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Construction Law Questions & Answers
1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Colorado on
Q: If a homeowner was getting a really great deal on upgrades to his home and he breached contract

Can the person that provided the service sue for market value of work completed in the home.

James Alan Greer
James Alan Greer answered on Feb 26, 2021

Question on remedy in light of an anticipatory breach of contract: So long as there was a valid and executed written contract, the remedy for the contractor is twofold:

(a) the value of the percentage of completed work as measured by the contract price (and not the so-called "market...
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1 Answer | Asked in Real Estate Law, Construction Law, Public Benefits and Securities Law on
Q: suppose if a building collapses ,and the building have 10 flats aand 10 owners, who will pay back the loss
Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

The answer to this question could depend on a number of factors. A geographic region was not included, but that would normally be relevant in terms of applicable state laws for zoning, building codes, fire safety, and areas. In general, some of the factors could include liability (who caused the... Read more »

2 Answers | Asked in Business Formation, Business Law and Construction Law for California on
Q: Would forming an LLC or Corporation be better for a person who wants to start their own General Contracting Company?

I want to become a first time business owner and was wondering which would suite me the best in terms of taxes, protection, and future costs? I am planning to elect to file taxes under S-Corp subsection for either of these business entities that I am willing to go with.

James Alan Greer
James Alan Greer answered on Feb 21, 2021

Dear General Contractor with "entity formation" question: You asked which type of entity formation would be the best in the state of California for a company intending to operate as a licensed General Contractor under the auspices of the Contractors State License board... Read more »

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2 Answers | Asked in Business Formation, Business Law and Construction Law for California on
Q: Would forming an LLC or Corporation be better for a person who wants to start their own General Contracting Company?

I want to become a first time business owner and was wondering which would suite me the best in terms of taxes, protection, and future costs? I am planning to elect to file taxes under S-Corp subsection for either of these business entities that I am willing to go with.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 22, 2021

The answer to your question should be developed in an initial free consultation by video call or telephone call. The short answer is ... it depends" ... upon your preferred management structure, the operations plan, your succession plan ... and how well you get along with others ...

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1 Answer | Asked in Workers' Compensation and Construction Law for California on
Q: I was trying to service an ac unit on the 2nd roof of a townhouse a roof tile broke under my ladder, broke my ankle

I am trying to see how to move forward with this. I got up on the first roof then my co worker handed me the ladder to get to the second roof I secured it got up about 3 steps then the roof tile broke my ladder slid and my weight the the weight of my ladder came down on my right ankle and broke it... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Feb 20, 2021

This is a classic Workers Compensation claim. to 'move forward', you get a REAL ortho surgeon from the comp insurer's approved list, do NOT let the comp insurance adjuster or the boss pick your treating physicians or you won't be happy. But you need the list of approved... Read more »

1 Answer | Asked in Construction Law for North Carolina on
Q: New construction home how much time is considered reasonable notice to delay closing by the builder?

We were informed on Feb2 our closing date was feb 26 and final walk thru Feb 19. Additionally we were told to order the appraisal and secure our loan for the purchase date of Feb 26

The appraiser completed the appraisal and we secured our loan with a 38 day lock and submitted our 30 day... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 19, 2021

I would have to read your contract with the builder to be able to fully answer this question, but I suspect that it is silent on it. Generally, reasonableness is determined on a case-by-case basis and is a question for the jury.

1 Answer | Asked in Construction Law, Contracts and Employment Law for Colorado on
Q: Construction contract has been breached by made up unreasonable claim that job wasn’t done right what are my options

Homeowner is refusing to pay the labor contract for the completed basement. Double standard on only agreeing to pay labor amount for contract limiting profitable margins and now has a livable space that’s worth around 120k. Contract breach amount is 12k and I’m wondering if I can sue for... Read more »

Donald C Eby
Donald C Eby answered on Feb 17, 2021

You have a right to get paid for the work you did and to enforce your contract. Have you considered recording a mechanic's lien?

2 Answers | Asked in Construction Law for North Carolina on
Q: Can GC refuse to pay a change order if the work was performed but the change order wasn't turned in by a specific time?

We are subs on a job in NC. The GC, from out of state, needed extra work done, which we did on good faith basis without making them sign a change order before we did the work. Now they are saying since the change order wasn't turned in by a certain timeline, they don't want to pay it... Read more »

Paige Kurtz
Paige Kurtz answered on Feb 12, 2021

It would probably be best to have an attorney review the contract before providing you advice on this question. Generally speaking, the terms of the written contract are enforceable. I think ultimately the contractor would have to show some prejudice that occured due to the failure to submit on a... Read more »

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1 Answer | Asked in Civil Litigation, Construction Law and Criminal Law for Colorado on
Q: Is there case law regarding 18-1-603

18-1-603 Complicity

Sean Maye
Sean Maye answered on Feb 11, 2021

The answer to your question, in short, is YES.

