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Construction Law Questions & Answers
Q: can I sue vinyl siding contractor for faulty work that has rottted my house
Timur Akpinar's answer
I don't practice in North Carolina but your question hasn't been picked up in four weeks. Based on the limited facts here, a North Carolina attorney would likely have further questions, in terms of how the determination was made that it was the contractor's workmanship or materials that was responsible for the rot. In general, people can sue for any number of reasons, but an attorney in your state who could examine the matter in further detail might be able to provide more insight as to the...
I don't practice in North Carolina but your question hasn't been picked up in four weeks. Based on the limited facts here, a North Carolina attorney would likely have further questions, in terms of how the determination was made that it was the contractor's workmanship or materials that was responsible for the rot. In general, people can sue for any number of reasons, but an attorney in your state who could examine the matter in further detail might be able to provide more insight as to the...
Q: Is an owner allowed to sue me, if the contractor skipped out on the job? I'm just a sub-contractor.
Timur Akpinar's answer
I do not practice in Illinois, but your question hasn't been picked up in four weeks. It could depend on the way in which the contract was drafted.
Tim Akpinar
I do not practice in Illinois, but your question hasn't been picked up in four weeks. It could depend on the way in which the contract was drafted.
Tim Akpinar
Q: Can I fire a contractor at will if I find out he is unlicensed? Can he sue me?
Daniel DiCicco's answer
This depends on the nature of the work. Most residential home improvement type work requires that the contractor have a CCB license. You can fire him if he is doing this work unlicensed. He could potentially try to sue you if you have a signed agreement with him- anyone can file a lawsuit. But I think you would have an excellent defense. If you don't have a contract then you can fire him at any time.
This depends on the nature of the work. Most residential home improvement type work requires that the contractor have a CCB license. You can fire him if he is doing this work unlicensed. He could potentially try to sue you if you have a signed agreement with him- anyone can file a lawsuit. But I think you would have an excellent defense. If you don't have a contract then you can fire him at any time.
Q: What is a mechanic's lien?
Timur Akpinar's answer
In general, a mechanic’s lien is a security interest against someone’s property. It can arise if a homeowner fails to pay a contractor who performs work and the contractor files the lien. If you are involved with a mechanic’s lien and require more in-depth information, consult with an attorney in California.
Tim Akpinar
In general, a mechanic’s lien is a security interest against someone’s property. It can arise if a homeowner fails to pay a contractor who performs work and the contractor files the lien. If you are involved with a mechanic’s lien and require more in-depth information, consult with an attorney in California.
Tim Akpinar
Q: Our contractor seems to have abandoned our project, no contact in 3 wks. He left many tools. When can I sell his tools?
Hung Le's answer
First, it's better you look at the contract to see if (i) any period required for a contract termination; (ii) if the answer is yes, then you have to follow it, and you will have your entitlement to sell tools left at your house. If the answer is no, (or you think it is worthy doing so) then you might need to serve him/her a notice to the address stated in the contract or if no such address is given, his residential place, asking for the resumption of the work, and the possibility of imposing a...
First, it's better you look at the contract to see if (i) any period required for a contract termination; (ii) if the answer is yes, then you have to follow it, and you will have your entitlement to sell tools left at your house. If the answer is no, (or you think it is worthy doing so) then you might need to serve him/her a notice to the address stated in the contract or if no such address is given, his residential place, asking for the resumption of the work, and the possibility of imposing a...
Q: If we sub-contract from someone in New Hampshire, is there anything we need to be aware of in terms of state law?
Zachary Alan Waksman's answer
You should make sure the subcontractor is licensed to perform the intended work in Massachusetts. If he is serving as a home improvement contractor, you should check his registration with the state. You should do the same with every contractor you plan to hire, regardless of whether it is based in Massachusetts.
This information is available online through the state government.
You should make sure the subcontractor is licensed to perform the intended work in Massachusetts. If he is serving as a home improvement contractor, you should check his registration with the state. You should do the same with every contractor you plan to hire, regardless of whether it is based in Massachusetts.
This information is available online through the state government.
Q: What is the duty of care owed by a furnace repairman when, after replacement of heat exchanger in an oil furnace, furna
1 Answer
| Asked
in
Consumer Law, Contracts and Construction Law
for
Missouri
on
Answered on Nov 20, 2018
Answered on Nov 20, 2018
Ronald J. Eisenberg's answer
Here's an excerpt from a Missouri case that my provide guidance:
"When a person possesses knowledge or skill superior to that of an ordinary person, the law requires of that person conduct consistent with such knowledge or skill. W. Page Keeton et al., Prosser and Keeton on the Law of Torts § 32, at 185 (5th ed. 1984). A professional person owes a client a duty of care commensurate with "the degree of care, skill and proficiency commonly exercised by ordinarily skillful, careful and...
