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Construction Law Questions & Answers
1 Answer | Asked in Employment Law and Construction Law for Rhode Island on
Q: I bought a Dallas cowboys hardhat..My employer came up to me with a company hard hat and told me I have to wear it
Neville Bedford
Neville Bedford answered on Jul 6, 2020

Your employer controls the terms of your "at will" employment. Terminating you for refusal to wear his helmet is not likely considered to be discrimination, as Cowboy fans have not yet been defined as a protected class, nor granted a religious affiliation, sex, or gender identity that... Read more »

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: What are my options for resolving construction defect dispute with contractor? How can I find legal guidance?

I contracted with a concrete contractor to pour 290 sq. ft. for a concrete patio for $2750. The contract stated the concrete was to be "an average of 4 inches in depth." I pulled 40 measurements (one per lineal ft) from the concrete patio they poured and the depth ranges from 1.67 to 3.75... Read more »

Donald C Eby
Donald C Eby answered on Jul 6, 2020

If the contract has an arbitration clause initiation arbitration is you next step.

1 Answer | Asked in Employment Law and Construction Law for Colorado on
Q: I recently received a court order to my home address of a company I managed in 2018, and was closed in august 2019.

The order was received at my home address, and stated on the order that it is the companies active office. When the company has been closed since august. I was just a manager and I’m getting the blame cause I was the point of contact. There was draining damage when we did pier drilling, and I was... Read more »

Donald C Eby
Donald C Eby answered on Jul 3, 2020

There is no way to give you good advise here. An attorney will need to see the documents you were served with to provide you with an assessment of your rights, remedies, and risks. And this could be serious, so you'll want to properly respond to avoid taking o liability. You should contact... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Construction Law for Missouri on
Q: Would a County Prosecutor be the person to approach about a case of fraud?

A Contractor I hired to remodel my home merely covered ceilings with new drywall rather than removing damaged, molded tiles, insulation, & wood. He did the same with plywood on the floors. This was unknown to me until after I fired him & hired a new Contractor. The floors are now COVERED... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 2, 2020

You could contact the Missouri Attorney General's office. If work was done poorly, as opposed to your money being taken and no work done, unfortunately that office is unlikely to go after the contractor on your behalf. You'd need to hire your own attorney to sue but before doing so you... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Construction Law and Energy, Oil and Gas for Pennsylvania on
Q: How do I find an electrician's insurance information? He is registered in Pennsylvania.

(He will not provide the details himself).

Elizabeth Tarasi
Elizabeth Tarasi answered on Jun 23, 2020

You can also make a claim under your homeowners policy. They will investigate the electrician if it’s covered under your policy.

2 Answers | Asked in Real Estate Law, Business Law, Construction Law and Land Use & Zoning for Pennsylvania on
Q: How do I find an electrician's insurance company if he will not provide it? Damage was done and need to know next steps.

Electrician performed an electrical service upgrade to 200 Amps without pulling a permit. Also, when approached about damages that he caused to my hardwood floors since he refused to take shoes off or work with booties, he denied liability and just walked off the job, keeping my initial down... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jun 23, 2020

Hire an attorney and file a lawsuit

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1 Answer | Asked in Construction Law for California on
Q: Do California meals and overtime laws apply to small paving company of 11 employees?

Are there differences to the law based on the size of the company or industry (paving)?

Maurice Mandel II
Maurice Mandel II answered on Jun 22, 2020

The short answer is that the Wage Orders apply to all employers no matter what size. The complicated answer with respect to your question is whether your company is a government contractor and subject to additional laws regarding the rate of pay (prevailing wage) that they must pay to employees... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Texas on
Q: Am I liable to to pay a subcontractor if my contractor did not pay them in full?

Brick subcontractor contacted me 5 months after his work was finished and asked me to pay him the shortage I explained I had already paid the contractor for his work and there were no more funds left. I attempted to call the contractor who won’t take my calls. Now the subcontractor filed a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

You should counter sue the contractor, usually they also have to post a bond, which you should know about under the original contract. You can also sue the bonding company.

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1 Answer | Asked in Construction Law and Products Liability for New Jersey on
Q: Lawsuits against Duraplex for manufacturer defects

Sunroom construction defects in workmanship/ product.

Noel Rivers
Noel Rivers answered on Jun 17, 2020

A New Jersey attorney with experience with the New Jersey Consumer Fraud Act (CFA) would be able to speak with you regarding any defects in the sunroom you experienced. The CFA protects consumers and the acts and omissions of home improvement contractors are within its reach. To bring a claim under... Read more »

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Can I be sued By a contractor, as a old manager of a company that is now dissolved, and a job done 2 years ago?

I used to be a manager for a Construction company, and they’re trying to sue me cause I was their point of contact, for damages that happened, the job was done 2 years ago. And they contacted me 2 months ago, and didn’t ask if we could fix it or anything just plain out wants to charge me. Also... Read more »

Donald C Eby
Donald C Eby answered on Jun 6, 2020

You can be sued, although it seems that you have a strong defense so the suit is unlikely to be successful. Nevertheless, if you are served a Complaint you must answer to avoid a default judgement being entered against you.

If you get served you should contact an attorney to respond on...
Read more »

1 Answer | Asked in Employment Law and Construction Law for Pennsylvania on
Q: Was higher for a job if never done before and was to be trained how to do the job!! decided not to train me and let me g

I'm a welder and never did the welding the company does, but they where going to train me how to do the job but, decided not to train me and let me go since I can't do the job!!

