Construction Law Questions & Answers by State

Construction Law Questions & Answers

Q: I purchased a shower surround wall and base from a local Lowes store in 2015. It is leaking in two cracked places.

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Answered on May 24, 2017

Your recourse depends on a few different issues. First, when it was installed, did the installer provide you a warranty? 2nd, what is the reason it is cracked and leaking? 3rd, does the product itself about warranty?

If the cracks or because of misuse by the consumer, you may not have any recourse.

If the cracks are due to a defect in the product, you then need to look at the product warranty. The warranty should state the period of time it is good for and what is covered....
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Q: Can owner of project demand me to credit part of job based on payment schedule G703 form.

1 Answer | Asked in Business Law, Contracts, Construction Law and Government Contracts for New York on
Answered on May 23, 2017

The short answer is that you have to carefully look at the contract and scrutinize the obligations each of you have. The long answer begins with "it depends..." Basically the rules of contract law will government, when there is a breach each side has a duty to mitigate damages / losses. Inadequate or shoddy workmanship does qualify as performance on a contract and therefore doesn't obligate the other party to pay.
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Q: What are legal rights to get paid for work you have done without a signed contract if you left job unfinished?

1 Answer | Asked in Child Custody and Construction Law for North Carolina on
Answered on May 23, 2017

You have the right to get paid for the work that you performed. It is not necessary that it is in writing. However, if the homeowner must hire someone to complete the job and/or repair your work, they can offset those payments against any monies owed to you. So, if it costs more for the homeowner to complete the project than it would have if you had fully performed the contract, your recovery will be reduced.
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Q: Contractor installed my roof incorrectly. Have arbitration clause in contract. Do I have any rights at all?

3 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Construction Law for California on
Answered on May 18, 2017

If the repair is under $10k, you can sue in Small Claims. You will need to bring the photos, original contract and a statement from Owen's Corning about what is wrong and an estimate to repair it.

If it's over $10k, you will need to hire an attorney and file a lawsuit in Superior Court.
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Q: What do we do when we have a breach of contract and the contractor is refusing to refund us our money?

1 Answer | Asked in Contracts and Construction Law for Maine on
Answered on May 16, 2017

The answer may depend on if the contract says anything about how disputes are handled (there may be a mediation or arbitration clause). If it does not say anything, then depending on the amount that is in dispute, you can to either go to small claims court or to the district court to pursue them. The facts of the dispute will be to be considered before deciding the best way to proceed.
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Q: My contractor verbally told me a price for an add-on service during the construction of my deck, and I agreed. When I

1 Answer | Asked in Construction Law for California on
Answered on May 16, 2017

You can report this to the CA contractor's board as a violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: I live in a sub-division in a condo with HOAs. Do they have a right to reject my chosen contractor, even if he's willing

1 Answer | Asked in Construction Law for Illinois on
Answered on May 16, 2017

You would need to review your HOA' Decs. and Bylaws to determine whether or not their conduct is appropriate.
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Q: How do I know my builder is constructing everything to code? Do they have to be licensed?

1 Answer | Asked in Construction Law for Florida on
Answered on May 16, 2017

They are required to be licensed, but some builders are actually unlicensed. Ask to see proof of a license or look it up online.
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Q: in Colorado, how much can a contractor charge above a written contract?

1 Answer | Asked in Contracts and Construction Law for Colorado on
Answered on May 9, 2017

Repeat question. See prior answer.
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Q: I got hurt at work my impairment rating is 28% can I cash out on my payments even if I'm no longer going to beable 2work

1 Answer | Asked in Workers' Compensation and Construction Law for Texas on
Answered on May 2, 2017

You can in some situations, but it is usually not a good idea. If you do,you will loose your right to apply for and possibly receive supplemental income benefits. You definitely need to speak to a workers' comp attorney before you would agree to this type of arrangement. You also need to speak to an attorney to show you how to apply for supplemental income benefits. I would be glad to speak with you.
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Q: The contractor did not notify us of a situation before closing up a wall and is now refusing to fix it. What can we do?

