Construction Law Questions & Answers by State

Construction Law Questions & Answers

Q: licenced contractor, written proposal but no contract, we haven’t signed anything relating to costs, now bill is absurd.

1 Answer | Asked in Contracts and Construction Law for Florida on
Answered on Jan 20, 2018

What makes you think emails or texts are not "in writing"? They are not on paper, perhaps, but they are obviously in writing.

Your email agreeing to the proposal constitutes an acceptance of the proposal and thus a contract.

If you agreed to change orders, you are probably contractually bound by them as well.

If charges for items on the final bill exceed what you agreed, you can dispute those charges.
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Q: We own a vacation rental home in Cape Coral, FL. I had a company resurface my pool deck.

1 Answer | Asked in Contracts, Construction Law and Consumer Law for Florida on
Answered on Jan 18, 2018

You do not have the right to just deduct the amount from their final payment. However, you would have the right to sue them for breach of contract and damages. I suggest that you consult with an attorney in your area. However, I suggest that the sum of $948.00 is probably not worth hiring an attorney to handle a most attorneys bill hourly at $250.00 per hour or higher in that area.

You could of course bring the action yourself as a small claims case.

Good luck,
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Q: What can I do if GC estimated $125K and half way thru showed bills at $155k and demanded more money to complete the work

1 Answer | Asked in Contracts and Construction Law for New Jersey on
Answered on Jan 13, 2018

You can file suit against him in Superior Court for breach of contract, among other things. You need a litigation attorney to handle this type of case for you. The attorney will need to review everything. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. For future reference any time a...
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Q: A construction company did work on my home and now the work is falling apart and after several calls they havent come

1 Answer | Asked in Consumer Law and Construction Law for California on
Answered on Dec 29, 2017

You can file a complaint with the State Contractor's License Board.

You can also retain an attorney for a lawsuit, but that takes money.
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Q: If a contractor rights up a change order to change the color of the granite countertops but forgets to put the color on

1 Answer | Asked in Contracts, Construction Law and Consumer Law for Florida on
Answered on Dec 21, 2017

Didn't he give you a copy? Did you look at it?
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Q: Lights were stolen from my homesite and the builder is saying he won't pay for them to be replaced. who is responsible?

1 Answer | Asked in Real Estate Law and Construction Law for Florida on
Answered on Dec 16, 2017

Essentially, if the builder did not put the lights there then his insurance probably wouldn't pay anyway. You putting your lights on the property would come under your insurance policy for theft of personal property. It may be made under your existing homeowners policy. Have a talk with your insurance agent to find out.
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Q: Who owns Architecturals? Previously planned for 3bldgs (12 apt each) - he only built 1 bldg. Sold remaining land to me

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Florida on
Answered on Dec 14, 2017

So you are asking if the original engineer, or the original owner, has some sort of copyright protection. Probably not, but I would consult with a new architect and get that person's opinion. You might also send the original owner and engineer letters declaring your intent to use the design and ask them to let you know if they have any problem with your plan.
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Q: How high does a cement pole next to a fire hydrant for protection need to be in a parking lot in Billings, MT?

1 Answer | Asked in Construction Law and Car Accidents for Montana on
Answered on Dec 11, 2017

There may be an answer for this in the local city ordinances, you could try researching this online at the city's website containing the Billings City Code (google "Billings City Code") or hiring a local attorney to research this for you.
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Q: I was building a house as a sub contractor and left tools behind can the home owner claim them as abandoned?

1 Answer | Asked in Construction Law and Consumer Law for New Hampshire on
Answered on Dec 8, 2017

Since he made the threat of holding a gun on you, you should file a complaint with the police department and have them go with you to get your property back. If the property owner feels you owe him money he can't resolve the issue by keeping your tools and threatening you, that is why we have a court system, to resolve civil issues. Good Luck!
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Q: how can i cancel with him over the phone and have proof of this . Will a phone conversation be tape and serve as proof?

1 Answer | Asked in Products Liability, Construction Law, Consumer Law and Contracts for New Jersey on
Answered on Dec 5, 2017

You would ideally give him a copy by hand delivery, but voice and sending a mail cancellation will do.
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Q: Want release from retainer agreement and no longer owe lawyer. Can i send letter of release or do motion to be released

2 Answers | Asked in Products Liability and Construction Law for South Carolina on
Answered on Dec 5, 2017

Ask the new attorney how it is best handled. You need to ask for your file, and you may discharge them.
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Q: Signed a contract and gave deposit to have building built. The contractor was single owner LLC based on his website.