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

You have a right to unemployment compensation. Unless the decision not to keep you was made for grounds that are forbidden--race, gender, religion--they aren't required to keep you. "changed our minds" is OK--but you get unemployment insurance.

1 Answer | Asked in Construction Law on
Q: plumbing issue after purchasing house

I purchased the house on April24,2020 and I done home inspection from my side that time nothing was negative but after purchasing house within a week I got major plumbing issue... now can I sue my seller?

Tim Akpinar
Tim Akpinar answered on Jun 2, 2020

Your question is something that a real estate attorney would know best, but you await an answer for five weeks. If you are able to consult with a real estate attorney in the state where this happened, they would want to see the contract. They could have questions for you - Did the seller make any... Read more »

1 Answer | Asked in Construction Law for Tennessee on
Q: I was going 85 in a 45 in a construction zone no workers were present. What should I do?

He didn’t put me down for reckless. He said the ticket he wrote was the equivalent of distracted driving

Anthony M. Avery
Anthony M. Avery answered on Jun 1, 2020

Go to Court in a respectful manner. It will probably help to hire an attorney to represent you. If there is a way to lower the number of points against your MVR, he should be able to find it. Do not just pay it in the mail, as there should be a way to lessen the severity or even dismiss it.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: Cancelled contractor's contract and he is threatening me with breach of contract.

I fired a contractor and cancelled the contract because his work was shoddy, did not meet code and he was not performing. We paid a deposit of $850. The total contract is for $1,650. He only performed a very small part (removing existing stairs). He said I'm in breach and owe the balance... Read more »

Paige Kurtz
Paige Kurtz answered on May 29, 2020

If the contract was terminated, the contractor is entitled to the reasonable value of his services. It is unlikely that the remaining balance due on the contract would be due to the contractor. Yes, you can file an action in small claims to recover the difference between what you paid and what the... Read more »

1 Answer | Asked in Criminal Law, Construction Law and Landlord - Tenant for Florida on
Q: Can a manager/contractor enter my apartment without providing ID in Florida?

I begged my landlord to repair apartment, they refused till I threatened to withhold, I don't think anyone has experience answering questions regarding the fact that masked people are at my door refusing to provide ID so I am removing this question, please do not comment further.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2020

Unless you OWN the apartment you should not ever refuse access to the owner to make simple repairs to THEIR property. Your written lease probably has a clause in it that says what I just said.

2 Answers | Asked in Business Law, Contracts and Construction Law for California on
Q: I recently received a bill from a handyman for services rendered in December of 2017. Do I have to pay this?

I have never been billed for these services and had inquired multiple times for a bill in December 2017. Since so much time has elapsed, I feel even the hours are a bit high. I believe this was an oral agreement only for the work rendered Am I still responsible to pay?

Donald M Barker
Donald M Barker answered on May 27, 2020

As a general rule, any civil action for monies owed for services or goods must be commenced within two years of providing such services or goods, with some narrow exceptions. If there is a written contract, the statute of limitations is four years, with some exceptions.

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1 Answer | Asked in Consumer Law and Construction Law for New York on

The defendants committed fraud and were a LLC when they defaulted by failing to provide discovery and did not show up for the trial the judge told us it would go back to the original complaint where each defendant and company was liable. The judge wanted a notarized assessment . During that time... Read more »

Michael David Siegel
Michael David Siegel answered on May 24, 2020

It is unclear to me what happened to you and what you want to happen now. To answer your direct question, a plaintiff must prove damages even if a case is uncontested. The proofs are uncontested but must exist and be cognizable under the law.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Work incorrect, unfinished

I gave contractor money for work that was completed incorrectly and will need to be redone, and money upfront for future work. Since he had never been back to my with several reasons and has only talked to me when I initiated contact. Because of this I told him to refund me and cease work. I told... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2020

There is no special way to settle any case. The non-disparagement clause is pretty much standard in all settlement agreements; and you are being foolish to risk not receiving your refund by insisting on your "right" to bad-mouth the other side on social media. Perhaps the other party will... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for North Carolina on
Q: potential neighbor stated he will sue us for what builder has done.

Back behind the house on the lot is a big hill of dirt from which I guess the builder was excavating. He put pine straw all over it. The neighbor (house built by the same builder) has had damage to his well kept yard, he had to spend $5000 to build a trench from the water runoff, not to mention... Read more »

Paige Kurtz
Paige Kurtz answered on May 12, 2020

If you don't own the property, then there can be no suit against you. However, if you do purchase the home and it is a condition on your property that is creating an issue for your neighbor, there may be a claim. Since you are in the process of purchasing the home, you should resolve this... Read more »

1 Answer | Asked in Contracts, Products Liability and Construction Law for Nevada on
Q: Discv'd 2 scratches in veh after hiring a landscaping bus. area of work was next to veh. withhold payment? what to do?

The landscaping company was hired to install irrigation lines and set pavers in the front yard. The crew was congregated next to our brand new 2020 4Runner with digging equipment. Discovered two scratches in the passenger side door this morning on our way to work. I want to support our local... Read more »

Tim Akpinar
Tim Akpinar answered on May 9, 2020

A Nevada attorney could advise best, but your post remains open for two weeks. Until you are able to arrange a meaningful consult with a local attorney, some things to keep in mind is that jurors could ask for proof that the business caused the scratches claimed, and whether it could be possible... Read more »

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