The legal data search engines reflect approximately 198 cases with headnotes interpreting and analyzing CRS 18-1-603. This makes sense given how convoluted arguments/defense on complicity can be. They have been been subject to a wide range of...
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1 Answer | Asked in Personal Injury and Construction Law for Tennessee on
Q: If a person was injured due to his own negligence while working on my house am I liable

The painter stacked a ladder on top of a scalpel to get on the roof after my husband advised him not to do so. While my husband was working on getting a ladder, the painter went on the roof and fell off the ladder that was stacked on the scalpel. He is now saying he is going to sue us. Are we... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 10, 2021

A Tennessee attorney could advise best, but your question remains open for a week. As a general matter, workers' comp is meant to cover such accidents. That does not mean someone would still not try to sue. It could be difficult to give a quick yes or no answer to your question based on the... Read more »

1 Answer | Asked in Contracts and Construction Law for Idaho on
Q: Can I sue a homeowner for Breach Of Contract, and loss of income.

After the job had begun, and a significant amount of the work was completed, the homeowner found someone to do the job for less. They demanded a refund of their deposit, and trespassed me from the property, not allowing me to retrieve my tools, or forms, etc. They then had another company use my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 9, 2021

Yes you certainly do. It sounds like the homeowner has had "second thoughts " which is fine, its their right. But if you completed your "performance," then their performance is now "DUE." If they slander you, this is actionable; if they refuse to teturn your tools,... Read more »

1 Answer | Asked in Civil Litigation, Construction Law and Small Claims for Oklahoma on
Q: On title 47 section 901 I had only abandoned vehicle for two hrs or less do I have a law suite?
Charles Watts
Charles Watts answered on Feb 8, 2021

This can dependent on who removed the vehicle and from where. If the vehicle was on private property then §901 would not apply and therefore the 48 hours that you are wanting to enforce is not applicable because the land owners rights supersede your vehicle rights. If the vehicle was removed by... Read more »

1 Answer | Asked in Employment Law, Contracts and Construction Law for Colorado on
Q: If I agree to finish a basement for labor amount only can homeowner deny payment for claimed unsatisfactory work.

Do I lean for the market value of the job or just the defaulted contract amount remaining unpaid

Timothy Denison
Timothy Denison answered on Feb 7, 2021

Lien up his house for the full amount owed and walk away.

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Maryland on
Q: do I HAVE to agree to a free, new well drilled for me (as required by co) so a company can build next door?

I like things the way they are, and can afford to pay for a new well myself should I ever need it.

Richard Sternberg
Richard Sternberg answered on Feb 6, 2021

I know of no way to generalize to give you decent advice without reviewing the survey, running a title search for easements, and understanding exactly what the developer wants and needs. Generally, however, you do not need to agree with anything on your land unless your neighbor has an easement to... Read more »

1 Answer | Asked in Construction Law and Contracts for Illinois on
Q: Can I terminate a contract with a General Contractor who appears to be inflating costs and being unethical?

General Contractor is inflating work costs to unreasonable and excessive levels and in many instances, not even showing me costs until that work is done. They are also taking an unreasonably long time to complete the project and very slow to communicate while not being transparent during the... Read more »

Robert Shipley
Robert Shipley answered on Feb 6, 2021

The contract must be reviewed to determine provisions regarding scope of work, time to complete, payment schedule and termination provisions. If work is not being performed correctly or perhaps to code, you will need to have another contractor(s) in the appropriate discipline, inspect your... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for California on
Q: Can a licensed CA. General contractor perform home inspections and be hired to complete the repair work?

Is there any circumstances where a CA. Licensed General contractor can be paid for a home inspection and be hired separately for the nessasary repairs to the same home? B&P code says that home inspectors performing repair work can be considered as unfair business practices. Does that mean... Read more »

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Feb 6, 2021

You’re talking about CA B&P 7197. The law is pretty clear and the circumstances where a company performing a home inspection can also perform repairs are very narrow and limited: like roof repairs pursuant to a roof certification inspection or termite repairs pursuant to a termite report.... Read more »

1 Answer | Asked in Construction Law for Minnesota on
Q: Handyman threatening lien on property as I refuse to pay for his very bad work. What are my options?

Structure (pergola) he built did not follow construction plans. Had to be partially disassembled as blocked main entry to home. Entire structure off plumb requiring filler pieces. He is not bonded or licensed. No written contract done. I supplied detailed project plans and all construction brackets... Read more »

William Bailey
William Bailey answered on Feb 1, 2021

Your best bet is probably to schedule a consultation with an attorney that handles contract disputes.

1 Answer | Asked in Contracts and Construction Law for Kentucky on
Q: HVAC installed with out using materials agreed upon.

And duct board was used instead of the metal duct work that I paid for.

Timothy Denison
Timothy Denison answered on Jan 31, 2021

What is your question?

1 Answer | Asked in Real Estate Law and Construction Law for New Jersey on
Q: A crack in the slab that was "fixed" 14 years ago. Now I have found the crack has grown possibly covering the entire hou

Can I sue the builders, even so, the guaranty was up to 10 years? The job was done by a third part contract with the builders and I think was incomplete or wrong done.

Morris Leo Greb
Morris Leo Greb answered on Jan 30, 2021

A real question is not whether you can file a complaint . The real question is do you have a real cause of action. Filing a frivolous law suit can result in penalties imposed. So before filing suit, a structural engineer should be consulted to determine what is causing your current problem.... Read more »

1 Answer | Asked in Bankruptcy and Construction Law for Texas on
Q: if a vendor for construction material is suing me, and I filed chapter 13 and I closed my buisness. will it take care of
Timothy Denison
Timothy Denison answered on Jan 23, 2021

Yes, if it was included as a creditor in your 13.

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