The type of easement described here is a roadway easement for ingress and egress to another parcel of property. In this case, ingress refers to having the right to enter a property, while egress refers to the right to exit a property. An example of this type of easement is a shared roadway through... Read more »

You will likely need a code inspection to make sure the work was code compliant.

Everyone named in this action should hire their own attorneys to assist on this matter since everyone has their own interests in it. In order to have someone removed as a party, the proper motions need to be filed and granted - it's not as simple as just removing them.

You can find... Read more »

Dear Major Rebuild With Contractor Troubles: these types of situations are tricky, and it's nearly impossible in this forum to issue out a set of instructions to you (this, from a 35 year attorney who is a developer and a licensed Contractor). You have overlays of Contractor's... Read more »

If you don't pay, they could sue you. Depending on the facts, you might have made an oral contract with them. But it would be difficult for them to prove the terms of the oral contract it in court. You could deny there was a contract. If they did not give you the required consumer... Read more »

It sounds as if the homeowner breached your contract by filing an insurance claim when she shouldn't have. I'd ask her to withdraw the claim. It sounds like she is also interfering with your General Contractor. Yet, since you stated things seem to be ok for the moment, that's... Read more »

Was the surveyor working for the builder or for you? If the surveyor was working for the builder, you could perhaps sue both for the cost of redoing the job.

It doesn't appear that a variance would work if the structure of the home could be compromised. Perhaps you are suggesting... Read more »

What is your question? Arrange with the contractor to inspect the premises; that way the contractor can make sure it is secure. You don't want the place left unlocked, do you?

The simple answer is NO!

Not without permission. If someone wants to use your image or an image of a property you own, for the sake of doing business, they must be given permission. I'll bet there was buried somewhere in your contract, where you have given the builder or the Genral... Read more »

Generally, the SOL runs from the date of breach of a contract, or from the last date the money became due and remained unpaid. Sometimes, that is harder to nail down in some cases, and may depend on whether the subcontractor's claim is based upon a single contract to provide labor and... Read more »

As always, Mr. Eisenberg is correct.

A contract breach occurs when one party fails to perform (or whose performance deviates from) what was contracted. A common problem for contracting homeowners is the absence of required terms in the contract. To piggyback on Mr. Eisenberg’s example,... Read more »

Sure, depending on the exact terms of the easement. It appears that the "exclusive" was included to make sure that only you, or subsequent owners of your lot, could use the easement for access. But if it also includes a "wall" easement, it should be no problem for you to build... Read more »

Dear Owner Facing Post-Performance Claim for Extra Contractual Payment: Your question has two areas of focus, the issue of a post-performance claim for Extra Payment and the potential pursuit of indemnity for the extra charges as against your Design Professionals. First, with regard to the issue... Read more »

Without research into your local ordinances and codes, I can't answer whether or not a fence is required. But I would be surprised if it was. However, failure to keep the dogs on their property would likely be considered a trespass and could be punished under criminal or civil sanctions.

There should always be a written, signed contract for construction work which specifically defines the scope of work, with signed change orders for any deviations from the contract's scope of work. The contractor might be in trouble if it failed to provide all the required consumer protection... Read more »

Your contract would control whether you can fire him. If his lack of performance has materially breached your agreement, then you may have options. Consult counsel to determine your options.

Your contract governs. I think you misstated something. You claim that you entered into the contract in November 2021 and he finished the work in November 2022. We are only in early April 2022. Although it took longer than expected for him to finish the roof, unless you’ve suffered financial... Read more »

What you can do depends on the terms of the contract that you signed. Use the Find a Lawyer tab to retain a local construction law attorney who can review the construction contract and its requirements, and advise you of your options.

If you have not contacted your landlord about reimbursement of the unpaid bills you can contact them as the landlord's insurance should pay for those as well. Additionally, as you are a renter you can contact a local landlord tenant attorney for advice on how to handle the request for... Read more »

You serve an interrogatory or interrogatories pursuant to Supreme Court Rule 213 and ask the contractor to identify by name, trade, address...etc each subcontractor working on your project. However, you need court permission to utilize discovery in small claims under $10,000.00.