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Construction Law Questions & Answers
Q: Former employer is being investigated by OSHA for potential criminal law do I have a right to legal council, who pays
Ali Ebrahimzadeh, Esq.'s answer
You'd pay for your own lawyer. Depending on whether any relevant legal statutes apply, you might be able to seek reimbursement for legal fees, but that is rare. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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,...
You'd pay for your own lawyer. Depending on whether any relevant legal statutes apply, you might be able to seek reimbursement for legal fees, but that is rare. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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,...
Q: What are the biggest differences, if any, between a building inspection and a home inspection?
Ali Ebrahimzadeh, Esq.'s answer
A home inspection is a building inspection of a home. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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,...
A home inspection is a building inspection of a home. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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,...
Q: Do you need a permit to build a deck and take down a wall? Sellers claim no. And they claim the wall isn't load bearing
2 Answers
| Asked
in
Real Estate Law and Construction Law
for
New Jersey
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Vincent Gallo's answer
Since you rightfully have trepidations, you should retain an architect of your own choosing to give you a written professional opinion as to this question, this way it won't matter what the seller tells you.
Since you rightfully have trepidations, you should retain an architect of your own choosing to give you a written professional opinion as to this question, this way it won't matter what the seller tells you.
Q: Is there an amount that can be recovered in addition to atty's fees & costs if suit is brought for nonpayment (ie 3x)?
Andy Wayne Williamson's answer
I can't really say that your case qualify's for a treble damages scenario. Typically you have to give a notice in advance for civil theft and then follow all the steps. If you already filed your case you most likely do not qualify. If you have not filed yet, you must meet the elements of civil theft and must give proper notice to get the triple (treble) damages.
Lastly, you are most likely not entitled to treble damages on a breach of contract case.
I can't really say that your case qualify's for a treble damages scenario. Typically you have to give a notice in advance for civil theft and then follow all the steps. If you already filed your case you most likely do not qualify. If you have not filed yet, you must meet the elements of civil theft and must give proper notice to get the triple (treble) damages.
Lastly, you are most likely not entitled to treble damages on a breach of contract case.
Q: I am a plaintiff in a small claims(court date in a week) and just received a motion to dismiss. Do I need to respond?
2 Answers
| Asked
in
Civil Litigation, Construction Law and Small Claims
for
Florida
on
Answered on Jul 21, 2017
Answered on Jul 21, 2017
Andy Wayne Williamson's answer
You do not have to respond in writing to a motion to dismiss by law. However you can make a response if you desire to do so.
Good luck.
You do not have to respond in writing to a motion to dismiss by law. However you can make a response if you desire to do so.
Good luck.
Q: How we can negotiate with contractor to finish the project?
1 Answer
| Asked
in
Business Formation, Contracts and Construction Law
for
North Carolina
on
Answered on Jul 18, 2017
Answered on Jul 18, 2017
Paige Kurtz's answer
The contract terms should state how and when the contractor is entitled to payment and under what terms payment may be withheld. I would refer to the contract terms in attempting to negotiate with the contractor. If you have documented problems and the contractor won't fix them, you can terminate the contractor and hire a replacement contractor using the funds to pay them that you withheld from the first contractor.The contractor is only entitled to payment as provided for in the contract.
The contract terms should state how and when the contractor is entitled to payment and under what terms payment may be withheld. I would refer to the contract terms in attempting to negotiate with the contractor. If you have documented problems and the contractor won't fix them, you can terminate the contractor and hire a replacement contractor using the funds to pay them that you withheld from the first contractor.The contractor is only entitled to payment as provided for in the contract.
Q: What are the risks for using an unlicensed contractor on my construction project?
Ali Ebrahimzadeh, Esq.'s answer
You may violate city building codes. You may see defects in workmanship, depending on the circumstances. The contractor may be violating licensure laws and face serious legal consequences. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com....
You may violate city building codes. You may see defects in workmanship, depending on the circumstances. The contractor may be violating licensure laws and face serious legal consequences. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com....
Q: Can a contractor change a verbally agreed upon hourly payrate after I have completed the work?
1 Answer
| Asked
in
Contracts, Employment Law, Business Law and Construction Law
for
Tennessee
on
Answered on Jul 12, 2017
Answered on Jul 12, 2017
Leonard Robert Grefseng's answer
Any licensed contractor is subject to discipline from the State licensing board. The board has a process for hearing consumer disputes. I suggest you contact them. The legal principles fro determining whether a worker is an employee or independent contractor are the same- the key factor being the ability to control the details of the work.
