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Construction Law Questions & Answers

1 Answer | Asked in Construction Law for Delaware on

Q: Can you still go to a lawyer after you have gone through a TV consumer group such as NBC10 Responds?

Tim Akpinar answered on Aug 21, 2019

You should be able to. Those types of consumer troubleshooters often try to intervene and assist in solving problems for people in the community. But they don't generally act as legal advocates. If you do go to an attorney, bring your earlier efforts with the TV station to their attention, so that... Read more »

1 Answer | Asked in Construction Law for North Carolina on

Q: How much of a warranty do home builders have to provide on newly constructed homes?

We purchased a home that was completed in Mar 2018 in January 2019. Although it is a new home, we are the second owners. So we purchased it from the original owner and not the construction company. Because of this, we were told they would not extend the 1 year builders warranty to us, and it... Read more »

Paige Kurtz answered on Aug 19, 2019

It will depend on the original contract between the homeowner and the builder as to what warranties exist. Any issues that arise that are a result of faulty construction could potentially be brought against the builder within six years of the original work. Your contractor is probably thinking of... Read more »

1 Answer | Asked in Construction Law for California on

Q: Hired a home depot contractorand he quit how can i get help?

I went to home depot to have a new door installed. I talked to an employee. They took down my info and said contractors would contact me. One of their contractors started the door install. We started talking about a remodel of bath and kitchen. He started the next day. NOW HE DID THE DEMOLITION... Read more »

James Alan Greer answered on Aug 18, 2019

Homeowner With Contractor Abandonment. Your situation sounds upsetting; I'll try to offer some guidance.

First, perhaps you should be trying to contact the actual contractor that abandoned this job - do you have their company name ? if you do you can look them up online or on the...
Read more »

1 Answer | Asked in Bankruptcy and Construction Law for California on

Q: How do I find out if a construction company I hired has filed for bankruptcy?

Timothy Denison answered on Aug 15, 2019

Open an account at pacer.gov and you call search all federal databases.

1 Answer | Asked in Contracts and Construction Law for Kentucky on

Q: We provided a Final Clean for a Large Dealership in Louisville KY. The GC has not paid in two months

We files a Demand Lrt, NOI and Mechanic Lien. They bonded off and we filed claim against the surety bond. Our bond was denied and I dont understand how it reads. The terms of the Bond define the obligations of the Surety. As such, the Bond states:

“…NOW, THEREFORE, if the above... Read more »

Timothy Denison answered on Aug 14, 2019

It appears to mean you have to go to mediation first, and then binding arbitration against the defaulting party prior to attempting to collect from the surety. In short, it looks like they are saying you have not exhausted all your remedies against the defaulting party prior to seeking... Read more »

1 Answer | Asked in Construction Law for California on

Q: We have a new pool just built and there are brown stains forman in the spa and pool and they wont do anything about it

The start up guy from the company came out one time and never seen him again now our pool is forman brown stains in the pool and spa and they wont do anything about it do i have cause for legal action

Tim Akpinar answered on Aug 9, 2019

You could set up a quick consult with a California attorney to review the contract and the options it presents to you. You could discuss arbitration (if it is a condition of the contract), small claims, or continued efforts to work toward resolution - and try to figure out which route could be... Read more »

1 Answer | Asked in Environmental, Real Estate Law and Construction Law on

Q: Is there a way to live without a septic system? i.e, How does one legally dispose of waste and waste water without one?

Location: Rural, 1 acre of land, water well present, very very small house. How can a Legally achieve what I am trying to do?

Tim Akpinar answered on Jul 31, 2019

A place to start could be to research different types of septic systems (there are a number of alternate designs other than the traditional ones commonly used) and speak with installation contractors. There are also electric incineration systems. This is more of a technical question than a legal... Read more »

1 Answer | Asked in Construction Law on

Q: I am wondering if I would be considered negligent in the below scenario?

While I was doing some renovations for a customer, a drill bit pierced the main water line and caused a pool of water in the customer’s house. Typically, a waterline runs from the meter towards the driveway and out onto the street. With this in mind, I was in the basement facing the garage wall... Read more »

Tim Akpinar answered on Jul 28, 2019

It's possible. As a general policy, construction work requires identification and avoidance of utilities in the vicinity, including electric, gas, or water. At this point, explore whether insurance will cover damages. Good luck

Tim Akpinar

1 Answer | Asked in Construction Law and Environmental for Minnesota on

Q: Looking for advice on what/if any action I could take against a contractor for lead exposure.

I had a home renovation done ~2 years ago where the contractor removed some siding that has high lead levels in the paint. Fast-forward to today, my (new) daughter's lead test came back high (8.6). I'm trying to figure out what, if any, steps I could take against this contracting company for their... Read more »

Tim Akpinar answered on Jul 27, 2019

I'm sorry for the high lead levels your daughter exhibited. You could contact a Minnesota injury attorney to discuss the matter in further detail, and it would be preferable if the attorney was experienced in toxic tort type of matters, involving exposure to hazardous substances. Given the passage... Read more »

1 Answer | Asked in Construction Law, Constitutional Law, Environmental and Land Use & Zoning for Pennsylvania on

Q: Our development is flooding from heavy rains since a new massive development was added roughly 5 years ago. Any options?

