Construction Law Questions & Answers by State
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Construction Law Questions & Answers
Q: Purchased new home 2019. Weeks later the house is getting cracks in the walls, ceiling fell due to snow, shingles off.
Donald C Eby's answer
You have substantial damage to your new home! Likely this falls under the Colo Const. Defect Act which allows you to claim 3X damage if a builder is uncooperative.
You should contact an attorney to discuss this process before your home is further damaged.
You have substantial damage to your new home! Likely this falls under the Colo Const. Defect Act which allows you to claim 3X damage if a builder is uncooperative.
You should contact an attorney to discuss this process before your home is further damaged.
Q: A corporation I owned, which is no longer currently active, is being sued for services provided that caused damages
3 Answers
| Asked
in
Business Law, Civil Litigation and Construction Law
for
Florida
on
Answered on Apr 11, 2019
Answered on Apr 11, 2019
Griffin Klema's answer
The answer depends on what the plaintiff's claims are. Are they only related to the job performed by you or the company? Only a careful analysis of the complaint will give you the full answer.
Officers can be individually liable for their torts irrespective of the corporation through which they may have committed them. Daum v. Adweiss, LLLP, __ So. 3d __ (Fla. 3d DCA 2018) ("'[I]ndividual officers and agents of a corporation are personally liable for torts committed within the scope...
The answer depends on what the plaintiff's claims are. Are they only related to the job performed by you or the company? Only a careful analysis of the complaint will give you the full answer.
Officers can be individually liable for their torts irrespective of the corporation through which they may have committed them. Daum v. Adweiss, LLLP, __ So. 3d __ (Fla. 3d DCA 2018) ("'[I]ndividual officers and agents of a corporation are personally liable for torts committed within the scope...
Q: Hi! I have a question regarding Construction Contracts. The scenario is as follows:
Bruce Alexander Minnick's answer
This sounds very much like a "legal" question you have been asked in Business Law 101.
Answer: The main difference between successful small businesses and those that fail within the first year of operations is good legal advice. The owners of most successful small businesses understand that retaining a competent lawyer and paying modest legal fees to advise them--from day one—may end up saving them thousands of dollars later on when they have to fix unnecessary problems. Calling a...
This sounds very much like a "legal" question you have been asked in Business Law 101.
Answer: The main difference between successful small businesses and those that fail within the first year of operations is good legal advice. The owners of most successful small businesses understand that retaining a competent lawyer and paying modest legal fees to advise them--from day one—may end up saving them thousands of dollars later on when they have to fix unnecessary problems. Calling a...
Q: Hello. I had a contractor that has a fire pit to finish and no matter how many times he schedules appointments and never
Bruce Alexander Minnick's answer
Yes, but the amount of money involved is probably not enough for you to hire a lawyer. If you have already paid the contractor, perhaps suing the contractor in small claims court will get his attention.
Yes, but the amount of money involved is probably not enough for you to hire a lawyer. If you have already paid the contractor, perhaps suing the contractor in small claims court will get his attention.
Q: Subcontractor nonpayment on "bad job" no contract. Phone records, text & email.
1 Answer
| Asked
in
Contracts, Products Liability, Business Law and Construction Law
for
Texas
on
Answered on Apr 8, 2019
Answered on Apr 8, 2019
Bruce Alexander Minnick's answer
AVVO is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.
AVVO is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.
Q: Travel is done on my own time and compensated with $20 per diem for traveling steel/iron worker?
1 Answer
| Asked
in
Employment Law, Workers' Compensation and Construction Law
for
California
on
Answered on Apr 4, 2019
Answered on Apr 4, 2019
Neil Pedersen's answer
There are a lot of facts and documents that would need to be known to give a definitive answer. Union membership and collective bargaining agreement provisions would need to be known. Generally, without a CBA that might be allowed to modify the law in general, you must be paid for travel at a rate that is at or more than the minimum wage except for normal commute time. You must also be reimbursed an amount that reasonably approximates your actual expenses in using your own vehicle and being...
