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Construction Law Questions & Answers
1 Answer | Asked in Contracts and Construction Law for Indiana on
Q: Can the city decided to cancel the contract and do the demolition themselves.?

I have a contract with the city parks and recreation to tare down 2 horse barns, for the lumber. No cost to the city. I still have to pay my employees. No finish/completion date was set in the contract. Can the park superintendent decide to have city employees take the barns down an cancel the... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 28, 2020

An Indiana attorney could answer best, but you await an answer for four weeks. It could depend on the terms of the contract, particularly if it contained any provisions for cancellation. One option might be to review the contract with an Indiana attorney. COVID-related defenses have been used in... Read more »

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Signed contract summer 2019 for home work to be done in 20 days. Can I cancel?

Seen no one since Feb 2020. Paid 75% of contract which is more than itemized completion. Contractor is working on new jobs. He doesn’t contact back when I text or call. I just want to hire someone to complete our house.

Donald C Eby
Donald C Eby answered on Nov 25, 2020

Likely, yes you have a basis to claim that the contractor has breached the contract and demand a return of your payment and damages.

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Texas on
Q: As a recent property owner, there's a pipeline easement that was recently purchased by the developer.

They are requesting a "contribution" in a contract agreement to abandon the easement. Do I have to pay any "contribution" requested from the easement holder to abandon the easement? What are my options to terminate the easement that has not been in use for over 40 years and is no longer be needed.

Teri A. Walter
Teri A. Walter answered on Nov 24, 2020

It sounds like the developer is trying to make arrangements for an agreement to abandon the easement. If they're asking for a "contribution" that sounds like a voluntary thing, but it's not clear where the easement runs. If you are one of the property owners across which the... Read more »

1 Answer | Asked in Construction Law, Environmental and Real Estate Law for Texas on
Q: We need to sue a developer and the county permitting office but cannot afford a lawyer. What can we do?

.

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

It is unlikely that you will be able to sue the county permitting office - there's a principle called "sovereign immunity" that prevents most suits against government agencies or employees.

As to the developer, it's impossible to tell you what needs to be done without...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Colorado on
Q: Contract/money exchanged for a remodel project with ho-owner in Early September. HO wants to now cancel and get refd

Time and material cost and possible of it changing was made clear from the start. Order was delayed and arrived wrong (this last monday). Lumber company was willing to except fault for mistake and meet us half way on materials cost increase. Homeowner eminently cancels and whole project and demands... Read more »

Donald C Eby
Donald C Eby answered on Nov 22, 2020

You ask a lot of great questions. I suspect that you do not owe a full refund and I question the homeowners right to cancel. But, the answers to these questions are found in your contract. I recommend you bring your contract to an attorney to have it reviewed along with your facts and expenses.... Read more »

1 Answer | Asked in Construction Law for North Carolina on
Q: Can I sue the builder for removing my Lawn

Recently moved to a new house. The community is new and the builder just started work on the lot beside my house. He removed 18inch lawn from my property thinking that it belongs the other lot with out even asking me or checking the plot map. Can I sue the builder for what he has done? he said he... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

A North Carolina attorney could advise best, but your question remains open for four weeks. The decision to sue is yours to make. You mention wanting to take legal action, but your description mentions that the builder expressed a willingness to fix the damage. Depending on the dimensions of your... Read more »

1 Answer | Asked in Construction Law and Consumer Law for North Carolina on
Q: My contractor is saying there is a law in NC for a 50% percent deposit for remodeling. Is this true?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Nov 5, 2020

There is no such law requiring a minimum 50% deposit. You will find the following information about hiring a contractor: https://www.nclicensing.org/consumerAwareness.asp (copy and paste the link into your browser).

1 Answer | Asked in Construction Law for Texas on
Q: What is the minimum depth for cable burial in arkansas
Tim Akpinar
Tim Akpinar answered on Nov 5, 2020

An Arkansas attorney could advise best, but your question remains open for four weeks. At this point, you could try reaching out to a Professional Engineer in Arkansas or to the Civil Engineering departments of major Arkansas electric utility companies if you are asking about electrical cable, and... Read more »

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: Hi, I entered into an agreement to purchase a modular with a stick built roof from a local GC. They initially requested

They requested a deposit of $1000 and in the agreement it says I agree to buy a home. The salesman told me this locks in my material costs for 30days. I hadn't closed on my existing home sale at the time and he told me not to worry everything would get going within 30 days. Lender he... Read more »

David Allan King
David Allan King answered on Oct 28, 2020

It's difficult to say without doing a full consultation that includes reading the contract and getting more information. However, as a general matter, a successful breach of contract claim will include the cost of lost profits. This is because the court is trying to put the plaintiff in the... Read more »

1 Answer | Asked in Construction Law for Iowa on
Q: Is there a law in Iowa called Line of Sight? If so, what options do we have if roofer didn’t adhere to Line of Sight?
Austin J Luse
Austin J Luse answered on Oct 28, 2020

While I have not personally dealt with this issue before, the State of Iowa does adhere to the Line of Sight rule.

Here's the relevant Iowa Code section for this issue:

15.44

b. When a loss requires replacement of items and the replaced items do not match in quality,...
Read more »

1 Answer | Asked in Elder Law, Real Estate Law, Construction Law and Lemon Law for Oregon on
Q: I purchased a 1971 mobile home in October 2019 October. I started having major problems right away

Roof leaking . Kitchen cabinets falling in. Bathroom plumbing backed up. Kitchen sink leaking which took 5 times to fix. Ceiling leaks in bedroom, bathroom, and smaller bedroom, and around the front door. I was told the house was worked on by professionals, yet when I tried to get information... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 27, 2020

I recommend you contact the Oregon Dept. of Justice's Consumer Protection hotline at 503-378-4320 or toll-free in Oregon at 877-877-9392.