Here's an excerpt from a Missouri case that my provide guidance:
"When a person possesses knowledge or skill superior to that of an ordinary person, the law requires of that person conduct consistent with such knowledge or skill. W. Page Keeton et al., Prosser and Keeton on the Law of Torts § 32, at 185 (5th ed. 1984). A professional person owes a client a duty of care commensurate with "the degree of care, skill and proficiency commonly exercised by ordinarily skillful, careful and...
Q: Our company bid a job and now no longer has time to do it. No contract signed and contractor wants to sue for damages?
D. Mathew Blackburn's answer
First off you can be sued for pretty much anything so I'd answer that with a yes. Whether there's a viable claim is another story. The fact that the potential plaintiff doesn't really have a case won't stop them from filing suit and forcing you to go through the legal process of proving they don't have a case.
The first analysis is what was agreed to and what were the terms? Was there an agreement at all? If there was a agreement were there damages?
Without knowing more about...
First off you can be sued for pretty much anything so I'd answer that with a yes. Whether there's a viable claim is another story. The fact that the potential plaintiff doesn't really have a case won't stop them from filing suit and forcing you to go through the legal process of proving they don't have a case.
The first analysis is what was agreed to and what were the terms? Was there an agreement at all? If there was a agreement were there damages?
Without knowing more about...
Q: May congress pass a law that requires a person to pay a fine because congress believes they're guilty with no evidence?
1 Answer
| Asked
in
Criminal Law, Civil Rights and Construction Law
for
Montana
on
Answered on Nov 14, 2018
Answered on Nov 14, 2018
Q: Does a customer hold any liability if his or her home is broke into and the contractors tools are stolen?
Brent T. Geers' answer
You've just witnessed what makes these sort of situations complicated: every insurance company is going to say someone or someone else's insurance is responsible. That said, I think a case can be made that the homeowner's insurance should be responsible.
So what happens if the homeowner doesn't have insurance? The homeowner may still be personally liable, and I suppose it would be possible for the contractor to put a lien on the home to secure the judgment.
You've just witnessed what makes these sort of situations complicated: every insurance company is going to say someone or someone else's insurance is responsible. That said, I think a case can be made that the homeowner's insurance should be responsible.
So what happens if the homeowner doesn't have insurance? The homeowner may still be personally liable, and I suppose it would be possible for the contractor to put a lien on the home to secure the judgment.
Q: Hello, I am a Mechanical Eng. student in Germany and now doing a patent research for my construction project.
2 Answers
| Asked
in
Construction Law and Patents (Intellectual Property)
on
Answered on Nov 2, 2018
Answered on Nov 2, 2018
Kevin E. Flynn's answer
I am providing a link to a slide set that I use to teach entrepreneurs how to do searches of the patent databases. http://bit.ly/Patent_Searching
I would start with Google Patents and do some really broad searching such as https://patents.google.com/?q=recycling&q=recepticle&oq=recycling+recepticle. From this you can do backward and forward chaining and explained in my slide set. You can also discern a good art class code for additional searching.
Good Luck
Kevin E...
I am providing a link to a slide set that I use to teach entrepreneurs how to do searches of the patent databases. http://bit.ly/Patent_Searching
I would start with Google Patents and do some really broad searching such as https://patents.google.com/?q=recycling&q=recepticle&oq=recycling+recepticle. From this you can do backward and forward chaining and explained in my slide set. You can also discern a good art class code for additional searching.
Good Luck
Kevin E...
Q: What's unique about a construction mortgage?
Frederick A. Lurie's answer
Construction loans are designed to be short term, only for the duration of the construction project. The loan funds are usually disbursed in installments as the project progresses. There is typically a construction escrow set up at a title company which disburses the funds to contractors and requires the submission of a variety of documents before each installment is distributed. Repayment of the loan is generally not due until after the project is completed and then it is typically paid with...
Construction loans are designed to be short term, only for the duration of the construction project. The loan funds are usually disbursed in installments as the project progresses. There is typically a construction escrow set up at a title company which disburses the funds to contractors and requires the submission of a variety of documents before each installment is distributed. Repayment of the loan is generally not due until after the project is completed and then it is typically paid with...
Q: Do i have grounds for a law suit against Roberts HomeMedical for deceptive business practice. I live in Maryland.
Joseph D. Allen's answer
This sounds like potentially a violation of the Maryland Consumer Protection Act, in that the company may have acted deceptively in their sales practices. Whether it is worth a lawsuit is another question, which you might discuss with an attorney that practices in the area of consumer rights. Alternatively, you might complain to the MD Attorney General.
This sounds like potentially a violation of the Maryland Consumer Protection Act, in that the company may have acted deceptively in their sales practices. Whether it is worth a lawsuit is another question, which you might discuss with an attorney that practices in the area of consumer rights. Alternatively, you might complain to the MD Attorney General.
