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The contract between me and the contractor does not state anywhere for roofing to be put on me for HVAC installation; however, it was. I agreed to pay the roofing for the job the day of installation as they brought it up, but fast forward, the price for roofing doubled. I believe because of the... View More 
answered on Jul 4, 2024
Thank you for your question!
Did you have a written contract with the company before starting the work? If yes, then you may limit the price only to the reasonable value of their performed job for the roof.
In general under unjust enrichment legal theory, at least you should pay... View More
I cannot afford to retain attorney, likely litigation, and high priced land surveyors but compensation is owed. It has been ongoing for 5+ years. They intentionally demolished the shared block wall when i was not paying attention forcing me to resign myself to them rebuilding it 2" in our... View More
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answered on Jul 3, 2024
Here are some potential options to pursue your case without retaining an expensive attorney:
1. Small Claims Court:
- For claims up to $12,500, you can file in small claims court without an attorney.
- This is a simpler, faster process designed for self-representation.... View More
The restoration company led us to believe that our insurance policy included coverage for damages. We called our insurance co and a plumber when we noted the leak. Insurance co. was there within hrs. and asked to see insurance policy. He began quoting dollar figures that we would be compensated... View More
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answered on Jul 1, 2024
This is a complex situation that involves multiple areas of law, including insurance, contract, and potentially elder law. Here's a breakdown of the key issues and some potential steps you might consider:
1. Insurance Claim Denial:
- Review your insurance policy carefully to... View More
They sealed the grate to the outside so I cannot access the condenser coils to clean them. And now my compressor has failed. If they had not permanently attached the grate to the outside them I could have cleaned it and made it last a lot longer. My building was built in 2008, not sure if I can... View More
answered on Jul 1, 2024
The law generally provided an implied warranty that contractors will do their work in a good and workmanlike manner. Your question strongly suggests your contractor did not. Generally Oregon has a four-year statute of limitations for breach of implied warranty claims from the date the contractor... View More
I have a small repair shop. I have a job that is needing be done outside of my repair shop. The contractors license is necessary for the dollar amount. My employee is a licensed contractor but is working for me under my Workmen’s Comp.. Can I do the job under her contractors license, if she is... View More
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answered on Jun 27, 2024
1. Generally, a contractor's license is not transferable. You cannot simply "use" your employee's license for your business operations.
2. In California, the person or entity performing contracting work must hold the appropriate license. If your business is performing... View More
Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person
I mean like having them proscuted now they live in the US I know there contact information and they live in Illinois and I am in Missouri thank you in advanced
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answered on Jun 21, 2024
There's no blanket rule preventing you from pursuing legal action against someone who scammed you in 2018 via Western Union. However, there are some important factors to consider:
1. Statute of limitations: Each state has time limits for filing lawsuits or criminal charges. You'll... View More
We are concerned that residential builders are not required to be licensed in NH and we’re unclear on whether the use of a contract is common practice
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answered on Jun 21, 2024
Good morning. We deal with this all the time and I strongly encourage you to hire an attorney well-versed in building contracts to help guide you or to handle the transaction. NH builders are not regulated but even in places where they are (like in Massachusetts), there can be serious problems if... View More
Tenant claims he got work done in Sept 2022 on rental property with permission from the deceased spouse of the landlord but the surviving spouse does not know about work or permission. No written contract or permission but the tenant has videos of work being done in Sept 2022.
The surviving... View More
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answered on Jun 21, 2024
This is a complex situation involving several areas of California law. Let's break down the key issues and address your questions:
1) How should the landlord handle this Claim of Mechanics Lien & proceed with sale of property?