As you've learned, inspections should always be done before purchasing.

Because you are low income Legal Aid Services of Oregon may be...
Read more »

1 Answer | Asked in Construction Law for Ohio on
Q: I hired a roofer to put a new roof & gutters on but 5 months later they are still not done.

I hired them in May and its the end of October and they have only 10 percent left to do. I have paid them 2/3 of the contract but I cant get them to come out and finished the job. they keep telling me they are really busy. Can I just not pay them the rest and hire someone else to finish or do I... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 23, 2020

If you hire someone else to finish, the roofer can put a mechanic's lien on your house. That will make things messy. The roofer's contract might not have had all the required consumer protection terms, so if it went to court, the contract might be deemed invalid. If the roofer... Read more »

1 Answer | Asked in Construction Law for California on
Q: Home remodel went 70% over budget—and contract is fuzzy. Do we still owe our general contractor his 15% final payment?

Our G.C. said he could remodel and expand our small, 50-year-old Calif. home for $300,000 and complete in 8 months. After 11.5 months, we insisted on moving back in even though it was not completed. Total cost for labor/materials so far has been around $470,000. Due to the delays, we had to pay an... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Oct 21, 2020

Home Improvement Contracts are required to be in writing and for a fixed price, have a fixed completion date and have certain other requirements.

https://www.wolfflaw.com/legal-requirements-and-concerns-for-home-improvement-residential.html

Have an experienced Construction...
Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law, Constitutional Law and Construction Law for Alabama on
Q: Is there any federal law that will help someone fight an adverse possession on a 6 foot fence being built on a 400 foot

On a 400 foot track of land inside the city limits. The person that is the trespassor s. Has had the business. For 42 years and the person that ownes the surveyed land has only had it for 4 years.

Anthony M. Avery
Anthony M. Avery answered on Oct 19, 2020

There is no Federal Law which will control here. And the adjoining landowners have probably acquiesced to the fence being the boundary line irrespective of deed legal descriptions. You can sue for a boundary dispute, but you will probably lose irrespective of your survey evidence.

1 Answer | Asked in Construction Law for Florida on
Q: Who is liable for pool access safety when the contractor fills the pool but construction is not finished?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 8, 2020

Both the contactor and the homeowner are potentially liable.

1 Answer | Asked in Construction Law and Land Use & Zoning for Alabama on
Q: someone is building a houseing develment behind my house on a hill they put in a retainer pond that runs off in my yard

what can i do about that ?

Tim Akpinar
Tim Akpinar answered on Oct 6, 2020

An Alabama attorney could advise best, but your question remains open for four weeks. The manner in which surface water run-off is treated under the law can differ throughout the nation, depending jurisdiction. It could be governed by common law doctrine, state law, or possibility municipal and... Read more »

Q: I want to avoid having the trees that separate my yard and my neighbor's yard cut down or removed. Is there a way?

They've been there for well over 50 years now and they provide shade and privacy for our yard. We haven't had any issues until new city folk came in and started disturbing land and removing things around the tree line. I just want to keep the trees.

Ben Corcoran
Ben Corcoran answered on Oct 6, 2020

It depends on whose side of the line the trees are on. If the trees are on their property, they can remove them, and there is nothing you can do about it. If the trees are on your property, then they are not allowed to interfere with your property.

If you have any questions about where the...
Read more »

1 Answer | Asked in Constitutional Law, Construction Law, Consumer Law and Small Claims for California on
Q: I am a homeowner in Ca I hired a contractor to do painting around the house. I am I in my rights to fire the contractor.

I hired the contactor to do painting around the house. The job is not being done correctly or at all.

Maurice Mandel II
Maurice Mandel II answered on Oct 5, 2020

You have the right to terminate any contract at any time for any reason BUT you cannot terminate all contracts without penalty. Meaning, if you terminate the contract without "good cause" you may have to pay the other party some damages. Now you say that they are not doing it... Read more »

3 Answers | Asked in Construction Law for California on
Q: My home has been under construction for 3 years because my contractor has delayed and works very minimally. What do I do

It was demo’d for a whole year and a half to the point where water was leaking in the existing portion. He keeps asking for money and changing the agreement. We are way over budget and now we are waiting for the inspector. The permit is potentially expired so he would have to renew. He framed... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Oct 3, 2020

It seems you may not have a very good contractor, and he may not have the best skills.

Does your contract have a firm completion date?

Have you made changes to the contract since it was signed?

You should consult with an experienced construction attorney.

View More Answers

1 Answer | Asked in Workers' Compensation and Construction Law for Illinois on
Q: I don't have worker comp. I use sub. how can I put the responsibility on sub if anything happens to its laborer?

as a contractor, I do not have worker compensation insurance. I hire people to do the job. how can I protect myself from job site injuries happening to any of the laborers.

Charles Candiano
Charles Candiano answered on Sep 28, 2020

Easy. You require that any Sub provide proof of WC insurance BEFORE you agree to do business with them and keep a copy on file. This does not mean that you MAY be on the hook if the Sub's WC coverage lapses and someone is injured. It's the best you can do.

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