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Construction Law Questions & Answers
1 Answer | Asked in Construction Law and Contracts for Maryland on
Q: Developer states "he never agreed" to build facilities despite being listed in sales contract. What is our recourse?

This a brand new community. It's labeled as a recreational facilities agreement. It states: "The developer shall contract the following for the Largo Town Centre: ..." However, the community name is Largo Creseant. I find it odd that they would build a gym, gazebos, and tennis courts away from the... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 12, 2019

You should consult local counsel to see what options you have. Without seeing the agreement it's hard to say whether anyone breached the contract.

1 Answer | Asked in Construction Law for California on
Q: In California, if a contractor working on your home does damage to property, are they required to pay for defect repair?

Scaffolding company put their scaffolding on a small decorative wall and cracked it. The house is 90 years old, the wall was standing strong. But when cracked it is apparent the wood inside is gone. But it really did not matter as the stucco was thick and intact. The scaffold company claims they... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 10, 2019

He is probably right about the dry rot.

That was already there before they came along.

It’s probably good it was discovered as it could have gotten much worse or even dangerous!

1 Answer | Asked in Contracts and Construction Law for Pennsylvania on
Q: Is Statue of Limitations extended if contractor promises to address issues and concerns and never does? Worknotcod

No comments.

Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

No, not automatically as a general matter. But parties can extend the statute of limitations through a written agreement if they are both willing to do so. Good luck

Tim Akpinar

2 Answers | Asked in Employment Law, Business Law and Construction Law for California on
Q: I work for a contractor and he's been waiting on payment from a corporation since June of 2019 . What is taking so long?

The contractor I work for was doing a job for a company called CFS Complete Facility Solutions. We did construction work for them at a Taco Bell. We completed the job and during that process. A corporation called Cushman and Wakefield bought CFS. The contract says they have 90 days to pay us and... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 6, 2019

If you are an employee of this contractor, your employer cannot make you wait for your pay until a client pays. You are entitled to payment on regularly designated pay days.

As to why there is a delay, there could be any number of reasons and no one here can know that answer. There are...
Read more »

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1 Answer | Asked in Construction Law and Real Estate Law for Florida on
Q: a lawn service put a construction lein on property i rent say i own money when i don't. how do i fight it.
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2019

If I understand your question correctly, you are the tenant, not the owner. So what do you care?

1 Answer | Asked in Contracts, Construction Law, Internet Law and Libel & Slander for Arizona on
Q: Can a 3rd party contractor sue for negative online reviews if no money exchanged hands

We are a 3rd party contractor for Home Warranty companies. And customers of the home warranty company are posting negative online reviews, some for reasons out of our hands, due to our restrictions in our contract with the home warranty company. Can we issue a cease and desist and sue if the... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 21, 2019

If you consulted with an attorney regarding such a letter or legal action, they would likely want to see each individual review. If they're negative, it's possible that in itself is not necessarily actionable. An attorney who deals with defamation would examine if they were false and harmful, among... Read more »

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Q: Is there anything that can stop construction of something on neighboring property that will lower my property value?
Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Not if the structure will be in compliance with zoning and other laws, and the project is run in compliance with OSHA, environmental, labor, fire & safety, and other codes. Your question remained open for three weeks. Those are some general considerations. You could consult with an Indiana attorney... Read more »

1 Answer | Asked in Contracts and Construction Law for California on
Q: Construction: Can a client require a materials/ Labor breakdown before issueing payment on a signed contract?

We submitted billing for a partial contract amount, waited for two months only to find out that the general contractor is requireing us to submit a materials/ labor breakdown. This was not stated in the initial signed contract and in my opinion is a breach of what I consider to be trade secrets.

George W. Wolff Esq.
George W. Wolff Esq. answered on Nov 14, 2019

Normally if you have a fixed price contract, the other party cannot ask to see your labor and material costs.

The contract you have might require this, or require a list of your subcontractors, so please review your contract in detail or have legal counsel do so.

1 Answer | Asked in Civil Litigation and Construction Law for Kentucky on
Q: What type of lawyer do I need to sue for a manufacture issue for a mobile home?
Timothy Denison
Timothy Denison answered on Nov 12, 2019

Products Liability.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: as a qualifying agent for a licensed building contractor in florida can i write a contract in my name with their license

and or have no payment made to them just to me and any other trades involved

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2019

No, of course you can't do that.

1 Answer | Asked in Civil Rights and Construction Law for Oregon on
Q: Can the city be held responsible for damages to my water heater from not notifying us when they said they would?

They have been doing work on water mains for over a month and we got 1 letter saying they would let us know when the water would be off but we have not been notified a single time out of dozens and our water heater ran dry multiple times and now is not working properly, i even emailed the city... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 9, 2019

The cost to litigate such a case could exceed the replacement costs to the heater. If other residents in your area also sustained related damages, that could help spread legal costs. That could be something to look into before consulting with a local attorney. Good luck

Tim Akpinar

1 Answer | Asked in Construction Law and Real Estate Law for Nevada on
Q: Should I get an attorney to purchase a new construction home with a major home builder in a new subdivision in Nevada?

