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Construction Law Questions & Answers
Q: Can my neighbour dig a my waste pipe up that was agreed to be laid under his garden?
1 Answer
| Asked
in
Consumer Law, Criminal Law, Construction Law and Real Estate Law
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Kenneth V Zichi's answer
I'm assuming you are in the UK. This forum is for US law questions, and you're unlikely to find someone versed in your country's laws! I'd suggest looking for a forum in the UK or better yet, contact a solicitor in your area to get some real legal advice!
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel...
I'm assuming you are in the UK. This forum is for US law questions, and you're unlikely to find someone versed in your country's laws! I'd suggest looking for a forum in the UK or better yet, contact a solicitor in your area to get some real legal advice!
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel...
Q: Topic: Pennsylvania Workers' Comp requirements.
1 Answer
| Asked
in
Workers' Compensation and Construction Law
for
Pennsylvania
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Timothy Belt's answer
Nonsense sounds about right. They may be subcontractors, but if they truly are he should be able to provide copies of written agreements with all of them and proof that they have their own liability insurance. Otherwise, he may want to take a look at the CONSTRUCTION WORKPLACE MISCLASSIFICATION ACT which establishes a definition of "independent contractor" for purposes of workers' compensation, unemployment compensation, and worker classification.
Nonsense sounds about right. They may be subcontractors, but if they truly are he should be able to provide copies of written agreements with all of them and proof that they have their own liability insurance. Otherwise, he may want to take a look at the CONSTRUCTION WORKPLACE MISCLASSIFICATION ACT which establishes a definition of "independent contractor" for purposes of workers' compensation, unemployment compensation, and worker classification.
Q: Can my contractor bill me for significantly more than his original estimate? He was way off!
Steve McCann's answer
The answer to your question depends on a number of factors that are not provided here, such as the terms of your contract, the location of the work, and the type of work performed. If the bill is significantly higher than the initial quote, it is likely in your best interest to consult with an attorney individually to assess the situation. Many of us offer free consultations and can assist you in formulating the best course of action moving forward.
The answer to your question depends on a number of factors that are not provided here, such as the terms of your contract, the location of the work, and the type of work performed. If the bill is significantly higher than the initial quote, it is likely in your best interest to consult with an attorney individually to assess the situation. Many of us offer free consultations and can assist you in formulating the best course of action moving forward.
Q: How do I get my money back paid for a project that I paid in full but not completed?
Gerald Barry Dorfman's answer
Depending on your written contract, you can sue, or go to arbitration. If the contract provides, you can recover your attorney fees. You can also file a complaint with the Contractors State Licensing Board: http://www.cslb.ca.gov/
Depending on your written contract, you can sue, or go to arbitration. If the contract provides, you can recover your attorney fees. You can also file a complaint with the Contractors State Licensing Board: http://www.cslb.ca.gov/
Q: 25+ YR 60' retaining wall built incorrectly per original plans, falling apart. Can original contractor insurance be sued
1 Answer
| Asked
in
Construction Law and Insurance Bad Faith
for
California
on
Answered on Sep 2, 2017
Answered on Sep 2, 2017
William John Light's answer
No. There is a 10 year statute of limitations on latent defects. Also, although the wall deviated from plans, it would be hard to argue that a wall that lasted 60 years was defective.
No. There is a 10 year statute of limitations on latent defects. Also, although the wall deviated from plans, it would be hard to argue that a wall that lasted 60 years was defective.
Q: How do I confront discrimanitory eviction from a storage facility having broken no rules ?
1 Answer
| Asked
in
Consumer Law, Construction Law and Landlord - Tenant
for
California
on
Answered on Aug 29, 2017
Answered on Aug 29, 2017
William John Light's answer
I would imagine that your rental agreement contains the rules pertaining to your stay, and that the Notice of Eviction specifies what contractual rules you are alleged to have broken. We could answer a lot more accurately if you would provide all of the facts.
I would imagine that your rental agreement contains the rules pertaining to your stay, and that the Notice of Eviction specifies what contractual rules you are alleged to have broken. We could answer a lot more accurately if you would provide all of the facts.
Q: Are there laws to help an 85-year old break a contract for $9000 worth of work she was pressured into?