2 Answers | Asked in Contracts and Construction Law for Florida on
Answered on Dec 1, 2017

You can get a tax deduction for business bad debts. To get your money back you could file suit against the LLC or you may have a basis to file a claim against his estate, if one has been opened. Or, you could open an estate as an interested party, but this would involve costs to you up front with no guarantee of payment.
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Q: In Case 001-3912, I signed a written waiver of counsel form mandated by Mo.Rev.Stat. Section 600.051. However, Case

1 Answer | Asked in Criminal Law, Personal Injury, Constitutional Law and Construction Law for Missouri on
Answered on Nov 23, 2017

Each case is its own case. Each case requires going through the same steps over and over again. The fact that you are asking this question suggests that you might not want to sign the form this time.

I doubt that the court will rely on a waiver in a different case for this case. That seems to me like asking the court to find you guilty of one case because you pled guilty to another case.
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Q: Can I be sued for bad work my ex husband did while married that I had no involvement in?

1 Answer | Asked in Civil Litigation, Construction Law, Family Law and Divorce for Missouri on
Answered on Nov 23, 2017

It can be frustrating, but it is a common frustration that one can be innocent, yet still must spend money on an attorney to prove that innocence. Fortunately, you are not wrongly accused of a criminal accusation; I know that doesn't make this any less painful, but it is also a clear example of people in similar situations. They must also pay for an attorney when they did nothing wrong.

Now, you have presented a compelling story. But if you want to present it to the judge without the...
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Q: Do I have a lawsuit against the electric company?

1 Answer | Asked in Consumer Law, Personal Injury, Civil Litigation and Construction Law for Missouri on
Answered on Nov 23, 2017

While this is a good question, it's important to follow up with an attorney in person. That attorney can discuss with you the importance of negligence, and your likelihood to prevail in a suit.

One thing that is considered when your case is evaluated is the possibility that you might also be at fault. You may feel insulted at the suggestion that you had anything to do with this injury, and that may be an appropriate response. But, when you are discussing this with your attorney,...
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Q: Condo flooded by upstairs neighbor kitchen remodel.

2 Answers | Asked in Insurance Defense, Construction Law and Real Estate Law for California on
Answered on Nov 20, 2017

Not sure what your theory is against the HOA - if there is one, they can be included in a lawsuit. Otherwise, you can sue the upstairs neighbor (and their contractor since you've already uncovered who they are). The insurance companies have a duty to try and settle a loss after liability has become relatively clear, but if there are genuine disagreements about percentage of fault, you may need a lawsuit to iron those out.
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Q: What is the process for getting money back from a roofing contractor for services not performed?

1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for Texas on
Answered on Nov 17, 2017

It is difficult to answer this question without additional information. You should contact an attorney. It is generally difficult to recover funds from a contractor, but sometimes a civil suit can be fruitful.
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Q: Bought a house last may 2017. Builder stated in contract 4kw of solar. Solar company said only 3kw installed.

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Construction Law for California on
Answered on Nov 15, 2017

To some extent, your remedies will depend on the contract for the house. In addition to fraud and breach of contract, you may have actions for false advertising and under the unfair competition statutes. You have not said how long it has been since you bought the house - you should consult with an attorney right away, because of the potential loss of rights which can come from legal or contractual deadlines.
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Q: Need assistance with a bad roofing company

1 Answer | Asked in Consumer Law and Construction Law for Illinois on
Answered on Nov 14, 2017

The contractor has a responsibility to correct any defects in the instillation. If you provide the contractor with notice and a commercially reasonable time to cure and the contractor fails to do so, you can have the work done by a different contractor. You then have a claim against the original contractor for the cost to cure the defect.
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Q: We have a deposit on a condo just starting construction. I asked the agent who purchased the other 3 units in the bldg.

1 Answer | Asked in Construction Law for California on
Answered on Nov 1, 2017

Don't blame your real estate agent. Housing discrimination based on age or family characteristics is illegal. An exception is developments specifically designated as older adult. If that is what you are looking for, look for such a specially designed place. Besides, your approach is short sighted from a practical point of view; what would keep one of your new neighbors from moving the next year, and selling to whoever they want?
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