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Construction Law Questions & Answers
1 Answer | Asked in Criminal Law, Construction Law, Federal Crimes and Gov & Administrative Law for Kentucky on
Q: Our sheriff has pergerd himself in court, planted evidence even signed a judges name on search warrants who can fire him

He has shown he will break the law how can he still arrest people and testify after showing he will break the law He was caught on camera planting evidence

Timothy Denison
Timothy Denison answered on Jan 17, 2020

Same answer as the other questions.

2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: When is a fence contrator responsible for underground damages?

Fence contractor dug through my outside sewer line. Contract states they are not liable for unknown obsticles such as sewer lines. My question lies in do they carry any liablity in that they never informed us of the damage and moreover actually placed the fence post and concrete footing into the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 14, 2020

If their contract says that, and you signed it, then they might not be liable.

But they might not have followed all the consumer protection requirements to give you notice of 3 day right to cancel, etc. If those were required, and they didn't, then that could void their contract, so they...
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1 Answer | Asked in Civil Rights, Construction Law, Consumer Law and Real Estate Law for Nevada on
Q: Is having no hot water in the house for 5 days and a two year old in the house with me considered as an emergency?

Home owners insurance company stated that it is not an emergency to have no running hot water for five days and a two year old in the house. That because it's a plumbing issue even though in they're policy it states otherwise.

Tim Akpinar
Tim Akpinar answered on Jan 5, 2020

I'm sorry for your ordeal with a baby in the house. You could review the policy with a Nevada attorney, but if it is similar to most homeowner policies, the circumstances you describe might not be covered. Every policy is different and without seeing your policy, it's difficult to guess what it... Read more »

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: We were hired at closing to repair a shower pan put up insulation and a moisture barrier homeowner will not pay a penny

For work completed she claims it’s not right however we have tried to make things right and make her happy she won’t let us on property she says we needed a license and permits which is false what grounds do we have to get paid for work completed

Paige Kurtz
Paige Kurtz answered on Jan 3, 2020

Depending on how much you are owed, you could pursue the matter in small claims court. The maximum allowed is $10,000. Also, contractors that have provided materials and labor to property may have lien rights against the real property.

1 Answer | Asked in Construction Law for North Carolina on
Q: Do electrical and pluming subcontractors working under a general contractor require to be licensed?

As I understand it, general contractors in NC are not required to be licensed for construction contracts under $30,000. Does that apply for any subcontractors the general contractor may hire to complete the overall construction contract / project?

Paige Kurtz
Paige Kurtz answered on Dec 30, 2019

Any subcontractors hired by the general contractor should be performing work included in the scope of the general contractor's contract. Thus, the general contractor's contract would have to exceed $30,000 if the sub's contract exceeds $30,000.00. Subcontractors work under the supervision and... Read more »

1 Answer | Asked in Contracts and Construction Law for Arkansas on
Q: can a supplier of shingles come after me, the property owner for the cost of shingles already paid to the contractor?

The shingle company is trying to hold me up for the cost of shingles that the contractor did not pay for though I have no contract with them.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 25, 2019

Unless you were in cahoots with the contractor and the supplier of the shingles can prove it you may be in the clear. On the other hand, since you have a claim against the contractor why not agree to help the supplier get the money you paid to the contractor?

1 Answer | Asked in Contracts and Construction Law for Maryland on
Q: I'm trying to start a business in MD. I have signed a contract with a construction company in VA in june 2019.

The construction company is taking their time to do the work and right now its December. How long does the contraction company have until he finishes my business renovation if there were no dates in the contract? I go to the job site everyday and they might be only working one or two days out of... Read more »

Mark Oakley
Mark Oakley answered on Dec 20, 2019

You will need to meet with a construction law attorney to go over all the details. You do not state, for instance, what percentage of the contract work has been completed, and of course, the contract terms need to be reviewed for both determining obligations and remedies. The law generally writes... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Construction Law for Ohio on
Q: We built a home almost 3 yrs ago and the leach field failed within months. It took the builder 2 1/2 yrs to fix can I ??

They still haven't taken care of warranty work they promised to do as recent as 2 months ago up till this last conversation and now that I said we were done with the games he now has sent me a bill for money that was owed at one time but he waived as good will gesture because of how long it took to... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 16, 2019

Cannot imagine that the work taking 2 1/2 years did not breach at least a portion of the contract. Was it properly permitted and installed by a licensed installer? The emails may establish a waiver. Have you been able to stay in the house? I would imagine that an occupancy permit was not issued.

1 Answer | Asked in Construction Law and Contracts for Maryland on
Q: Developer states "he never agreed" to build facilities despite being listed in sales contract. What is our recourse?

This a brand new community. It's labeled as a recreational facilities agreement. It states: "The developer shall contract the following for the Largo Town Centre: ..." However, the community name is Largo Creseant. I find it odd that they would build a gym, gazebos, and tennis courts away from the... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 12, 2019

You should consult local counsel to see what options you have. Without seeing the agreement it's hard to say whether anyone breached the contract.

