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Construction Law Questions & Answers
1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: We flipped a home 5 years ago, and 2 buyers later, the new buyer is suing us for shouty workmanship.

She is stating the the floors are not level. At first their claim was we finished the basement with non floating walls, but when they found out that the basement was already finished, they are now stating well it must be something we did upstairs.

Donald C Eby
Donald C Eby answered on Oct 15, 2019

You should consult an attorney to assist you in defending yourself against these claims. There are likely other facts that need to be discussed but it is possible that you could make a claim against the Plaintiff for attorney fees to defend yourself against this lawsuit.

2 Answers | Asked in Contracts and Construction Law for Georgia on
Q: what justifies a termination of a contract between two contractors after work has already been preformed mid project

Also have only been partially paid. And this is a verbal contract but i have substancial physical and mathematical evidence to prove my litigation. This is for a residental paint job about half complete

Tim Akpinar
Tim Akpinar answered on Oct 6, 2019

A Georgia attorney could address your question in the best possible manner because your remedies could involve elements of Georgia law. But your question remains open for two weeks. As a general manner, without regard to jurisdiction, such justification could be governed by the terms of the... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Construction Law for California on
Q: Can you please confirm if my interpretation of the BPC code for unlicensed subcontractors is correct:

A licensed contractor sent unlicensed tile installers, (1099 employees, not W-2 employees), to install our kitchen floor. The job was $1,500 plus materials. He claims that since they were "employees," and covered under their workmans comp, they did not need to be licensed. Is this true?

James Alan Greer
James Alan Greer answered on Oct 4, 2019

Homeowner With Question On Licensure: Your thinking about licensed subcontractors is mostly correct (nicely done !). A contractor or subcontractor may perform ANY TYPE OF WORK without a license so long as the whole of the work is LESS THAN $500.00 (the "PennySaver" advertisement type of... Read more »

1 Answer | Asked in Construction Law for Florida on
Q: If a contractor has finished work but the inspection has not been done, am I obligated to make final payment?

They are asking for the final payment but I want to cover myself in case it does not pass inspection.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 3, 2019

Of course it depends upon the terms of the contract. If the contract doesn't say, think about putting the money in escrow pending inspection approval.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Barn door on bid set, but builder is trying to say that we are responsible for purchasing and installing it ourselves.

When we first began our construction process, the floor plans had a bi-fold door on the laundry room in the master bedroom. I had that door changed to a barn door a few months later. The barn door was added to the floor plan BEFORE the budget and final floor plans were signed into contract. In... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 3, 2019

From what you write, it appears that you are in the right. But the contractor may very well have their own side of the argument. In any event, you failed to ask a question.

1 Answer | Asked in Construction Law for Ohio on
Q: I am a contractor and was doing a job. The homeowner decided he wasn’t going to pay me.

Money that is owed to me after completing over half the job

Joseph Jaap
Joseph Jaap answered on Sep 30, 2019

You could file a mechanic's lien for payment. But if you did not follow all the required consumer protection rules and notices, then the homeowner could have the contract cancelled, and you could be forced to return what he has paid. Use the Find a Lawyer tab to retain a local construction... Read more »

1 Answer | Asked in Construction Law and Contracts for Texas on
Q: construct contract 180days stated on contract have passed and owners revenue is piling in the negative,what can be done?

additional verbal 30 days has also come and gone, loss of revenue on original house due to still living in it. Other contract details are not being respected. Stressed to the max, very emotional and now I have even alienated from friends and family. Loss of sleep and ambition.

Tim Akpinar
Tim Akpinar answered on Sep 29, 2019

You should think about contacting a Texas attorney to review the terms of the contract and advising you on what your next steps would be in recovering the money for your performance under the contract. An attorney could outline some of your options, ranging from a letter from a law firm to formal... Read more »

1 Answer | Asked in Construction Law for Colorado on
Q: The shower in my basement is cracked and cannot be repaired, can our builder be held liable

Our house is just about 3 years old. We had the builder finish the basement. Recently our shower in the basement has cracked (shower walls and pan). We had the builder out to inspect this and they wont cover the repair saying that it's cosmetic. Our shower is unusable, and when asked how we fix... Read more »

Donald C Eby
Donald C Eby answered on Sep 28, 2019

You should contact an attorney to assist you with a possible Construction Defect Claim. There is a formal process which provides significant leverage to the homeowner against contractors who poorly construct homes.

2 Answers | Asked in Contracts and Construction Law for Utah on
Q: Customer refuses to pay the remainder amount owed for work done on a construction job I did for him on his house.

So the mechanic lein is only paid if the house is ever sold.

Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

Hello,

I am sorry to hear about this. Are they claiming a defect in the work? Did you have a contract that outlined the work and timing of payments?

In any case you have two remedies, you can usually put a mechanic's lien on the real estate, which will have to paid if the house is...
Read more »

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1 Answer | Asked in Construction Law, Environmental and Land Use & Zoning for Ohio on
Q: Is a rusted barbed wire fence surrounding a private golf course built prior to this ordinance remain legal?

The Ohio club has failed to maintain the barbed wire and it is now falling off the fences and is completely rusted. Our housing complex, which abuts the course, has repeatedly asked for its removal. We are obviously concerned about the danger to children and pets from both the barbs and rust.

Joseph Jaap
Joseph Jaap answered on Sep 23, 2019

Talk to the club, the local building department, or use the Find a Lawyer tab to retain a local attorney to review the facts and advise of your options.

