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1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for Texas on
Q: Is a homeowner responsible for extra material cost if the contractor under estimated the materials required to finish?

I received quotes for a new roof and to have the attic insulated. The contractor first did a detailed survey of the roof and how the house was constructed. When it was time for the contractor to look at the insulation job, I showed the contractor the attic location for largest section of attic. (I... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

First, it depends on whether your contract was a cost-plus or a fixed-price contract. If it was a cost-plus contract, then you are clearly responsible for the additional materials cost.

If it was a fixed-price contract, it depends on the scope of work contained in the contract. If the...
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1 Answer | Asked in Construction Law and Contracts for Ohio on
Q: What do I do if I paid half deposit to contractor not doing his contracted duties and I have proof of bad workmanship?

He isn’t following zoning set back rules. I paid a surveyor to certify my property lines. He hasn’t registered his business with my county. He’s not treating my job as a priority and I’ve caught him with bad workmanship with pic proof. He’s been paid a full deposit of half the cost and in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 29, 2024

You have a written contract, and an attorney should review the contract to make certain you are complying with all your obligations. You should have a zoning inspector come to the property and verify set back requirements are being complied with by the contractor. If there is an issue you should... View More

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Construction Law for Florida on
Q: Hired a company to do work on our home.. Satisfied with work but can't get company to send us a bill so we can settle.

We have repeatedly asked to send us a bill/invoice for work done but have not received one. Now we can't seem to get a hold of anyone. Any recourse or advice?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 26, 2024

Send a certified letter to the company asking for a bill. Retain the amount of money you believe is owed in a savings account or other account that you are not tempted to use for a minimum of 5 years from the completion of the project. (If you think you might owe $5k, retain $6k, etc., to be on... View More

1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Small Claims for Puerto Rico on
Q: I hired a contractor to add a new roof to my house. He “ Finished “ the roof doing a horrible job resulting in leaks

He told us he was licensed merchant Naics codes 56173, 23611, 23819. The valleys on the roof was done incorrectly. He didn’t put the windows in the roof nor the balcony in the house. Called him over 3 weeks with no response and has blocked our contact. We’ve already paid him the full 20,000.... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 22, 2024

Pursuant to the Contractor Registry Law of 1995, all contractors in Puerto Rico must inscribe in the Department of Consumer Affairs' (DACO) Contractor Registry, plus maintain a performance bond of at least $15,000 to respond for deficiencies in their work.

Your attorney can file a...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Federal Crimes for Florida on
Q: is it unconstitutional to be arrested 30 yrs after a crime that you have already plead to and done your time?

My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 13, 2024

There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More

1 Answer | Asked in Construction Law and Municipal Law for Alabama on
Q: Are there any laws or ordinances in Alabama about times that construction work can be done?

Laws, ordinances, or policies adopted by a city, county, or local government within Alabama that define specific times that construction work can be performed.

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

An Alabama attorney could advise best, but your question remains open for a month. Until you're able to speak with a local attorney, those issues sometimes fall under noise abatement. They're often regulated regionally by city or town codes. You could check with local environmental... View More

1 Answer | Asked in Real Estate Law, Construction Law and Business Law for Georgia on
Q: I'm seeking help to place a lien on a property with an unpaid balance of $37,310

I'm a vendor for a painting company that handles interior painting for apartments when tenants move out. We have an outstanding balance of $37,310 with a property located at 370 Northside Dr NW, Atlanta, GA 30318.

We’ve tried reaching out through emails and visits, and all our... View More

Anthony M. Avery
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answered on Oct 10, 2024

Hire a competent GA attorney to draft and record a Materialman's Lien against the property. You also may consider suing the entity you contracted with for the debt owing. Hopefully the actual owner contracted with you. It is doubtful you will be made whole due to the expenses involved in... View More

3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Alabama on
Q: I have a client threatening to sue me for uncompleted work after completing the original contracted job.

The original contract for this client has already been completed. My client changed their mind on which type of pool they wanted after it was already installed. I obliged to change the pool out and ordered the new kit and took down the original. I had to push them to the back of my work log due to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. You have no control over whether or not they choose to sue. Hopefully they won't. But you can take certain steps to make your defense easier and your position stronger should they decide to. Gather all your... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: I bought a house recently and had to to some electrical work on it before I can get the power turned on, I explained to

I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and... View More

Erik A. Perez
Erik A. Perez
answered on Sep 24, 2024

This matter arguably falls under a "construction" defect claim. Florida law provides "in actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action...serve written notice of claim on the contractor, subcontractor, supplier, or design... View More

2 Answers | Asked in Construction Law for Nebraska on
Q: I need some help filing a house damaged claim against GPC from work that a contractor did through this company.