1 Answer
| Asked
in
Consumer Law, Contracts, Elder Law and Construction Law
for
California
on
Answered on Aug 29, 2017
Answered on Aug 29, 2017
William John Light's answer
Contact the State Contractor's License board and your local District Attorney's office and report the contractor for elder abuse. This type of conduct is a well known scam to prey upon the elderly.
Contact the State Contractor's License board and your local District Attorney's office and report the contractor for elder abuse. This type of conduct is a well known scam to prey upon the elderly.
Q: Regarding Florida Statue 558. Are the days counted for inspection period and written response business or calendar days?
Terrence H Thorgaard's answer
Unless a statute provides otherwise (and in the case of Chapter 558 of the Florida Statutes, it doesn't) it would be calendar days,
Unless a statute provides otherwise (and in the case of Chapter 558 of the Florida Statutes, it doesn't) it would be calendar days,
Q: In a florida civil court judgment is there a specific method of payment to plaintiff?
1 Answer
| Asked
in
Civil Litigation, Collections, Construction Law and Consumer Law
for
Florida
on
Answered on Aug 25, 2017
Answered on Aug 25, 2017
Andy Wayne Williamson's answer
Sorry but your question doesn't quite make sense.
It sounds like you had an attorney and won your case and now have a dispute with your attorney over the settlement check.
You need to hire an attorney to address these questions or work out your differences with your current attorney.
Sorry but your question doesn't quite make sense.
It sounds like you had an attorney and won your case and now have a dispute with your attorney over the settlement check.
You need to hire an attorney to address these questions or work out your differences with your current attorney.
Q: what type of lawyer do I need ? we hired a contractor company to redo the kitchen, it was a 45 day job still going...
Richard Michael Gee's answer
You probably need a Georgia licensed attorney with construction law experience. Look for Construction Lawyers. I would probably look for lawyers on this site and then look at those lawyers you find here who have been rated AV by the Martindale Hubbell lawyer directory near where your home is located, if not in the same town. www.Martindale.com
You probably need a Georgia licensed attorney with construction law experience. Look for Construction Lawyers. I would probably look for lawyers on this site and then look at those lawyers you find here who have been rated AV by the Martindale Hubbell lawyer directory near where your home is located, if not in the same town. www.Martindale.com
Q: We hired a contractor to install some floors in our home on an hourly basis. he did it wrong and will not fix
1 Answer
| Asked
in
Consumer Law, Contracts and Construction Law
for
California
on
Answered on Aug 21, 2017
Answered on Aug 21, 2017
William John Light's answer
Sue in Small Claims court and recover your actual damages up to $10k. Bring photos, receipts, contracts, cancelled checks or other documents necessary to prove your case.
Sue in Small Claims court and recover your actual damages up to $10k. Bring photos, receipts, contracts, cancelled checks or other documents necessary to prove your case.
Q: We own a house and the water company digged up our driveway without warning, we can't even park in it. what can we do?
1 Answer
| Asked
in
Real Estate Law, Construction Law and Land Use & Zoning
for
Illinois
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
Ray Choudhry's answer
Usually the cities provide the water.
Is it a private water company.
There are rules as to what can be done if the water lines have a problem.
If it is the city, check with them as to what they plan to do.
Usually the cities provide the water.
Is it a private water company.
There are rules as to what can be done if the water lines have a problem.
If it is the city, check with them as to what they plan to do.
Q: Our personal property inside our home was damaged by a roofing company. Are they responsible? Or is the landlord?
1 Answer
| Asked
in
Products Liability, Construction Law and Landlord - Tenant
for
Texas
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
William Head's answer
You need a lawyer to sue these folks, which means the landlord and the roofing company. Let the court case determine who pays, between the two of them. Look up Landlord Tenant lawyers in the Texas city closest to you, on SuperLawyers. com
You need a lawyer to sue these folks, which means the landlord and the roofing company. Let the court case determine who pays, between the two of them. Look up Landlord Tenant lawyers in the Texas city closest to you, on SuperLawyers. com
Q: what is the compensatory damages for contractor when a product is defective
1 Answer
| Asked
in
Products Liability, Business Law and Construction Law
for
New Jersey
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
William Head's answer
Difficult to say. You will likely have some finger-pointing. The manufacturer will say that your contractor did not heed warnings or instructions on the label. The contractor is blaming the defective product.
