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Construction Law Questions & Answers

2 Answers | Asked in Real Estate Law and Construction Law for Maryland on

Q: Is there a Maryland law that indicates home sellers must cover cost to fix septic or well?

if they don't pass inspection? or are these addendum's that are put into an offer?

Thomas C. Valkenet answered on Jun 13, 2019

This is a negotiated item. The standard Board of Realtors contracts have contingencies for buyer's inspections of these items. If the inspections fail, there is a negotiation over repairs, who pays, price reduction, etc. There is a point where the buyer may elect to cancel the deal if the item is... Read more »

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

Q: When a company is hired to build something attached to a house, who is responsible for pulling the building permit?

We had a company build a patio cover on our existing slab. They never pulled a building permit or mentioned it to us and are now not willing to do anything about the fact that the slab did not meet building thickness nor is our yard even zoned for this kind of construction. They are saying it was... Read more »

Tammy Lyn Wincott answered on Jun 12, 2019

It should have been stated in the agreement for services; otherwise, the homeowner is responsible unless it requires a licensed contractor. Please copy and past the link below for more information.

1 Answer | Asked in Construction Law for Colorado on

Q: My husband paid a contractor up front for two bathroom remodels in our home October 2018.

The first bathroom they started still isn't done. One of their subcontractors recently botched the new drywall (cut holes too large for the switch plate, ceiling fan, can light and vanity light) and knockdown texture application so that is being repaired by them right now. I don't want to let... Read more »

Donald C Eby answered on May 31, 2019

The answer to your question depends upon the specific language in the contract. I recommend contacting an attorney to review your contract and facts. That attorney could then draft a Notice of Termination which would put you in the best position to recover any unearned money.

1 Answer | Asked in Family Law, Civil Rights, Construction Law and Internet Law for Arizona on

Q: can i press charges for hacking email and sharing data

my ex wife hacked my email took medical paper off and sent it to the ex im in custody battle with she in turn entered into evidence through a motion and no i didnt file for strict compliance.

Rich J. Peters answered on May 30, 2019

As a family law attorney, I can only address how this issue could be addressed in Family Court. You would need to discuss whether criminal charges are appropriate with a law enforcement officer. In Family Court, you can certainly complain about the method in which she obtained this information in... Read more »

2 Answers | Asked in Contracts, Consumer Law, Real Estate Law and Construction Law for California on

Q: How Long Does a Restoration Company Have to Perform On a Contract ?

In December of 2018 my home sustained over 45,000 interior damage rendering it uninhabitable . I signed a contract with a licensed , reputable restoration company February 20, 2019 for repairs . Contract appears legal but the start and end date of work was left blank . Explanation given “ we may... Read more »

Bruce Alexander Minnick answered on May 28, 2019

Based upon your description of what happened it sounds like you have good reason to ask the builder for a statement of the work done, and then pay the builder some reasonable amount (especially for materials) and cancel the contract IN WRITING. However, before you do that you might want to look... Read more »

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1 Answer | Asked in Construction Law for Colorado on

Q: My husband has pretty much bankrupt our construction company would it b better to withdraw as a member now or wait for d

It is LLC I own 59percent just the 2 of us as members just don't want to be left holding the bag

Donald C Eby answered on May 28, 2019

You should contact an attorney to discuss the process of dissolving the LLC and review the debts to determine your personal liability.

2 Answers | Asked in Contracts and Construction Law for Oklahoma on

Q: Is a builder's 1 year warranty the same as a structural warranty for a new built home?

Our home was built in 2017, but appears to have structural issues. Would the builder be liable on a structural warranty?

Bruce Alexander Minnick answered on May 24, 2019

The only way you will ever know is to try to sue the builder under the "structural warranty."

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

Q: Can a home builder be sued for breech of contract if they don’t follow plans, or finish per contract time frame?

All elements of house build were signed by all parties (builder/homeowner). There was a specific electrical plan for entire house that was signed off. We identified they were not following signed electrical plan. When confronted why they weren’t following they stated “we don’t follow those... Read more »

Bruce Martin Broyles answered on May 23, 2019

Yes. Unless the deviation from the signed electrical plan is relatively minor or the result of an extreme increase in the cost. You should be able to require the contractor to follow the signed electrical plan. Regarding the 2 1/2 month delay, you may be able to sue for breach of contract... Read more »

2 Answers | Asked in Real Estate Law and Construction Law for Ohio on

Q: Can a builder lock me out of my 100% custom home which I own the land and hold the insurance policy?

Joseph Jaap answered on May 22, 2019

It depends on what your construction contract says about possession of the home. An owner of the real estate would normally be permitted to enter the home. Use the Find a Lawyer tab to retain a local attorney to review your contract and all the facts, and help you work out this dispute with the... Read more »

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1 Answer | Asked in Contracts and Construction Law for North Carolina on

Q: handyman priced a painting job verbally-has not finished it-suing me for more than the price is there a limit ? Options?

We have email communication and I have pictures he has changed price there times and now wants to be paid and the work is not finished and def not acceptable - no written contact - only verbal - myself and wife were w him on all conversations only is three - have pics - but he has filed a small... Read more »

Bruce Alexander Minnick answered on May 20, 2019

Stop asking strangers on a law blog if NC law will solve this festering problem and hire an NC lawyer instead. You will be glad you did.