Any licensed contractor is subject to discipline from the State licensing board. The board has a process for hearing consumer disputes. I suggest you contact them. The legal principles fro determining whether a worker is an employee or independent contractor are the same- the key factor being the ability to control the details of the work.
Q: I purchased 2 boats from a very large and well known construction company.
3 Answers
| Asked
in
Business Law, Contracts, Construction Law and Small Claims
for
New York
on
Answered on Jul 10, 2017
Answered on Jul 10, 2017
Ali Ebrahimzadeh, Esq.'s answer
What are the terms of your contractual agreements? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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...
What are the terms of your contractual agreements? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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...
Q: Can my mother sue the seller of her house, for known septic issues
1 Answer
| Asked
in
Construction Law, Lemon Law and Real Estate Law
for
Tennessee
on
Answered on Jul 7, 2017
Answered on Jul 7, 2017
Leonard Robert Grefseng's answer
Tennessee has a property disclosure law for residential homes, and misrepresentations on the disclosure form can be the basis of a claim for damages or rescission of the contract. However, there is a one year statute of limitations. Consult an experienced real estate lawyer and act promptly.
Tennessee has a property disclosure law for residential homes, and misrepresentations on the disclosure form can be the basis of a claim for damages or rescission of the contract. However, there is a one year statute of limitations. Consult an experienced real estate lawyer and act promptly.
Q: Do I have a case- short version- I tore my meniscus while on the job. Before I thought about possibly claiming L&I,
1 Answer
| Asked
in
Employment Law, Personal Injury, Workers' Compensation and Construction Law
for
Washington
on
Answered on Jul 6, 2017
Answered on Jul 6, 2017
Peter Munsing's answer
Talk to a member of the State of Washington Assn for Justice who handles workers compensation. Problem is your original story.......but members of SWAJ give free consults.
Talk to a member of the State of Washington Assn for Justice who handles workers compensation. Problem is your original story.......but members of SWAJ give free consults.
Q: Am I required to give my full name, address, along with a copy of my license just to receive payment for hours I've work
1 Answer
| Asked
in
Employment Law, Workers' Compensation, Collections and Construction Law
for
North Carolina
on
Answered on Jun 28, 2017
Answered on Jun 28, 2017
Kirk Angel's answer
If you are an employee, North Carolina wage and hour law governs this. The law requires the employer to establish a specific pay date and must pay you on that date. There seems to be no legal reason for you not to be paid. If you are not an employee, then the law does not apply.
On a separate note, if you are an employee, the employer must have you fill out certain paperwork and collect certain information from you that is required for the government other folks. For example, the...
If you are an employee, North Carolina wage and hour law governs this. The law requires the employer to establish a specific pay date and must pay you on that date. There seems to be no legal reason for you not to be paid. If you are not an employee, then the law does not apply.
On a separate note, if you are an employee, the employer must have you fill out certain paperwork and collect certain information from you that is required for the government other folks. For example, the...
Q: If you were remodeling a home and paid money, can the owner hold your tools if she is unhappy and wants her money back
Paige Kurtz's answer
Technically no, there is no right to retain your property without an agreement to do so. If you just need to recover the tools, you can file a small claims action to recover the property. If you are still owed money on the contract, you likely could also handle that in small claims. Of course, the owner will be able to assert her defenses to your contract work. Nonetheless, even if you did work that would justify some type of damages for the owner (i.e. a refund), if you are only seeking to...
Technically no, there is no right to retain your property without an agreement to do so. If you just need to recover the tools, you can file a small claims action to recover the property. If you are still owed money on the contract, you likely could also handle that in small claims. Of course, the owner will be able to assert her defenses to your contract work. Nonetheless, even if you did work that would justify some type of damages for the owner (i.e. a refund), if you are only seeking to...
Q: I hired a contractor to remodel a basement apartment. He left my home in a dangerous shambles, can I sue?
3 Answers
| Asked
in
Consumer Law, Contracts and Construction Law
for
New York
on
Answered on Jun 20, 2017
Answered on Jun 20, 2017
Mitchell A. Nathanson's answer
If you can locate him and/or his company, you should definitely sue for breach of contract and replacement damage.