1 Answer | Asked in Construction Law for California on
Q: In California, if a contractor working on your home does damage to property, are they required to pay for defect repair?

Scaffolding company put their scaffolding on a small decorative wall and cracked it. The house is 90 years old, the wall was standing strong. But when cracked it is apparent the wood inside is gone. But it really did not matter as the stucco was thick and intact. The scaffold company claims they... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 10, 2019

He is probably right about the dry rot.

That was already there before they came along.

It’s probably good it was discovered as it could have gotten much worse or even dangerous!

1 Answer | Asked in Contracts and Construction Law for Pennsylvania on
Q: Is Statue of Limitations extended if contractor promises to address issues and concerns and never does? Worknotcod

No comments.

Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

No, not automatically as a general matter. But parties can extend the statute of limitations through a written agreement if they are both willing to do so. Good luck

Tim Akpinar

2 Answers | Asked in Employment Law, Business Law and Construction Law for California on
Q: I work for a contractor and he's been waiting on payment from a corporation since June of 2019 . What is taking so long?

The contractor I work for was doing a job for a company called CFS Complete Facility Solutions. We did construction work for them at a Taco Bell. We completed the job and during that process. A corporation called Cushman and Wakefield bought CFS. The contract says they have 90 days to pay us and... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 6, 2019

If you are an employee of this contractor, your employer cannot make you wait for your pay until a client pays. You are entitled to payment on regularly designated pay days.

As to why there is a delay, there could be any number of reasons and no one here can know that answer. There are...
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1 Answer | Asked in Construction Law and Real Estate Law for Florida on
Q: a lawn service put a construction lein on property i rent say i own money when i don't. how do i fight it.
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2019

If I understand your question correctly, you are the tenant, not the owner. So what do you care?

1 Answer | Asked in Contracts, Construction Law, Internet Law and Libel & Slander for Arizona on
Q: Can a 3rd party contractor sue for negative online reviews if no money exchanged hands

We are a 3rd party contractor for Home Warranty companies. And customers of the home warranty company are posting negative online reviews, some for reasons out of our hands, due to our restrictions in our contract with the home warranty company. Can we issue a cease and desist and sue if the... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 21, 2019

If you consulted with an attorney regarding such a letter or legal action, they would likely want to see each individual review. If they're negative, it's possible that in itself is not necessarily actionable. An attorney who deals with defamation would examine if they were false and harmful, among... Read more »

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Q: Is there anything that can stop construction of something on neighboring property that will lower my property value?
Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Not if the structure will be in compliance with zoning and other laws, and the project is run in compliance with OSHA, environmental, labor, fire & safety, and other codes. Your question remained open for three weeks. Those are some general considerations. You could consult with an Indiana attorney... Read more »

1 Answer | Asked in Contracts and Construction Law for California on
Q: Construction: Can a client require a materials/ Labor breakdown before issueing payment on a signed contract?

We submitted billing for a partial contract amount, waited for two months only to find out that the general contractor is requireing us to submit a materials/ labor breakdown. This was not stated in the initial signed contract and in my opinion is a breach of what I consider to be trade secrets.

George W. Wolff Esq.
George W. Wolff Esq. answered on Nov 14, 2019

Normally if you have a fixed price contract, the other party cannot ask to see your labor and material costs.

The contract you have might require this, or require a list of your subcontractors, so please review your contract in detail or have legal counsel do so.

1 Answer | Asked in Civil Litigation and Construction Law for Kentucky on
Q: What type of lawyer do I need to sue for a manufacture issue for a mobile home?
Timothy Denison
Timothy Denison answered on Nov 12, 2019

Products Liability.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: as a qualifying agent for a licensed building contractor in florida can i write a contract in my name with their license

and or have no payment made to them just to me and any other trades involved

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2019

No, of course you can't do that.

1 Answer | Asked in Civil Rights and Construction Law for Oregon on
Q: Can the city be held responsible for damages to my water heater from not notifying us when they said they would?

They have been doing work on water mains for over a month and we got 1 letter saying they would let us know when the water would be off but we have not been notified a single time out of dozens and our water heater ran dry multiple times and now is not working properly, i even emailed the city... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 9, 2019

The cost to litigate such a case could exceed the replacement costs to the heater. If other residents in your area also sustained related damages, that could help spread legal costs. That could be something to look into before consulting with a local attorney. Good luck

Tim Akpinar

1 Answer | Asked in Construction Law and Real Estate Law for Nevada on
Q: Should I get an attorney to purchase a new construction home with a major home builder in a new subdivision in Nevada?

I know that the the company has a standard contract that they will not change. I also know that the builder has a very good consumer affairs rating. The state where I currently live requires an attorney for real estate deals, but Nevada does not. I do not know if it will change anything to have an... Read more »

Vincent Gallo
Vincent Gallo answered on Nov 7, 2019

If you feel confident in putting your entire trust and faith in the person on the other side of the deal, that then becomes a personal decision on your part. Also, is the builder being represented by an attorney?

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