Construction Law Questions & Answers by State

Construction Law Questions & Answers

Q: Is it against the law to ask someone to commit federal fraud?

1 Answer | Asked in Business Law, Construction Law, Criminal Law and Federal Crimes for Kentucky on
Answered on Apr 18, 2018
Timothy Denison's answer
Yes. That is against the law. Don’t do it.
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Q: Need insurance law attorney-toxic mold-severe damage to family's health.

1 Answer | Asked in Personal Injury, Products Liability and Construction Law for Florida on
Answered on Apr 14, 2018
C.B. Upton's answer
I am sorry to hear about your situation. My law firm handles insurance claim denials. I would be happy to provide you with a free consultation. You can complete the form on our website at www.uptonfirm.com, email us at info@uptonfirm.com, or call me at 850-792-5291.
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Q: Coop board wants me to fix a patio that I had installed that they claim is pooling water into the stoop. Do I have to?

1 Answer | Asked in Real Estate Law and Construction Law for New York on
Answered on Apr 14, 2018
Michael David Siegel's answer
Hire an engineer or architect to state that fact. Submit formal report to board.
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Q: Do I retain right to sue a contractor if I pay the claim amount of mechanic lien in order to close sale of my house?

1 Answer | Asked in Construction Law for Florida on
Answered on Apr 11, 2018
Terrence H Thorgaard's answer
I am working on this, per our previous conversation.
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Q: If the arresting charge is dropped. Then is any evidence found in search incident to arrest "fruit of a poisonous tree"?

1 Answer | Asked in Criminal Law, Traffic Tickets, Construction Law and Legal Malpractice for Georgia on
Answered on Apr 6, 2018
Forrest Clinton Barbour's answer
Could be. Need to know a little more information. Why were you stopped? Did officer claim to smell marijuana? There are other reasons to search besides search incident to arrest, and even search incident to arrest doesn't automatically allow a police officer into the car. Feel free to give me a call - 770.461.2025.
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Q: The city I live in replaced all the main sewer lines this past summer about 8 months ago. Since then, three houses in a

1 Answer | Asked in Construction Law, Consumer Law, Land Use & Zoning and Real Estate Law for Ohio on
Answered on Apr 3, 2018
Joseph Jaap's answer
The neighbors should band together and hire an engineer to inspect and determine a cause for the problem, then the neighbors can retain an attorney to review the situation, talk with the city, and try to find a resolution.
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Q: Can the county require us to install a septic alarm system to sell when there wasn't one there when we bought the house?

1 Answer | Asked in Real Estate Law, Construction Law and Municipal Law for Michigan on
Answered on Apr 2, 2018
David Soble's answer
The law and requirements could have changed since you purchased the property. A septic inspection is required for most communities to issue a certificate of occupancy as well as for most lending institutions that will fund the purchase of the transaction. I would check to see if the alarm is now part of their municipal code / regulations, if it is, you are unfortunately stuck.
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Q: Can I withhold payment for a sub standard structure that a contractor insists on ok. The structure is no way up to code.

1 Answer | Asked in Contracts, Construction Law and Small Claims for Florida on
Answered on Mar 28, 2018
Andy Wayne Williamson's answer
This can be a tricky issue. Typically if you withhold payment the contractor may file a lien against your property. However, the ability to lien depends upon a variety of factors.

I suggest that you would consult with a construction litigation attorney from here in the area to get a thorough evaluation. I am located in South Walton County if you would like to speak with me regarding the issue.

You can find my listing using the find a lawyer feature of this site.

Good...
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Q: Someone crashed their car into the side of our house — can we sue the driver or drivers auto insurance ?

1 Answer | Asked in Car Accidents, Products Liability, Real Estate Law and Construction Law for New Jersey on
Answered on Mar 26, 2018
Peter Munsing's answer
Get an estimate for restoring the well using the origninal materials. Run it through your homeowners they will go after the guy, get back your deductible is the easiest way. Make a calim against him. Questions? Contact a member of the NJ Assn for Justice.
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Q: I know I'm sued for some money. But I've never served officially. Do I wait or ask them to serve me properly?