You should also report to your local BBB so that others don't suffer the same fate.
#LegalQ&A #NathansonLaw
If you can locate him and/or his company, you should definitely sue for breach of contract and replacement damage.
You should also report to your local BBB so that others don't suffer the same fate.
#LegalQ&A #NathansonLaw
Q: Under NC law, what percentage of the total estimate of a new residence does one give to the contractor
Paige Kurtz's answer
There is no law that specifically covers this issue. Contractors and parties are free to contract for whatever amounts they wish and the law will generally enforce those contracts. That said, there is usually a profit margin of 10-20% for profit, above the costs the build the home. It also depends on the type of contract you are entering into, fixed price or cost plus.
There is no law that specifically covers this issue. Contractors and parties are free to contract for whatever amounts they wish and the law will generally enforce those contracts. That said, there is usually a profit margin of 10-20% for profit, above the costs the build the home. It also depends on the type of contract you are entering into, fixed price or cost plus.
Q: I am legally obligated to pay the builder for change request and if the builder can currently put a lien on my home?
1 Answer
| Asked
in
Contracts, Construction Law and Real Estate Law
for
Florida
on
Answered on Jun 20, 2017
Answered on Jun 20, 2017
Andy Wayne Williamson's answer
Under the facts as you state in your question, I do not think that the builder can place a lien on your property now based upon the amount of time that has passed. A builder has a limited amount of time after completing the construction in which to file a lien. I suggest that you may want to sit down with an attorney and get a consult and have the attorney review the documents.
Under the facts as you state in your question, I do not think that the builder can place a lien on your property now based upon the amount of time that has passed. A builder has a limited amount of time after completing the construction in which to file a lien. I suggest that you may want to sit down with an attorney and get a consult and have the attorney review the documents.
Q: I worked for a client through their designer. The designer acted like the clients representative. The designer signed a
1 Answer
| Asked
in
Contracts, Business Law, Communications Law and Construction Law
for
California
on
Answered on Jun 16, 2017
Answered on Jun 16, 2017
Gerald Barry Dorfman's answer
Your question raises several issues, which you should be prepared to discuss in a lawyer consultation. Of course, the lawyer will want to see the proposal and all written communications. Does the proposal contain an attorney fees clause? A mediation and/or arbitration clause? Did you have reason to know at the time that the last proposal was misunderstood? Did your proposal or a separate contract limit the warranty period to the purchasers? Who paid you, the ultimate users or the...
Your question raises several issues, which you should be prepared to discuss in a lawyer consultation. Of course, the lawyer will want to see the proposal and all written communications. Does the proposal contain an attorney fees clause? A mediation and/or arbitration clause? Did you have reason to know at the time that the last proposal was misunderstood? Did your proposal or a separate contract limit the warranty period to the purchasers? Who paid you, the ultimate users or the...
Q: The contractor I hired to build an addition for my house didn't construct it properly (wrong size dimensions) but is
Ali Ebrahimzadeh, Esq.'s answer
Is he licensed? Did you have a contract? 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 Education Law. This answer...
Is he licensed? Did you have a contract? 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 Education Law. This answer...
Q: Do contractors need special licenses to build on commercial property or is it the same for both commercial and
Steve McCann's answer
It is possible a contractor will need special licenses and/or permits for work on a commercial property, but it depends on a variety of factors, such as the nature and location of the work.
It is possible a contractor will need special licenses and/or permits for work on a commercial property, but it depends on a variety of factors, such as the nature and location of the work.
Q: If a project loan expires due to the contractor taking too long to finish the job is the contract voided
Joseph Jaap's answer
If the contractor did not complete the job in the time as specified in the contract, then the contractor has breached the contract. That gives you grounds to notify him that the contract is terminated. You are obligated to pay him what he is owed, minus any extra amounts you incur to finish the job. But he could file a lien and could sue you. Use the Find a Lawyer tab to consult a local attorney to review the contract and advise you.
If the contractor did not complete the job in the time as specified in the contract, then the contractor has breached the contract. That gives you grounds to notify him that the contract is terminated. You are obligated to pay him what he is owed, minus any extra amounts you incur to finish the job. But he could file a lien and could sue you. Use the Find a Lawyer tab to consult a local attorney to review the contract and advise you.
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