A Wisconsin attorney could advise best, but your question remains open for a week. It could depend on a number of factors, such as your capacity there, what you were doing, whether the site was complying with safety protocols, etc. I'm sorry about your injuries, but if you approached a law... View More

Travel time should being when you arrive at the shop, since your employer requires you to pick up co-workers at the shop and drive them to the job site. This also applies your co-workers, since the company is providing the transportation.

At the time you are required to arrive at the shop to pick up the work vehicle. The fact you are driving a company vehicle does not change the rules regarding when you start your workday. Good luck to you.

To win a breach of contract case, you need to be able to prove that the contractor violated either a specific clause of the contract or a warranty, express or implied. Next, you need to look at the contract and see if there is an arbitration clause, which would mean that if you claim breach of... View More

Yes, possibly.

If the same lawyer is representing both the new and old owner he may have a conflict of interest and should not be deciding how much you should get!!

If that is the case, you should immediately seek independent legal advice from a separate construction attorney !!!!!!!

From the facts asserted, I would recommend a real estate attorney with knowledge of both landlord/tenant and construction law. It appears that your damages are caused by the conduct of the construction company who would, for all intents and purposes, be the liable party for failing to adequately... View More

I can't say with certainty without all of the facts that you have a "solid" claim against the contractor, but if you paid for a fence, and two months later the fence fell down due to faulty construction then more than likely you do have a claim. Oral agreements are enforceable in... View More

1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.

2. What... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

It sounds like you contractually agreed to a 1 year SOL. Otherwise damage to property has a 3 year SOL. You are going to have alot of problems suing a subcontractor in any event, but you might look at General Sessions Court. Determining the defendant may be difficult. Try to hire an attorney.

Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More

You may want to verify the cause of this damage before filing any lawsuit. It will likely require you to hire an engineer or leak detection company to identify where the water came from and why there was a leak. Thereafter, if you can prove that the contractor's actions caused this leak and in... View More

I assume you have spoken to him and made demand on him and asking for the money or the work to be corrected has been fruitless. You will have to seek the services of an attorney to pursue him legally. You may be able to obtain partial relief from the Massachusetts guaranty fund:... View More

Ultimately, a judge could allow service by publication. As a practical matter, you should exhaust all resources to locate and personally serve them. A default judgment isn't worth much if you can't find them. If you do eventually find them, they will undoubtedly try to set the default... View More

You can sue in small claims or town or city court, depending upon the jurisdiction and amount. Once you are successful if you prove your case, you will probably chase your tail trying to get paid on the judgment unless you can garnish his earnings Often, contractors who take your money and... View More

The purchase agreement that requires the rental license to be granted before closing should also already include a clause for notifying the seller of inspection results and of your satisfaction with said results. If serious issues are found, the seller must either fix them or release the buyer from... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2025

The solar contractor is most likely responsible for repairing the hole in your roof caused by their installation. According to California law, contractors are responsible for their own negligence that causes injury or damage to the property they are working on. In your case, the contractor was... View More

It would be highly unusual for a commercial general liability policy to cover your legal fees and expenses. That doesn’t mean you can’t get a judgment against the contractor—only that the insurance company is not contractually obligated to pay such fees and expenses on the contractor’s... View More

Your rights will depend heavily on your sales contract, warranty, and other written documentation. It would be extremely unusual to be able to enforce a verbal conversation with a sales representative that substantially varies from the contents of those documents.

That being said, most... View More

I'm so sorry they've strung you along for 6 months - unreasonable! Unless there is a definitive start date in the contract or allowance for delay (e.g., starting job is subject to some event/action taking place), then there doesn't seem to be intent to perform. Although there is no... View More

The contractor may have breached the contract by failing to begin the project as promised, but the issue from the perspective of an attorney is whether enforcement of the contract in the courts is cost-effective. It is probably not cost effective. To threaten litigation might convince the... View More