They hired a sub contractor to do the work 2 or 3 years ago and in June the my sub pump pipe was severed and flooded my home with all wood flooring. It back up into the home on June 16th 2024. There was a rep from GPC at my house with my plumber and stated that was the work of their under ground... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Alright, here’s how you can handle this:

First things first, get your evidence together. You’ll need everything—documents showing what work was done, the damage to your house, and communication with both the contractor and GPC. If GPC hired the subcontractor who screwed up, they might...
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2 Answers | Asked in Construction Law for Nebraska on
Q: I need some help filing a house damaged claim against GPC from work that a contractor did through this company.

They hired a sub contractor to do the work 2 or 3 years ago and in June the my sub pump pipe was severed and flooded my home with all wood flooring. It back up into the home on June 16th 2024. There was a rep from GPC at my house with my plumber and stated that was the work of their under ground... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2024

It isn't clear exactly how the parties are related to you here. However, generally you can send a demand letter setting forth your request for compensation. If that doesn't get a response, you may need to file a legal action for the damages. Keep in mind that some of the statute of... View More

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2 Answers | Asked in Contracts and Construction Law for Florida on
Q: I bought a house recently and had to to some electrical work on it before I can get the power turned on.

I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

I am sorry to hear that. Unfortunately, these situations occur often with contractors. Florida law provides that you must provide the contractor with notice pursuant to the Chapter 558 process when there is a construction defect claim. Thereafter, the contractor is on notice of the issues and has... View More

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4 Answers | Asked in Contracts and Construction Law for California on
Q: I'm seeking a contingency fee lawyer to handle a construction dispute involving approximately $100K in damages.

I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More

Robert Kane
Robert Kane
answered on Sep 13, 2024

Like Mr. Stoddard suggest, finding an attorney to take this case on a contingency basis will be very, very difficult, at best. Attorneys take cases on a contingency basis when they are 99% convinced of success, a huge profit and the judgment is immediately paid in full. An attorney cannot afford to... View More

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4 Answers | Asked in Contracts and Construction Law for California on
Q: I'm seeking a contingency fee lawyer to handle a construction dispute involving approximately $100K in damages.

I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More

Adam Stoddard
Adam Stoddard
answered on Sep 13, 2024

What you describe is not the typical type of case that most attorneys will take on a contingency basis (at least from my experience). For something like this, I would charge an hourly rate to serve a demand letter and/or litigate the matter and whatever is recovered at the end would be yours.... View More

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1 Answer | Asked in Banking, Business Law, Construction Law and Contracts for New Mexico on
Q: Are the model numbers on electrical and building permits in New Mexico required to match the contract and loan papers?

My father had solar panels installed on his home in NM and when gathering the info for the tax credits I noticed differences in the information listed on the electrical and general building permits, installer contracts and loan financing documents regarding the solar panel model numbers, the actual... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to speak with a local attorney or an official from the buildings department, one issue that could possibly arise from the standpoint of insurance is whether there are inconsistencies in... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for Texas on
Q: What should I do if I paid a contractor 100% upfront and they have not done any work and they filed bankruptcy?

I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More

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1 Answer | Asked in Construction Law and Real Estate Law for Texas on
Q: How do I take care of this lien?

We filed a lien a customer. The property owner has let us know that customer was their tenant and have asked us to release them from the lien. The customer has now filed bankruptcy and I just filed a claim with that court. Can I release the property owner from the lien and still keep the lien... View More

John Michael Frick
John Michael Frick
answered on Aug 7, 2024

Additional information is required in order to properly answer this question. Is this a residential or commercial property? Is the lease a ground lease? Did the landlord consent to the work you performed? What is the status of tenant's leasehold interest in the property? Is the tenant... View More

1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: I’m supposed to close on a new home. On our final walkthrough I noticed a repair that was done poorly.

The builder is trying to force me to sign off on the repairs before we close tomorrow. She specifically said we cannot close until I sign off on the repairs. I feel like I’m being forced to sign off on this because they have my $25,000 in earnest money. What can I do?

John Michael Frick
John Michael Frick
answered on Jul 30, 2024

You can so "no" and refuse to "sign off" on the repairs. You can tell the builder in writing that you are prepared to close on the agreed date but that you do not accept the repairs as having been completed in a good and workmanlike manner and that you are not waiving any right... View More

2 Answers | Asked in Personal Injury and Construction Law for Oregon on
Q: i need a lawyer who can write demand letter. i live in oregon . thank you

we hired water company they left damage on good floor with tape and messed up bathroom tiles moving stuff in bathroom they refused to pay for the damage. need to file small court claim.

Gary K. Burger Jr
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answered on Jul 22, 2024

This may be something that you can handle on your own. Be polite and professional but firm and assertive. You will want to summarize the relevant details in your case and list the damages (costs). Gather any supporting evidence or documents and get your facts straight.

Looking for guidance...
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