You problem is, that the claim is too small for most civil lawyers to want to handle. When no personal injury occurs, civil litigation attorneys usually won't sign on, to file suit.
You can go to small claims court, possibly.
Difficult to say. You will likely have some finger-pointing. The manufacturer will say that your contractor did not heed warnings or instructions on the label. The contractor is blaming the defective product.
You problem is, that the claim is too small for most civil lawyers to want to handle. When no personal injury occurs, civil litigation attorneys usually won't sign on, to file suit.
You can go to small claims court, possibly.
Q: Can an unlicensed person contract with a homeowner to do construction? He initially represented himself as licensed.
1 Answer
| Asked
in
Contracts, Construction Law and Consumer Law
for
Florida
on
Answered on Aug 9, 2017
Answered on Aug 9, 2017
Andy Wayne Williamson's answer
Potentially yes. It is illegal to contract without a license. It is also a crime. Alert the police and ask them to investigate.
Potentially yes. It is illegal to contract without a license. It is also a crime. Alert the police and ask them to investigate.
Q: Should I be concerned if a lien is filed against my property?
Steve McCann's answer
Yes, if you ever intend on selling the property. I would recommend consulting with an attorney familiar with liens to evaluate the lien, as it may have been filed improperly and thus invalid.
Yes, if you ever intend on selling the property. I would recommend consulting with an attorney familiar with liens to evaluate the lien, as it may have been filed improperly and thus invalid.
Q: Contractor estimated cost. When done, invoices equaled 50% more than estimate, without any prior notice. Are we liable?
Paige Kurtz's answer
It will likely depend on the language of the contract as to whether the increased cost is valid. If that comes in an e-mail with no other terms, your oral statements could also potentially be a part of the contract. If the contractor did not state that this was an estimate or the actual costs may be higher or lower, it is more likely that this was the contract price and not an estimate. Your best option is to attempt to negotiate a resolution with the contractor over the increased amount.
It will likely depend on the language of the contract as to whether the increased cost is valid. If that comes in an e-mail with no other terms, your oral statements could also potentially be a part of the contract. If the contractor did not state that this was an estimate or the actual costs may be higher or lower, it is more likely that this was the contract price and not an estimate. Your best option is to attempt to negotiate a resolution with the contractor over the increased amount.
Q: Am I obligated to pay a cabinet contractor the balance of the contract if work is poor workmanship and incomplete?
Andy Wayne Williamson's answer
Best answer based upon the limited facts here. No.
Sounds like you may need to bring a claim against the cabinet maker for breach of contract. Also if you don't pay he may bring a complaint against you for alleged breach for you not paying. Either way you are on a collison course to the courthouse.
I suggest you consult with an attorney to go over the plans shop drawings ect before you decide to go to court.
Best answer based upon the limited facts here. No.
Sounds like you may need to bring a claim against the cabinet maker for breach of contract. Also if you don't pay he may bring a complaint against you for alleged breach for you not paying. Either way you are on a collison course to the courthouse.
I suggest you consult with an attorney to go over the plans shop drawings ect before you decide to go to court.
Q: I hire a company to do repairs to my house .the company started but never finished. Can I hire a lawyer to handle case?
1 Answer
| Asked
in
Business Law, Small Claims, Construction Law and Consumer Law
for
Virginia
on
Answered on Jul 30, 2017
Answered on Jul 30, 2017
Q: Contractor quotes $2,500 verbal, hits gas line, job still not done 3 mo. Later sends me bill, for 4,066. How to dispute
Steve McCann's answer
I would recommend organizing all information that is relevant to this situation, including pictures and communications with the contractor, and consulting with an attorney individually. A knowledgeable attorney will review the details surrounding this situation, and will advise you as to your options moving forward, which will likely begin with sending the contractor a demand letter. Many of us offer free consultations, so it will not cost you anything to obtain a professional's opinion that...
I would recommend organizing all information that is relevant to this situation, including pictures and communications with the contractor, and consulting with an attorney individually. A knowledgeable attorney will review the details surrounding this situation, and will advise you as to your options moving forward, which will likely begin with sending the contractor a demand letter. Many of us offer free consultations, so it will not cost you anything to obtain a professional's opinion that...
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