1 Answer | Asked in Consumer Law, Contracts and Construction Law for New York on
Answered on Mar 15, 2018
Michael David Siegel's answer
The case is likely efiled and viewable online. Playing the service of process game serves no purpose here. I would just look up the complaint and answer. The lien is the victory for them.
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Q: Can I get my house free or a lower price on the land contract due to repairs and problems the owner neglected to fix

1 Answer | Asked in Contracts, Construction Law and Land Use & Zoning for Ohio on
Answered on Mar 14, 2018
Joseph Jaap's answer
Buyer and seller must follow the written terms of the land contract they signed for purchase and sale, including the purchase price. A buyer can notify the seller of problems and try to renegotiate, but the seller is under no obligation to agree to any changes. Use the Find a Lawyer tab to retain a local real estate attorney who can review the land contract and all the other facts of the situation, and advise you about your options.
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Q: If my contractor sues a sub-contractor do I have to be involved in any way?

1 Answer | Asked in Construction Law for Illinois on
Answered on Mar 11, 2018
Steve McCann's answer
It depends on specific facts that are not provided here. Assuming you are a homeowner who hired the contractor suing the subcontractor, you will more than likely be called as a witness for depositions and/or trial.
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Q: Do I have case when contract calls for painting existing cabinets and installing custom cabinets.

2 Answers | Asked in Contracts and Construction Law for Florida on
Answered on Mar 9, 2018
Terrence H Thorgaard's answer
It's probably not fraud, but appears to be breach of contract on the part of the contractor.
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Q: What is the best way to fight errors made by a builder on an option contact after the contact has been signed?

2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Answered on Mar 5, 2018
Terrence H Thorgaard's answer
Start by asking them to re-do it the way you ordered.
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Q: We purchased a flipped home that we were made to believe was in good condition it is not

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Construction Law for Virginia on
Answered on Feb 25, 2018
Richard Sternberg's answer
Sounds like you need a lawyer to evaluate whether you have a claim for treble damages plus attorneys fees and costs.
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Q: We got a local building permit - when our contractor says it'll be built to code, he means state not local codes, right?

1 Answer | Asked in Construction Law for Florida on
Answered on Feb 23, 2018
Terrence H Thorgaard's answer
No. "Built to code" suggests all applicable codes, state and local.
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Q: Are construction contracts regulated?

1 Answer | Asked in Construction Law for Illinois on
Answered on Feb 23, 2018
Steve McCann's answer
Yes, they are, but the specific requirements depend on specific facts that are not provided here, such as the location and nature of the work being performed. That being the case, I recommend organizing the contract and anything else you believe is relevant to this matter, and consulting with an attorney individually to discuss your options moving forward.
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Q: Our contractor has skipped town after making some shoddy repairs to our house - what's the next step here?

1 Answer | Asked in Construction Law for California on
Answered on Feb 23, 2018
Gerald Barry Dorfman's answer
Check your contract for an arbitration clause, but generally, make a claim on the bond, file suit, contact the Contractor's State Licensing Board. Of course get estimates and make repairs (at the evry least enough to keep from making things worse.)
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Q: what can i do about dhs and local law enforcement participating in an illegal search and seizure! And taking my child o

1 Answer | Asked in Civil Litigation, Construction Law, Federal Crimes and Family Law for Mississippi on
Answered on Feb 19, 2018
Arthur Calderon's answer
It depends on the facts of your case, and the reasons behind the search and taking the child away. You will likely need to consult with an attorney to gather more facts and determine whether you have a viable claim.
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Q: Is it legal for a general contractor to backcharge for "quality issues" that were not previously addressed?

1 Answer | Asked in Construction Law for Ohio on
Answered on Feb 12, 2018
Joseph Jaap's answer
Check your contract for any dispute resolution procedures. If there are none, then your choices are work out a settlement, mediation, arbitration, or litigation. Use the Find a Lawyer tab to consult a local construction litigation attorney.
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