1 Answer | Asked in Personal Injury, Civil Litigation and Construction Law for Washington DC on

Q: I am frustrated here. I need to find an attorney that handles both personal injury and property damage in Maryland. ASAP

My mother's house had 1/3 roof replaced due to a wrong address. In result of myself stopping the roof contractor's workers, I fell over the tarp that blocked the path. My ankle is broken and other foot is injured. Adjuster said we need to go together in a claim against lowe's.

Timur Akpinar answered on May 17, 2019

You have a number of options. You could contact attorneys on this site (under Find a Lawyer), you could go through a bar association referral, or you could conduct your own independent search on the Internet.

Tim Akpinar

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

Q: Can a GC hold payments to a sub for work done from one project to another?

Currently working for a GC on several individually contracted projects. As a specialty sub we completed a project about 4-5 months ago. Approx. 2 weeks ago thru GC's project review it was realized that we the sub owed the GC for a material credit for items that they purchased on our behalf, to... Read more »

Bruce Alexander Minnick answered on May 15, 2019

Unless you do what the GC wants you will probably not have to worry about this anymore. All of this should be settled by separate contracts for each separate sub job.

1 Answer | Asked in Criminal Law, Civil Rights, Construction Law and Gov & Administrative Law for Florida on

Q: What can you do when your public defender does not seem to be working for you but seems to be working for the state

We went to try to get some information off my phone that the Sheriff's Office had and I was told to give him my password so the sheriff couldn't see it and I did and my lawyer was facing me and the deputy was standing a little to the side and behind me and facing the lawyer like I was when all of... Read more »

Charles M. Baron answered on May 4, 2019

First, any time your lawyer (in this case, your assistant public defender) makes you uncomfortable for any reason, you discuss the situation with him to see if the situation may be corrected. You may have misinterpreted the situation. Almost all attorneys working for the public defender's office... Read more »

1 Answer | Asked in Contracts, Business Law and Construction Law for South Carolina on

Q: Can I be sued if hvac intermittently stops working in heat due to drain issue?

Hvac works in heat and ac but drain intermittently stops heat from working. Offered to pay for remedy by another company but was refused.

Timur Akpinar answered on May 3, 2019

You could try reposting your question in the Landlord-Tenant section, since it hasn't been picked up in four weeks. You are correct in that it involves a contractual/business law matter, but you are speaking of remedies of a company that may have arisen under a lease. What you describe sounds like... Read more »

1 Answer | Asked in Construction Law for Ohio on

Q: Can I be sued and held responsible for a stopped pour when by law LED lights do not need grounded by pool, reason stop

They want me to pay them 22k for the stopped pour, and work I’ve done that they claim no body can come in a continue with because it’s too custom and will have to tear up...

Joseph Jaap answered on Apr 29, 2019

Anyone can sue anybody for anything by paying a court filing fee. Whether they win the lawsuit depends on all the evidence and testimony submitted to the court. If you receive a summons of a lawsuit, use the Find a Lawyer tab to retain a local attorney who does construction litigation cases to... Read more »

2 Answers | Asked in Tax Law and Construction Law for California on

Q: If someone fraudulently got my ssn and 1099 me but never had a signed w9 from me, can i fight this lie?

I worked for the person contracted to do this job and he couldnt contact them at tax time so he pretended to be someone else to get my ssn. I did cash some checks from him cause he claimed he couldnt withdraw the money and i had acheck cashing account. i cashed them for him to pay the people... Read more »

David S. Greenberg answered on Apr 24, 2019

I have represented a taxpayer in a situation quite similar to yours. My approach led to the IRS completely exonerating my client.

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1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Construction Law for Texas on

Q: If you haven't been sued can you be made to answer personal questions in regards to another lawsuit that your fiance own

My partner is a builder and has been sued and the opposing counsel is asking about my involvement and asking me to give up personal information about myself. Example my bank account information and if i have opened new bank accounts.. is this legal

Matthew Valley answered on Apr 18, 2019

Is it legal for an attorney to ask you to provide access to your personal financial information? Probably yes. If you asking whether you legally have to provide him with that information, it depends. During a civil lawsuit, Texas law permits parties to pursue information from third parties that... Read more »

1 Answer | Asked in Construction Law for Colorado on

Q: Purchased new home 2019. Weeks later the house is getting cracks in the walls, ceiling fell due to snow, shingles off.

Builders wont return calls, texts or emails. Not letting us know who the 3rd party warranty people are. They are now in another state. what is the next step to take? I am completely lost. How to I get my house fixed? Sub contractors weren't paid during build process either.

Donald C Eby answered on Apr 12, 2019

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.

3 Answers | Asked in Business Law, Civil Litigation and Construction Law for Florida on

Q: A corporation I owned, which is no longer currently active, is being sued for services provided that caused damages

A corporation I owned, which is no longer currently active, provided services on a construction project in which the owner has filed a lawsuit claiming property damages due to my services at the time. The insurance company covering my corporation during the time of the project, is claiming that it... Read more »

Griffin Klema answered on Apr 11, 2019

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...
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2 Answers | Asked in Construction Law, Contracts and Employment Law on

Q: Hi! I have a question regarding Construction Contracts. The scenario is as follows:

(Company A) signs a contract with a local Contractor (Company B) for some construction works. “Company B” starts working on the Project along with it’s Machinery and Manpower. Unfortunately due to unforseen circumstances the works were halted ("Company A" failed to provide "Company B" with... Read more »

Bruce Alexander Minnick answered on Apr 10, 2019

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...
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