There are a lot of facts and documents that would need to be known to give a definitive answer. Union membership and collective bargaining agreement provisions would need to be known. Generally, without a CBA that might be allowed to modify the law in general, you must be paid for travel at a rate that is at or more than the minimum wage except for normal commute time. You must also be reimbursed an amount that reasonably approximates your actual expenses in using your own vehicle and being...
Q: FDivorce/family law in VA. Can motions to stay ,reconsider and an appeal be filed for at same time? dead line to file?
Michael Christopher Miller's answer
Yes, file all 3.
Orders become final after 21 days, i.e., the judge cannot modify them even if the judge wanted to. So, the motion to stay the finality of the order suspends the 21 day clock to allow more time to rule on the motion to reconsider.
Notice of appeals from circuit court to the court of appeals must be filed within 30 days. This runs concurrent with the 21 day clock.
If the motion for reconsideration is resolved within 21 days, one could wait until the...
Yes, file all 3.
Orders become final after 21 days, i.e., the judge cannot modify them even if the judge wanted to. So, the motion to stay the finality of the order suspends the 21 day clock to allow more time to rule on the motion to reconsider.
Notice of appeals from circuit court to the court of appeals must be filed within 30 days. This runs concurrent with the 21 day clock.
If the motion for reconsideration is resolved within 21 days, one could wait until the...
Q: Can I fight the law that charges me for sewer even though I am not hooked up to sewer
1 Answer
| Asked
in
Business Law, Civil Litigation, Construction Law and Consumer Law
for
Tennessee
on
Answered on Apr 1, 2019
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
You can hire an attorney to file a Declaratory Judgment Action against the County and State. It would probably be a Fifth Amendment based issue, but has little likelihood of success. The expense alone would exceed the the Sewer Charges for several years.
You can hire an attorney to file a Declaratory Judgment Action against the County and State. It would probably be a Fifth Amendment based issue, but has little likelihood of success. The expense alone would exceed the the Sewer Charges for several years.
Q: Where would I find a law describing how I would get a permit to build a green way and other trails in my community?
1 Answer
| Asked
in
Agricultural Law, Construction Law and Environmental
for
Tennessee
on
Answered on Mar 25, 2019
Answered on Mar 25, 2019
Timur Akpinar's answer
A starting point could be to contact the Tennessee Department of Environment & Conservation. They have a Knoxville Environmental Field Office.
Tim Akpinar
A starting point could be to contact the Tennessee Department of Environment & Conservation. They have a Knoxville Environmental Field Office.
Tim Akpinar
Q: I'm looking to purchase land to build/improve a self sustaining home, but am unfamiliar with Texas property laws.
1 Answer
| Asked
in
Estate Planning, Real Estate Law, Construction Law and Land Use & Zoning
for
Texas
on
Answered on Mar 25, 2019
Answered on Mar 25, 2019
Q: Between a general contractor and their client, who is the most liable for paying sub-contractors?
Donald C Eby's answer
Generally the General Contractor has direct privity of contract with the Subs and is thus responsible to pay them.
Generally the General Contractor has direct privity of contract with the Subs and is thus responsible to pay them.
Q: In accordance with which international convention or law the sovereignty of each country should be respected?
1 Answer
| Asked
in
Civil Litigation, Construction Law and International Law
on
Answered on Mar 19, 2019
Answered on Mar 19, 2019
Timur Akpinar's answer
It isn't really a matter of a single treaty. There are many treaties and laws that impact how the sovereignty of countries is supposed to be respected in the international arena. They deal with many issues, from trade to human trafficking to the extradition of criminal defendants.
Tim Akpinar
It isn't really a matter of a single treaty. There are many treaties and laws that impact how the sovereignty of countries is supposed to be respected in the international arena. They deal with many issues, from trade to human trafficking to the extradition of criminal defendants.
Tim Akpinar
Q: Can I sue a roofer 9 years later if my ceiling collapsed in the last 2 weeks due to their negligence?