Q: Where would I find various codes pertaining to rental structures and rights of a renter in the State of Tennessee?
1 Answer
| Asked
in
Personal Injury, Real Estate Law and Construction Law
for
Tennessee
on
Answered on Oct 28, 2018
Answered on Oct 28, 2018
Peter Munsing's answer
Talk to your local legal services /legal aid office. Ask for their housing attorneys. Tell them you just want to know if any in their housing unit are in private practice.
Contact members of the Tenn Assn for Justice who handle mold issues--they give free consults.
Short answer--the town or city would have their health code; state code you could find at the county law library.
Talk to your local legal services /legal aid office. Ask for their housing attorneys. Tell them you just want to know if any in their housing unit are in private practice.
Contact members of the Tenn Assn for Justice who handle mold issues--they give free consults.
Short answer--the town or city would have their health code; state code you could find at the county law library.
Q: Can a developer charge you a large fee to build your own house on your own property in TN ?
1 Answer
| Asked
in
Construction Law, Consumer Law and Real Estate Law
for
Tennessee
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
Leonard Robert Grefseng's answer
I would not pay this fee without going to court. If you bought the property before the restrictions were changed, you should be able to rely on the restrictions- the change to add the fee may have required some notification to you. Also , the restrictions should be applied consistently so if some get it waived, that's not fair to the one who do pay it. Consult an experienced real estate lawyer.
I would not pay this fee without going to court. If you bought the property before the restrictions were changed, you should be able to rely on the restrictions- the change to add the fee may have required some notification to you. Also , the restrictions should be applied consistently so if some get it waived, that's not fair to the one who do pay it. Consult an experienced real estate lawyer.
Q: In the state of Missouri, what are all the skateboarding laws? Where can I view them?
1 Answer
| Asked
in
Construction Law, Traffic Tickets, Constitutional Law and Entertainment / Sports
for
Missouri
on
Answered on Oct 18, 2018
Answered on Oct 18, 2018
Timur Akpinar's answer
If you are not able to find laws in your ordinary searches under civil, traffic, recreational, and other laws, you could check with your elected officials on the city council, assembly, and other local, city, and state government bodies. One of the problems with skateboarding is that many places and parks do not want it because they consider it a liability, meaning that they’re afraid of getting sued if someone injures themselves or someone else. Good luck.
Tim Akpinar
If you are not able to find laws in your ordinary searches under civil, traffic, recreational, and other laws, you could check with your elected officials on the city council, assembly, and other local, city, and state government bodies. One of the problems with skateboarding is that many places and parks do not want it because they consider it a liability, meaning that they’re afraid of getting sued if someone injures themselves or someone else. Good luck.
Tim Akpinar
Q: Who's liable for a construction site injury if the injured person wasn't wearing a hard hat or proper footwear?
Timur Akpinar's answer
I do not practice in Illinois, but your question hasn’t been picked up in four weeks. Based on the limited facts here, an attorney would have more questions. Here are just a few: In what capacity was the person on the site? What was she or he doing that resulted in the injury? What actions, if any, on the part of the site operator/owner caused the injury? Who was responsible for safety on the site? What third-party contractors were on the site, and what was their role? A consultation with an...
I do not practice in Illinois, but your question hasn’t been picked up in four weeks. Based on the limited facts here, an attorney would have more questions. Here are just a few: In what capacity was the person on the site? What was she or he doing that resulted in the injury? What actions, if any, on the part of the site operator/owner caused the injury? Who was responsible for safety on the site? What third-party contractors were on the site, and what was their role? A consultation with an...
Q: A plumber replaced water heater, but cut the Pipe Bollard, exposing the heater to vehicle damage. Recourse?
1 Answer
| Asked
in
Small Claims, Consumer Law, Real Estate Law and Construction Law
for
California
on
Answered on Oct 5, 2018
Answered on Oct 5, 2018
William John Light's answer
If the bollard needed to be cut to install the water heater, that should be your expense, although the plumber should have given you a written estimate beforehand. If the bollard was cut through accident or negligence, then he should replace it. I think that these pipes are only about $65.00. I doubt that this is worth your time fighting over. Offer to buy the material if he will install it without further charge.
If the bollard needed to be cut to install the water heater, that should be your expense, although the plumber should have given you a written estimate beforehand. If the bollard was cut through accident or negligence, then he should replace it. I think that these pipes are only about $65.00. I doubt that this is worth your time fighting over. Offer to buy the material if he will install it without further charge.
Q: how do you apply a mother-daughter to a single family house?
1 Answer
| Asked
in
Construction Law, Family Law, Land Use & Zoning and Real Estate Law
for
New York
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Elaine Shay's answer
If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.
If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.
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