1 Answer | Asked in Contracts, Construction Law and Real Estate Law for California on
Answered on May 2, 2017

You may be able to sue for repairing any damage caused by the contractor. Review the issue with an attorney such as myself. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: The contractor who constructed my deck seems to have used faulty material. Can I sue them, or do I have to sue the

1 Answer | Asked in Construction Law for Illinois on
Answered on May 1, 2017

You can certainly sue both of them, but your chances of winning and recovering is a different story. I would recommend organizing all information related to this situation, and consulting with an attorney individually. Your chances of prevailing and recovering in a lawsuit will be substantially higher if you do.
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Q: If I'm injured by falling debris while walking under building construction that was commissioned by the city, do they

1 Answer | Asked in Construction Law for Florida on
Answered on Apr 30, 2017

While the city's sovereign immunity may (or may not) insulate it from liability, the contractor would not be immune.
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Q: Realtor did not disclose the construction next door of over 200 homes shortly after we moved in, do we have recourse?

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Answered on Apr 29, 2017

You may have a claim, but you will need to contact a real estate attorney directly. As a general best practice, the seller should disclose things that may impact the value or desirability of a home. Colorado might require the disclosure of the construction if the circumstances are right, but nearby building is not per se always required to be disclosed. Be aware the disclosure is not tied to the buyer's subjective like or dislikes. However, a clear reduction in home value (provable, not just a...
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Q: Can I get my deposit back in a pool contract if the pool can not be built due to city setback codes?

1 Answer | Asked in Contracts and Construction Law for Florida on
Answered on Apr 27, 2017

The answer to your question will be determined by your contract with the pool company. I suggest that you consult with an attorney in your area to get specific advice regarding the contract.
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Q: My roofing contractor is not using the material listing on our contract. Do I pay him? I made him aware of the issue,

1 Answer | Asked in Contracts and Construction Law for Florida on
Answered on Apr 26, 2017

At this point you need to get a lawyer or at least speak with one to get specific advice on how to handle this situation. Your change to the contract may not have been accepted by him. The point is you need legal advice specific to your case so that you get clear advice by someone who can read and interpret the whole contract.
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Q: Can my county planning department charge me 700. Plus dollars for phone calls and counter service?

1 Answer | Asked in Civil Litigation, Consumer Law and Construction Law for California on
Answered on Apr 21, 2017

It's impossible to say. It seems unlikely that you are being charged as you describe, but who knows. There are no facts to analyze.
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Q: Is it legal for an apartment to have there circuit breaker in the bathroom without a panel cover exposing the switches?

1 Answer | Asked in Estate Planning, Real Estate Law, Construction Law and Landlord - Tenant for California on
Answered on Apr 20, 2017

The circuit board should be covered. Tell the landlord to fix it, and you can report it to the city housing inspector. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Can my township take my house if I don't replace my wooden siding with vinyl.

2 Answers | Asked in Constitutional Law, Construction Law, Land Use & Zoning and Real Estate Law for Michigan on
Answered on Apr 20, 2017

Generally, no, if the reason for their request is because of "blight."

However, if your current home is posing a danger to the public, then they can condemn the property. Hard to know how "siding" can pose a danger to the community.
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Q: We paid a contractor half his bid to construct a basement. He hasn't paid any of his suppliers. Can we make him pay?

1 Answer | Asked in Construction Law for Colorado on
Answered on Apr 12, 2017

Review your contact. As a general rule, you cannot require the general contractor to pay subs. You can argue that a breach of contact has occurred and request your money back (check the contract to make sure that a breach has occurred). Also be aware you may not be liable to the subs (again, review the contract).

If it looks like the general pocketed the money (or is headed for bankruptcy), you should schedule a meeting with a lawyer to unpack what has happened and what you...
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