Hello, our development rain water drainage is backing up and flooding our homes since a new development was added next to us down stream of our run off. Our township was told by an engineer that our catch basin would NEVER pass code today and that is overflowing into neighbors yards, pipes can't... Read more »

Tim Akpinar answered on Jul 26, 2019

As you and your neighbors already realize, this is a very complex situation. It's the type of matter that if litigated, could drag on for years in court and easily accrue very high legal fees. It would very likely involve expert testimony from civil engineers, architects, urban planners, and other... Read more »

1 Answer | Asked in Construction Law for Tennessee on

Q: I had siding installed on my house. Is the leftover material mine as i have a use for it.

Tim Akpinar answered on Jul 26, 2019

The most practical approach would be to send the contractor an email asking them if they want the siding left over from the job. If they tell you it's yours, you don't have to worry about future disputes over using material that they might have planned to come back and pick up. Good luck... Read more »

1 Answer | Asked in Construction Law and Contracts for California on

Q: Contract with construction company. Paid them over $800,000 found out that the actual cost was $400,000.

Found out that the contractor (employee of the company) charged us $800,000 to remodel our house the owner of the company said that the actual cost was $480,000. Our contract stated that we would pay the cost of the work done plus 15% for the contractors fee. This work was completed in 2012. We... Read more »

Bruce Alexander Minnick answered on Jul 25, 2019

Unless you have provable evidence of fraud you may have run out of time to da anything about this very unusual situation. And before you move in the direction of suing for fraud you should hire a lawyer experienced in real estate and business contracting law. You may find out that the owner of the... Read more »

1 Answer | Asked in Construction Law and Land Use & Zoning for Tennessee on

Q: is a new development liable for damage they cause to my property? flooding from raised elevation?

Paul E. Tennison answered on Jul 24, 2019

Depending on more facts, yes they could be. I recommend you consult with an experienced construction law attorney to determine what your legal options are in this situation. Good luck.

1 Answer | Asked in Real Estate Law and Construction Law for Florida on

Q: Want to become a general contractor (FL) to get a permit for dad to build houses. What are the risks?

I reside in NYC. I want to take the test to get the general contractor license in Florida. Then I want to apply for a permit for a family friend to build houses. What are the liabilities/risks for me? I'm thinking of establishing an LLC to be more protected.

Phillip William Gunthert answered on Jul 23, 2019

You definitely need to create a business entity (LLC would be a great choice). I would strongly advise you to work with an attorney in order to create the LLC, create the LLC Operating Agreement, understand liability protection and how you need to go about it in order to maximize the liability... Read more »

1 Answer | Asked in Construction Law for Louisiana on

Q: Friend hired roofer change roof she found rain coming in walls and mold inside! She hired someone to repair inside.

She took money to pay inside from roofer . Roofer i

Got attorney .

Tim Akpinar answered on Jul 22, 2019

I'm not certain I fully understand the situation, but it appears to be one where your friend hired a roofer to change the roof, rain water continued to come in, after which she took part of funds that would have gone to the roofer to pay someone to perform interior repairs resulting from the rain... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Arizona on

Q: Is it legal for a real estate agent to sell a home without instillation? We do not have us with a disclosure form.

They never provided us with a disclosure form, or any approvals from the inspection.

Peter H. Westby answered on Jul 18, 2019

Selling without an inspection or disclosure can be legal. It depends upon how your contract was drafted. You may still have legal recourse if items were concealed or not disclosed despite anything to the contrary in your contract. I recommend reviewing this matter with an attorney. Once your... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Construction Law for Illinois on

Q: can I sue a prebuilt shed company?

I bought a brand new 10x12 prebuilt shed delivered to my property that leaked from day one. After a few half hearted attempts to fix it among several non returned calls and no shows the owner of the company said he would take it back and refund my money. That was 2 months ago every time I call him... Read more »

Tim Akpinar answered on Jul 17, 2019

First check the terms of the agreement. It could possibly contain provisions that include arbitration as a forum for handling disputes.

Tim Akpinar

1 Answer | Asked in Construction Law for Ohio on

Q: What are my options if a new home builder is refusing to fix issue in a manner consistent with the blueprints,

We recently built a new home and took possession in Dec 2018. The blueprints for this home show a well basement exit with stairs "exiting to grade". The new home builder made a mistake when pouring the concrete steps and they now exit about 20 inches above the grade. The builder is unable to raise... Read more »

Bruce Martin Broyles answered on Jul 16, 2019

I believe that you have a breach of contract. However, your damages maybe severely limited by the diminution of fair market value. The damages would be the cost to correct or cure, but those damages are limited by the amount that the fair market value of your home is diminished by the failure to... Read more »

1 Answer | Asked in Construction Law for Oklahoma on

Q: Can a builder ask for compensation without a written contract for suggesting an architect and meeting with you ..

I met with the builder couple of times and am paying the architect, engineering and surveyer . he did ask to be copy pasted on all emails and did attend a couple of meetings .. we never had a written contract.. the layout is 65% done and it’s time to give it off for bidding.. this guy was very... Read more »

Benjamin Oxford answered on Jul 16, 2019

Possibly. It depends on what your discussions were. Verbal contracts can be binding. It doesn't help that he was copied on emails and attended some meetings. That may entitle him to some amount of compensation, though probably not much. I would need more information before telling you for... Read more »

1 Answer | Asked in Construction Law and Consumer Law for Tennessee on

Q: had siding installed on my house. Is the leftover material mine as i have a use for it.

Tim Akpinar answered on Jul 15, 2019

While it's possible to legally analyze this from the standpoint of whether the material was abandoned, what did the contract say about leftover material, etc., it could be more simple and practical to look at it as a matter of common courtesy. Send the contractor an email, and if they reply that... Read more »

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