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Construction Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Construction Law for Maryland on
Q: I inadvertently hired an unlicensed contractor. I'm unhappy with the work, but I haven't paid yet. What happens now?

I hired a Virginia-based company to repair a leak in my home. I asked if they were licensed to work in Maryland, and they said they were, but the document they provided me says "Out-of-state contractor (not for home improvement)," and neither the business trade name nor any of the... View More

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

Performing a home improvement without a license is a criminal offense in Maryland, and the civil courts will not enforce the contract for the contractor. In other words, the contractor cannot legally accept payment, or sue you if you don’t pay, so no, you do not have to pay. I would immediately... View More

1 Answer | Asked in Real Estate Law and Construction Law for Virginia on
Q: We had a home inspector who missed numerous things costing $4K to fix - how do we get $ from ther failed inspection?

The old owner had a low-budget handyman install a new shower surround and floor pan. It was install very poorly with no support in the walls for the panel seams, no support for the floor pan, and a loose drain. It took about $4k to have the shower disassembled and walls re-studded to handle the... View More

Richard Sternberg
Richard Sternberg
answered on Feb 13, 2024

You need to review the contract with the home inspector very carefully. If you did not negotiate and modify the contract, it insulates the inspector from most if not all claims, and, when it doesn't insulate them, it limits damages to refunding your inspection fee. That will surely be. shock... View More

Q: Per PCC 10140 - it is very complicated and expensive to advertise every project in a newspaper and trade paper

How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More

George W. Wolff
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George W. Wolff
answered on Feb 7, 2024

There are no published cases interpreting this statute, however the phrase "newspaper of general circulation" in section 100140(a)(1).

However, it has been defined as:

A “newspaper of general circulation” is a newspaper published for the dissemination of local or...
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1 Answer | Asked in Construction Law and Contracts for Ohio on
Q: I rented a skid steer and busted the oil pan and now they say they can put Charges on me for damages

Criminal intent is this possible

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2024

An Ohio attorney could answer best, but your question remains open for a week. Breakage or failure of rental equipment should not ordinarily result in criminal charges, unless they are claiming that intentional, reckless, or other form of unacceptable usage led to the breakage. An Ohio attorney... View More

1 Answer | Asked in Construction Law and Contracts for California on
Q: Client entered a signed/executed construction contract which he breached. What are the options for monetary loss?

Mid work the client stopped the contractual payments due to his stating of financial/loans delays on his part. Client then requested structural changes to cut cost delaying production time and creating loss of opportunity. After about 6 months of constant communication and proposed changes to the... View More

James L. Arrasmith
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answered on Jan 28, 2024

Under California law, when a client breaches a construction contract, you have several options for recouping monetary losses. First, you can send a formal demand letter to the client outlining the breach and requesting payment for the work performed and any other damages incurred due to the breach.... View More

2 Answers | Asked in Business Law, Construction Law and Small Claims for California on
Q: Do I have any recourse for getting back money I paid to an unlicensed CA contractor who I fired for poor quality work?

I hired an unlicensed "contractor" on the recommendation of family members to do a bath and kitchen remodel. After paying him more than $10,000, I fired him because of the poor quality of the work he did on the bathroom remodel and the kitchen planning. The bathroom has to be completely... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jan 29, 2024

In addition to what Mr. Arrasmith said, there are specific statutes in CA that provide remedies and civil penalties for those who have hired unlicensed contractors. These state that you are permitted to recover all money you paid to the unlicensed contractor regardless of whether you knew they... View More

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2 Answers | Asked in Business Law, Construction Law and Small Claims for California on
Q: Do I have any recourse for getting back money I paid to an unlicensed CA contractor who I fired for poor quality work?

I hired an unlicensed "contractor" on the recommendation of family members to do a bath and kitchen remodel. After paying him more than $10,000, I fired him because of the poor quality of the work he did on the bathroom remodel and the kitchen planning. The bathroom has to be completely... View More

James L. Arrasmith
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answered on Jan 28, 2024

In California, hiring an unlicensed contractor can complicate the process of recourse for poor quality work. However, you do have options to pursue. First, you can consider filing a complaint with the California Contractors State License Board (CSLB), which handles disputes involving unlicensed... View More

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1 Answer | Asked in Construction Law and Landlord - Tenant for California on
Q: The owner didn’t notify me of any construction being done outside for property addition.Do I have any rights?

No privacy & noise.

James L. Arrasmith
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answered on Jan 25, 2024

In California, tenants have the right to quiet enjoyment of their rented property. This means your landlord should inform you about any significant disruptions, like construction, that could affect your living conditions. The lack of notice and the resulting noise and privacy issues you're... View More

1 Answer | Asked in Contracts and Construction Law for Nevada on
Q: If company adds fees to final Invoice but never gave me a change order for nor agree too as I liable to pay?

Also didn’t sign it, tons of work wasn’t completed nor happy with. I paid majority but the extra fees they are trying to add on never happened nor was I advised until day we met in person. Never signed a change order like I did previously.

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, the situation where a construction company adds fees to a final invoice without providing a change order, agreement, or obtaining your signature raises concerns regarding the legitimacy of those additional charges. If significant work remains incomplete and you are dissatisfied with the... View More

1 Answer | Asked in Construction Law for Nevada on
Q: Contractor sent a notice of intent but I never signed change order form nor agreed to new charges am I liable?

I did cut them a check minus the additional fees not agreed too and now I have a notice of intent. They cashed the check as well with paid in full in the memo.