The landlord should take this claim seriously,... View More
The contractor failed to get the necessary inspections so had to tear out work that was already paid for and almost finished. After the inspection he's claiming there's an outstanding balance now. He will now redo any work and considers the contract closed. If I want him to come back... View More
answered on Jun 19, 2024
For construction projects, the parties' rights and obligations are generally dictated by the terms of the contract or agreement. It will be difficult for any lawyer to answer this without reviewing your contract. Florida has a "prior breach" doctrine which can sometimes excuse one... View More
Got my roof installed, representative quoted me 27k and guaranteed that my roof wouldn't exceed the 15% included roof replacement. In the end, my roof was bad and he requested another 10k. Gave me a 4k discount but still was unhappy. The whole roofing project was sloppy and poor workmanship.... View More
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answered on Jun 15, 2024
Under California's two-party consent law, it is illegal to record confidential conversations without the consent of all parties involved. However, there are some exceptions to this rule, particularly when there is no reasonable expectation of privacy.
Here are a few key points to... View More
I received a quote for whole house rewiring and finishing. It was divided into the rewiring and finishing and then the second line item was for new amp service. He did the new amp service to my knowledge and the rewiring. I paid him 60% of the total bill which I thought was paid in full for the... View More
answered on Jun 13, 2024
If you received a quote, agreed for him to do the work, and he started doing the work but hasn't finished it, you have a contract even if you do not have a fully integrated written document commemorating of the terms of your agreement.
If you breach the agreement by not allowing him to... View More
Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More
answered on Jun 10, 2024
It depends on the nature of the job and what a reasonable time for completion of that particular job is.
In a contract, the parties usually must explicitly agree on a firm completion date if it is important to the parties when the work must be performed. The phrase used to describe this... View More
Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More
answered on Jun 11, 2024
Recently had a decision from the Fifth District that held that the contract did not have a completion date, and the contract did not state that "time was of the essence", therefore the absence from the project for even a long period of time was not a material breach. Attempting to... View More
We were advised that developers “CANNOT” use funds from a NY buyer on a Florida purchase. Can you confirm? Thx
answered on Jun 10, 2024
Unfortunately, no attorney here on Justia can address the situation posed here without a review of the contract for purchase and sale and any agreement with the escrow/closing agent. In general, there is no prohibition on out of state buyers purchasing property in Florida, although recent... View More
For our 300sqft addition, our contractor graded the existing property 3 feet below the existing soil level, exposing the foundation of the existing perimeter structures. We failed final inspection on 9 items (8 were uncompleted scope items, and one was that this exposed existing structure... View More
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answered on Jun 3, 2024
Under California law, a contractor is generally not entitled to final payment until the contracted work is completed to the agreed-upon standards and has passed all required inspections. Since your project failed final inspection on multiple items, including the safety hazard caused by... View More
Just closed on new construction home and moved in with verbal agreement with contractor that he would fix drainage issues in yard. Two attempts to correct were unsuccessful. Photos and email sent to contractor showing water still pooling. No response. We contacted reputable landscape/excavation... View More
answered on Jun 1, 2024
A lot of money is at issue. Have an attorney read the contract and do a consultation. The answer to your question is “it depends.” If you pay then sue you may face an affirmative defense of the “voluntary payment doctrine.” But there’s a type of claim to which case law holds that... View More
I paid a construction company to build an ADU via lenders and I can't get an answer from them on any updates. I want to get my money back.
answered on Jun 2, 2024
Thank you for your question!
You need to document all your requests for an update and lack of any progress on your project.
If the company fails to respond in a reasonable amount of time, you send them a demand letter with the help of a lawyer.
If the negotiation fails, you... View More
I paid a construction company to build an ADU via lenders and I can't get an answer from them on any updates. I want to get my money back.
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answered on May 31, 2024
Under California law, if you paid a construction company to build an ADU (Accessory Dwelling Unit) and they are unresponsive about updates, there are steps you can take to seek a resolution. First, review your contract to understand the terms and conditions, including any clauses about project... View More
No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More
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answered on May 31, 2024
In a Trial De Novo for a small claims appeal in the Superior Court of California, you need to present your defense and supporting documents clearly and concisely. Start by organizing all relevant documents, including receipts for the $2,000 payment, proof of purchase for supplies, and any... View More
No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More
answered on May 31, 2024
A home building contractor is governed by the Contractor’s State License Law (Bus & P C §§7000 et seq). This law defines a “contractor” very broadly to include anyone who does any work on a building project of any kind. Home improvement projects worth more than $500 must be in writing... View More
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