1 Answer | Asked in Construction Law for New Jersey on
Q: How do I file a lien on a property in nj for a unpaid balance for work that was done by my company

Bank issued a payment for the work that was done but the homeowner will not turn over the check to me, so I would like to file a lien on the property so that the bank can not release any funds to another contractor until I have been paid

Leonard R. Boyer
Leonard R. Boyer answered on Sep 17, 2019

You should consult an experienced civil litigation attorney prior to taking any action. I presume that you are a home improvement contractor. If that is the case, your contract must be completely compliant with the N.J.S.A. Home Improvement Contractor Act, otherwise, you are also risking violation... Read more »

1 Answer | Asked in Civil Litigation and Construction Law for California on
Q: The district court judges and clerk violated laws and rights. How and where do I sue the federal judge?

The judges and clerk of the US District court prejudiced against the ProSe for not admitting the crimes the defendants lawyer tried to make up. Then the judges were bias and prejudice so we requested the judge to recuse from the case but refused to do so. After the recusal request, the lawyer... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Sep 10, 2019

You don't sue the judge. Judges are generally immune from civil liability for their actions in court. As a practical matter, they are entitled to latitude, and they don't even have to be right 100% of the time. They have to deal with what they have as best they can. If the ultimate result of... Read more »

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Construction Law for Pennsylvania on
Q: Can i sue the Civil engineer/Architect for fees paid if they fail to deliver the approved plans?

The plans by Civil Engineer and Architect have not been approved by the city as they do not meet codes. I have paid them in full and they are not making any attempts to rectify the issue. I would like to get back the fees I have paid and compensation for my wasted time. What practice area lawyer... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 10, 2019

A trial attorney or litigator.

2 Answers | Asked in Real Estate Law and Construction Law for Colorado on
Q: We are building a home in Colorado and our builder has had endless delays and constant excuses as to why it’s not done.

Our original move in date was July 15, then August 15, August 25, now October 1st. He didn’t even start the foundation clearing until August 25th, it’s not been touched since then. The house is complete (modular) and off site, waiting on the site to be complete.

He is paying for a... Read more »

James Alan Greer
James Alan Greer answered on Sep 6, 2019

Dear Delayed Home Builder: Your question speaks of the phenomenon happening in CO (and other states) whereby the construction industry is "spread thin". I don't mention this to rebuke or to offer excuses for the Contractor, but delayed projects are a sig of the times. You have a contract with a... Read more »

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1 Answer | Asked in Contracts and Construction Law for Pennsylvania on
Q: 8 yrs ago I had a french drain installed, I just found out that about 30 ft of it has no pipe installed. Is it too

This week I tried to dig up some of the drain which never worked to see if I could fix it. I found out that about 30 ft only had gravel and no drain pipe installed (right in the problem area) Do I have any recourse?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 6, 2019

Unless you have some sort of a written guaranty or warranty, probably not.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Construction Law for Missouri on
Q: can a cop forcefully make an arrest without ever obtaining my identity

i brokedown and received promission to leave suv there for couple hours and started to walk and then a vernon county deputy turned around and quickly got out the squad car and started to run up on me with taser drawn and forcefully put handcuffs on me told me i was in possession of stolen plates... Read more »

Gary Kollin
Gary Kollin answered on Sep 6, 2019

So if a police officer sees you next to a person, drives by, hears a gunshot, looks in rear view mirror, sees the guy on the ground. Cop turns car around, drives back, sees guy wounded and a gun next to him, the officer cannot arrest you because he first did not identify you?

1 Answer | Asked in Contracts, Products Liability and Construction Law for Tennessee on
Q: How much of a down payment can you ask for when building storage sheds?

What kind of contract should be written up?

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

Basically that is up for negotiation. Some contracts say they pay for materials up front, some say a percentage of the total contract. Ask around. The contract is for the performance of services. If you are getting into that line of work you might want to invest in an attorney drawing up the forms... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Agricultural Law and Construction Law for Indiana on
Q: Hello we bought a home from a man with a realistate licence we found 16k in mold we cannot find an attorney ti help

We will have to forcloseits if we can't find help this will ruin our family the home is a conventional 97 home ready for a single woman two kids with a cosigner the home is supposed to be habitable and it's not we cannot afford two homes we are supposed to be selling our current home but had to... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 3, 2019

If you haven't had results in finding someone through the lawyer listings of this site or through your own independent searches, you could try the Indiana State Bar Association. They have lawyer referral resources for the public. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Construction Law for California on
Q: Is general contractor in breach of contract? What should I do- he's insisting on payment bu appears to have abandoned me

12 HI contracts with 1 GC 10 paid in full due to how progress payments worded Only 3 HIC completed 65% work don 85% of total balance paid Arranging financing for 1/2 of 15% left but now have preliminary lien notice from subcontractor & want to hold back 10% of total balance until resolved & all... Read more »

James Alan Greer
James Alan Greer answered on Aug 30, 2019

Dear Owner Requesting Advice on Retention Payment issue: While I am adept at advising owners in a construction setting, your question as stated is probably not capable of reply in this limited forum until more information is obtained. Critically, an attorney would definitely need to review the... Read more »

1 Answer | Asked in Construction Law for Tennessee on
Q: Is there compensation for non property owners who are inches off construction that very adversely effects their property

Eminent domain does not apply, but state of Tn will be constructing a road and wall that will block 2/3rds of access to my business

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Need more facts. Are you asking whether you need to establish an easement for your business? Consult local counsel to discuss your particular situation.

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