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, construction contracts and change orders typically require clear communication and mutual agreement between the parties involved. If the contractor sent a notice of intent and you did not sign a change order form or agree to new charges, it raises questions about the validity of the... View More

1 Answer | Asked in Construction Law and Contracts for Colorado on
Q: Door install still not finished and I have not paid fully. Can I never pay?

Door & Window install has been a bit of a nightmare. They have been terrible at communication. I paid a deposit on the job (~$2k) and still owe them the rest (~$4.5k). There are multiple issues with the door install that have not been fixed. They started in May 2023. Last I heard was maybe 2... View More

James L. Arrasmith
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answered on Jan 21, 2024

You make a fair point - if a contractor does not complete the work properly or to your reasonable satisfaction, they should not necessarily be entitled to full payment. Legally, you have a few options:

1) Set a deadline/ultimatum for them to fix the outstanding issues by a set date in a...
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1 Answer | Asked in Construction Law for California on
Q: How do I file a disgorgement suit against an unlicensed contractor? What forms do I need?

CSLB already completed their investigation and confirmed that he is unlicensed.

James L. Arrasmith
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answered on Jan 18, 2024

To file a disgorgement suit against an unlicensed contractor in California, you'll need to start by preparing a complaint that outlines your case. This complaint should include the details of the contractor's unlicensed status, the work performed, and the amount paid to the contractor.... View More

1 Answer | Asked in Contracts and Construction Law for Texas on
Q: Am I responsible for a Change Order AFTER the project has been completed?

I had a fire suppression system (fire sprinklers) install at my business.

We had a signed contract describing the work done and the agreed amount. Just prior to the start of the project the city required them to change where they would connect to the city waterline. I was aware they would... View More

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

In order to give you a proper analysis on your options, it would be necessary to have an attorney review your particular contract. Each contract for building projects is different, but a good one should usually contain several clauses explaining liability for change orders, when/how to dispute... View More

2 Answers | Asked in Construction Law for California on
Q: have LLC construction activitiesBut don't have contractor license I did a job for h ,owner now she want her money back

I did construction job ,I don't have license. Now the owner wants her money back or small clim crt.

The job done under LLC name ,

Can she sue me or she can sue the LLC?

Which better: give her money back face to face ?or go to court? Please help

James L. Arrasmith
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answered on Jan 14, 2024

Under California law, performing construction work without a contractor's license can lead to serious legal consequences. If you completed a job without a license, the client has the right to request a refund, even if they were initially satisfied with the work.

The legal liability in...
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2 Answers | Asked in Construction Law for California on
Q: I am a General contractor Valid Lisc. How long does a home owner have to notify me of the deects on the home?

They owned the property. Califoenia property

T. Augustus Claus
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answered on Jan 10, 2024

In California, the statute of limitations for construction defects generally provides homeowners with ten years to file a lawsuit for latent defects, which are defects that are not immediately apparent. This ten-year period typically begins from the date of substantial completion of the... View More

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2 Answers | Asked in Construction Law for California on
Q: I am a General contractor Valid Lisc. How long does a home owner have to notify me of the deects on the home?

They owned the property. Califoenia property

James L. Arrasmith
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answered on Jan 10, 2024

In California, the timeframe for a homeowner to notify a contractor of defects in a home they own can vary based on several factors. It's important to consider the nature of the defect and the specific terms of your contract with the homeowner.

Generally, under California law,...
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1 Answer | Asked in Construction Law and Real Estate Law for California on
Q: No contract with our GC ,fired him, never agreed to his percentage take. He wants 30K, if we don’t pay can he place Lien

It has been well over 20 days, no contract was signed and he made some egregious mistakes and never stuck to project due dates that cost us 40k. We paid him 45k before our barn was completed, even after he told us it would be around 25k. He never finished the barn (only trim and doors left) but... View More

James L. Arrasmith
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answered on Jan 10, 2024

In California, a contractor can file a mechanics lien for work done on a property, even if there was no formal contract. However, there are specific time frames and conditions that must be met. For residential projects, the contractor typically has 60 days from completion of the work to record a... View More

1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: If a contractor doesn't finish the job and is unresponsive, but later agrees to return, does that reset the accrual date

I had a contractor work on my kitchen. He was supposed to return to finish the job, but he didn't return my texts for a few weeks. He finally emailed me back and said he thought the job was done, but agreed to come back and address one of the issues. I emailed that wasn't acceptable,... View More

Leonard R. Boyer
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answered on Jan 6, 2024

To provide a meaningful answer and how to best proceed, you should be prepared to pay an experienced civil litigation attorney for 1/2 to 1 hour of attorney time to review all the relevant documents. As someone who has handled a significant number of these cases, I am certain that I can get you the... View More

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Virginia on
Q: If there are two equal adjacent lots (A and B) to be developed into homes.

Lot A is owned by property owner #1 and Lot B is owned equally by property owner #1 and #2. If you build homes how should the development cost/profits from sales/shares work out?

Richard Sternberg
Richard Sternberg
answered on Jan 4, 2024

The short answer is "any way you want to." There are many choices. If you make no choices, the Uniform Partnership Act will make them for you, and you may not like its choices. Indeed, it won't be clear whether you have a partnership of the one property or of the two, and the one to... View More

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Land Use & Zoning for California on
Q: how do i file a breeh of contract an demand for payment and lean on sed real property forth with .

a non lycenced contractor /bilder went into a writin contract with a home ower ,secured full payment, for work and materearls, and then no call no show by due date of sead work .

James L. Arrasmith
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answered on Jan 1, 2024

In California, if you're facing a situation where a contractor has breached a contract and failed to perform the agreed-upon work, you have several legal options. First, you should consider sending a formal demand letter to the contractor, outlining the breach and requesting the fulfillment of... View More

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