based on the limited facts here, a North Carolina attorney would likely have further questions, in terms of how the determination was made that it was the contractor's workmanship or materials that was responsible for the rot. In general, people can sue for any number of reasons, but an attorney in your state who could examine the matter in further detail might be able to provide more insight as to the...

Q: Is an owner allowed to sue me, if the contractor skipped out on the job? I'm just a sub-contractor.

1 Answer | Asked in Construction Law for Illinois on
Answered on Dec 16, 2018
Timur Akpinar's answer
I do not practice in Illinois, but your question hasn't been picked up in four weeks. It could depend on the way in which the contract was drafted.

Tim Akpinar

Q: Can I fire a contractor at will if I find out he is unlicensed? Can he sue me?

1 Answer | Asked in Construction Law for Oregon on
Answered on Dec 14, 2018
Daniel DiCicco's answer
This depends on the nature of the work. Most residential home improvement type work requires that the contractor have a CCB license. You can fire him if he is doing this work unlicensed. He could potentially try to sue you if you have a signed agreement with him- anyone can file a lawsuit. But I think you would have an excellent defense. If you don't have a contract then you can fire him at any time.

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