Construction Law Questions & Answers by State

Construction Law Questions & Answers

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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Q: I entered into an agreement with a builder. He has stolen 100k+ and mis appropriated funds. How can I prosecute him?

1 Answer | Asked in Business Law, Consumer Law, Contracts and Construction Law for Tennessee on
Answered on Oct 27, 2017

In very rare circumstances, there can be a "private prosecutor" - however, this will require the consent of the district attorney's office. You will want to meet with the elected District attorney in your district, not a deputy or assistant district attorney. Try to emphasize the number of people affected by this person's actions. Construction cases are often complicated and the DA are mostly concerned with crimes of violence and drugs. You have to convince them that a large number of VOTERS in...
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Q: Constitutional 4th and 14th Amendment violations? -City and County of San Francisco , unreasonable search and seizure?

1 Answer | Asked in Traffic Tickets, Civil Rights, Collections and Construction Law for California on
Answered on Oct 25, 2017

it is often frustrating being a lawyer and having a judge rule contrary to the law.

clients don't have the money to hire you to make a motion ordering the judge to follow the law.

every county, courtroom and judge has their own take on things.

you can always appeal the results if they are contrary to the law
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1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for New York on
Answered on Oct 17, 2017

You most likely would have to file a notice of claim with the NYC Comptroller First and then file a suit in the NY Supreme Court, Bronx County.
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Q: hi..a dog ran out of a house today when we were carrying in equipment to do their hardwood floors, - it was hit by a car

1 Answer | Asked in Animal / Dog Law, Construction Law and Consumer Law for Colorado on
Answered on Oct 11, 2017

I would suggest offering to credit their bill in exchange for a full and final release of liability for the damages ie death of their dog. I can draft such a document.
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Q: My floors were damaged during the install of my new countertops 3 months ago. How long do they have to fix the problem?

1 Answer | Asked in Consumer Law and Construction Law for Florida on
Answered on Oct 6, 2017

I seriously doubt it. You contracted for work to be done to your house. You apparently still owe a balance. If the installer damaged your floors then they should be responsible to fix it. However, your bill to them and their obligation to repair the damages do not overlap, they are completely separate issues. I agree that taking 3 months to make the repairs seems a bit long but on the same token if you have not paid them for the work they did 3 months ago is equally not correct....
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Q: How can we find out if a lien was filed on our property? If it's a false lien how can we get it removed?

1 Answer | Asked in Real Estate Law and Construction Law for Oklahoma on
Answered on Oct 3, 2017

Sorry for your problems,

You can search here to see if a lien was filed:

If there was contact an attorney about your options. Too many to explain here.
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Q: Is it legal in the state of Ohio for a public construction project to block off and deny entrance to a private driveway

1 Answer | Asked in Construction Law and Real Estate Law for Ohio on
Answered on Oct 3, 2017

They are allowed to do what is reasonable and necessary for the work they are doing within their public utility easement. If you talk to them, they will probably do their best to accommodate you. If you want to take legal action, then use the Find a Lawyer tab to consult a local real estate litigation attorney to review the situation and advise if there is any reasonable basis for you to file an action in court.
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Q: I bought a home and did mold remediation in the attic - Found out later it was due to no soffit vents. Was that legal?

1 Answer | Asked in Real Estate Law, Construction Law and Landlord - Tenant for Oregon on
Answered on Sep 29, 2017

Your best solution is to get bids to fix the problems. Adding soffits and vent fans is not extremely expensive. Oregon has statutes of limitation which prevent lawsuits after certain time periods and while there are many different time periods the statute of ultimate repose, which is the end all of time limitations, is 10 years. Sometimes there are exceptions to this 10 year limit, but you could spend a lot of money on Attorney's fees looking for an exception. Plus, no attorney is going to...
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Q: What kind of lawyer do I need?

2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for North Carolina on
Answered on Sep 25, 2017

You can't effectively evict someone verbally in North Carolina.

You should contact a lawyer who specializes in landlord-tenant and eviction issues.

Search through the find a lawyer directory on this website or contact the NC Bar Association Lawyer Referral Service: to find the appropriate attorney.
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Q: Is the General Contractor in a breach of contract

1 Answer | Asked in Business Formation, Contracts and Construction Law for Colorado on
Answered on Sep 22, 2017

Maybe. In a technical capacity yes it's a breach. The next question becomes is it material. is there a time clause? If the contract doesn't say time is of the essence then the times are more like guidelines and breaking them becomes an immaterial breach. A no harm no foul sort of situation. Which brings us to the next step: damages. Even where you have a breach there's little you can do without damages. Depending on the contract you may be able to rescind or cancel the contract, there may be...
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Q: In detroit if ur house is not registered as a rental propery do u still have to pay rent

1 Answer | Asked in Construction Law, Real Estate Law and Landlord - Tenant for Michigan on
Answered on Sep 21, 2017

If there is no 'certificate of compliance' for the property the tenant's obligation to pay rent can be "suspended" under the Detroit ordinance, but expect that if you do that there will be eviction proceedings and the City may well force you to move out.

Consult with a local landlord tenant lawyer and understand what your options are. If you are concerned about your health or safety, it is almost always better to simply leave than to play games with withholding rent. If it is some...
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Q: Can my neighbour dig a my waste pipe up that was agreed to be laid under his garden?

1 Answer | Asked in Consumer Law, Criminal Law, Construction Law and Real Estate Law on
Answered on Sep 18, 2017

I'm assuming you are in the UK. This forum is for US law questions, and you're unlikely to find someone versed in your country's laws! I'd suggest looking for a forum in the UK or better yet, contact a solicitor in your area to get some real legal advice!

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel...
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Q: Topic: Pennsylvania Workers' Comp requirements.

1 Answer | Asked in Workers' Compensation and Construction Law for Pennsylvania on
Answered on Sep 11, 2017

Nonsense sounds about right. They may be subcontractors, but if they truly are he should be able to provide copies of written agreements with all of them and proof that they have their own liability insurance. Otherwise, he may want to take a look at the CONSTRUCTION WORKPLACE MISCLASSIFICATION ACT which establishes a definition of "independent contractor" for purposes of workers' compensation, unemployment compensation, and worker classification.
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Q: Can my contractor bill me for significantly more than his original estimate? He was way off!

1 Answer | Asked in Construction Law for Illinois on
Answered on Sep 7, 2017

The answer to your question depends on a number of factors that are not provided here, such as the terms of your contract, the location of the work, and the type of work performed. If the bill is significantly higher than the initial quote, it is likely in your best interest to consult with an attorney individually to assess the situation. Many of us offer free consultations and can assist you in formulating the best course of action moving forward.
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Q: How do I get my money back paid for a project that I paid in full but not completed?

1 Answer | Asked in Construction Law for California on
Answered on Sep 7, 2017

Depending on your written contract, you can sue, or go to arbitration. If the contract provides, you can recover your attorney fees. You can also file a complaint with the Contractors State Licensing Board:
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Q: 25+ YR 60' retaining wall built incorrectly per original plans, falling apart. Can original contractor insurance be sued

1 Answer | Asked in Construction Law and Insurance Bad Faith for California on
Answered on Sep 2, 2017

No. There is a 10 year statute of limitations on latent defects. Also, although the wall deviated from plans, it would be hard to argue that a wall that lasted 60 years was defective.
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