Terrence H Thorgaard's answer
No. See Florida Statute 95.11 (3) (a):
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html
No. See Florida Statute 95.11 (3) (a):
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html
Q: So I been living at my house for 17 years since I was 15 the man passed away can they kick me out with no eviction
2 Answers
| Asked
in
Civil Rights, Constitutional Law, Construction Law and Consumer Law
for
California
on
Answered on Mar 4, 2019
Answered on Mar 4, 2019
Scott Richard Kaufman's answer
I would think YES they have to "evict" you. That's likely to happen FAST. At 30+ years old, now is as good a time as any to go and grow up and join the adult community out there and experience the outside world! Sorry for your loss. Good luck with you!
I would think YES they have to "evict" you. That's likely to happen FAST. At 30+ years old, now is as good a time as any to go and grow up and join the adult community out there and experience the outside world! Sorry for your loss. Good luck with you!
Q: Me and a construction company are in one county, they damaged my car in a second county. In which county do I file suit?
Mr. James Charles Wright's answer
You can sue the Defendant either where the accident occurred or in the County where the Defendant is located.
You can sue the Defendant either where the accident occurred or in the County where the Defendant is located.
Q: I live in a condo in New York City. Abatement for defective vent that blows foul smells into apartment?
1 Answer
| Asked
in
Real Estate Law, Civil Litigation and Construction Law
for
New York
on
Answered on Feb 25, 2019
Answered on Feb 25, 2019
Elaine Shay's answer
If you are the owner of a condo unit, you do not have a typical landlord/tenant relationship with the board as you would in a coop apartment. Therefore, abatement may not be the correct term to use. If you want the situation corrected, you will need to have the formation documents carefully reviewed to determine the options available to you. If your board does not correct the situation, you may ultimately have to seek an Order in Supreme Court seeking to compel fulfillment of the board's...
If you are the owner of a condo unit, you do not have a typical landlord/tenant relationship with the board as you would in a coop apartment. Therefore, abatement may not be the correct term to use. If you want the situation corrected, you will need to have the formation documents carefully reviewed to determine the options available to you. If your board does not correct the situation, you may ultimately have to seek an Order in Supreme Court seeking to compel fulfillment of the board's...
Q: What do I need in court to prove a client owes the general contractor?
Timur Akpinar's answer
I do not practice in Georgia, but your question remains open for three weeks. As a general matter, the contract for the project should serve toward proving that there was an agreement for work to be performed. Additional evidence could include work specs, engineer or architect blueprints/drawings, change orders, receipts for equipment and supplies, paystubs to employees, and if available, photos of work in progress. These are general considerations. For guidance specific to the laws of Georgia...
I do not practice in Georgia, but your question remains open for three weeks. As a general matter, the contract for the project should serve toward proving that there was an agreement for work to be performed. Additional evidence could include work specs, engineer or architect blueprints/drawings, change orders, receipts for equipment and supplies, paystubs to employees, and if available, photos of work in progress. These are general considerations. For guidance specific to the laws of Georgia...
Q: How long does a contractor have to wait before they file a lien on a c o d payment job?
Joseph Jaap's answer
Contractor does not have to wait. But contractor must file a mechanic's lien within 60 days after the date of last work on a residential project. Lien rights are lost after 60 days.
Contractor does not have to wait. But contractor must file a mechanic's lien within 60 days after the date of last work on a residential project. Lien rights are lost after 60 days.
Q: Can a judge make the decision to set my case for trial
Courtney Edwards' answer
I'm not entirely sure what you are asking here but yes, a judge can enter a not guilty plea for you and set your case for trial. Especially when you case has been active so long without any movement.
I'm not entirely sure what you are asking here but yes, a judge can enter a not guilty plea for you and set your case for trial. Especially when you case has been active so long without any movement.
Q: What is the law regaurding witness testimony when the witness admitts to being on and using drugs?
3 Answers
| Asked
in
Criminal Law, Constitutional Law and Construction Law
for
Texas
on
Answered on Feb 12, 2019
Answered on Feb 12, 2019
Gary Kollin's answer
It will be one of the factors the jury will considered when evaluating the credibility of the witness’ testimony
It will be one of the factors the jury will considered when evaluating the credibility of the witness’ testimony
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