I know that the the company has a standard contract that they will not change. I also know that the builder has a very good consumer affairs rating. The state where I currently live requires an attorney for real estate deals, but Nevada does not. I do not know if it will change anything to have an... Read more »

Vincent Gallo
Vincent Gallo answered on Nov 7, 2019

If you feel confident in putting your entire trust and faith in the person on the other side of the deal, that then becomes a personal decision on your part. Also, is the builder being represented by an attorney?

1 Answer | Asked in Contracts, Construction Law and Landlord - Tenant for Oklahoma on
Q: living in this rental home since march of 2019. In May of that year the heat/air entire unit went out. what can I do?

I have been with no air all summer, do have window units but its now winter and I have 2 dogs that stays inside. there is no heat provided at all. The air ducts and installation is still not installed and its been like that since May 2019. At time of the lease signing everything was working.

Doak Willis
Doak Willis answered on Nov 4, 2019

You must contact the landlord in writing notifying him/her of the problem.Title 41 section 121 of the Oklahoma statutes can be read by you but says the following. C. Except as otherwise provided in this act, if, contrary to the rental agreement or Section 18 of this act, the landlord willfully or... Read more »

2 Answers | Asked in Construction Law for California on
Q: We lost our home in the Carr Fire and have rebuilt. I fear that we have been overcharged and was wondering what to do
George W. Wolff Esq.
George W. Wolff Esq. answered on Nov 4, 2019

Why do you feel you were overcharged?

Was this a fixed price or cost-plus contract?

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1 Answer | Asked in Consumer Law and Construction Law for Colorado on
Q: I recently was charged a fee of $1000 for 3 days late Payment on a $4088 b’room remodel. Is this legal? Ursury? Colorado

Contract stated 25% fee every week for non payment. The original invoice was in dispute, and after 7 days they charged me $1022 in interest on an invoice of $4088. I believe in Colorado the ursury limit is 45% per annum. Does ursury limits apply in this case, or is it just consumer loans (money... Read more »

Donald C Eby
Donald C Eby answered on Nov 2, 2019

Usury does apply to late fees in lease agreements.

You may want to get an attorney to help you in dealing with this party. A demand letter from an attorney could help to convince the opposing party that this will not work out well for him/her.

1 Answer | Asked in Construction Law for Colorado on
Q: Hello! I am wondering if home builders in Colorado are required by law, to provide a 10 year structural warranty?
Donald C Eby
Donald C Eby answered on Nov 1, 2019

No but yes. Builders are not required to offer any warranty. But, a owner may bring suit against the builder under the Construction Defect Statute for defects for up to 10 years after completion of the home.

Hope helps. You should contact an attorney if your builder is not cooperating...
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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Does a builder have to escrow non-refundable deposits when they build less then 10 homes per year? See statute 501.1375

Also, the client owns the land already where the home was to be constructed.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

Without spending any time reviewing the statute mentioned here I will point out the obvious: If the deposit is "non-refundable" then it is probably NOT covered under the statute cited.

Having said that I feel that I would be remiss in not presenting this free practical advice--offered for...
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1 Answer | Asked in Construction Law for Texas on
Q: If a construction company broke contract by not having the house done by the completion date what can i do? Its 2

Months over and they ignore our calls and messages. These people are rude and disrespectful. We have been in contract with them since june 2018 and our house is yet to be finished ! They havent worked on the house for months plus they have made so many mistakes that we have had to pay out of pocket... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 28, 2019

This is something a Texas attorney would best advise you on, but your question remains open for three weeks. If you consulted with an attorney, they will ask for the underlying contract and other documents you have for the project, including specs, change orders, records of emails or other... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Construction Law for Minnesota on
Q: If someone piled grave on my lots without asking to do so do they have the right to it

The county had another company haul in gravel and pile it up on my personal lots and I knew nothing about it and now they want to lay claim to it

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

A Minnesota attorney could advise in the best manner, but your question remains open for three weeks. As a general rule in virtually any jurisdiction, the homeowner does not get a windfall from the mistake of the county or its contractor in such a situation. Most anywhere, the gravel would be... Read more »

2 Answers | Asked in Contracts, Criminal Law and Construction Law for Texas on
Q: DID WORK FOR HOMEOWNER AND NOW HE DON\T WANT TO PAY
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 26, 2019

This is not a matter of criminal law. Talk to an attorney who practices civil law or research filing a small claims lawsuit in the Justice of the Peace court. There are multiple JP courts in most counties so figure out the proper court for the street address of the home where you did the work.

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