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Construction Law Questions & Answers
Q: A plumber replaced water heater, but cut the Pipe Bollard, exposing the heater to vehicle damage. Recourse?
1 Answer
| Asked
in
Small Claims, Consumer Law, Real Estate Law and Construction Law
for
California
on
Answered on Oct 5, 2018
Answered on Oct 5, 2018
William John Light's answer
If the bollard needed to be cut to install the water heater, that should be your expense, although the plumber should have given you a written estimate beforehand. If the bollard was cut through accident or negligence, then he should replace it. I think that these pipes are only about $65.00. I doubt that this is worth your time fighting over. Offer to buy the material if he will install it without further charge.
If the bollard needed to be cut to install the water heater, that should be your expense, although the plumber should have given you a written estimate beforehand. If the bollard was cut through accident or negligence, then he should replace it. I think that these pipes are only about $65.00. I doubt that this is worth your time fighting over. Offer to buy the material if he will install it without further charge.
Q: how do you apply a mother-daughter to a single family house?
1 Answer
| Asked
in
Construction Law, Family Law, Land Use & Zoning and Real Estate Law
for
New York
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Elaine Shay's answer
If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.
If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.
Q: Our home was to have an asbestos abatement performed; and what we were assuming was a person whose company was certified
1 Answer
| Asked
in
Civil Litigation, Contracts, Construction Law and Environmental
for
Colorado
on
Answered on Sep 25, 2018
Answered on Sep 25, 2018
Donald C Eby's answer
You may have a legitimate Breach of Contract claim against your contractor and you have a damages claim against him. You should contact an attorney to schedule a consultation so that the facts can be closely reviewed and you can get a clear picture of your rights, options, and possible results.
You may have a legitimate Breach of Contract claim against your contractor and you have a damages claim against him. You should contact an attorney to schedule a consultation so that the facts can be closely reviewed and you can get a clear picture of your rights, options, and possible results.
Q: A contractor took my deposit over 10k and never performed work, will not provide refund, said he no longer wants to talk
Steve McCann's answer
You have a couple of options, but the best option is dependent on specific facts that are not provided here, such as the terms of the contract, and details about the contractor's company. That being the case, I recommend you organize everything in your possession regarding this message, including the contract, and consult with an attorney individually. Many of us offer free consultations, so it will not cost you anything out of pocket to obtain the opinion of an experienced professional....
You have a couple of options, but the best option is dependent on specific facts that are not provided here, such as the terms of the contract, and details about the contractor's company. That being the case, I recommend you organize everything in your possession regarding this message, including the contract, and consult with an attorney individually. Many of us offer free consultations, so it will not cost you anything out of pocket to obtain the opinion of an experienced professional....
Q: In which house moneykills are not introduced?
1 Answer
| Asked
in
Constitutional Law, Construction Law, Real Estate Law and Small Claims
on
Answered on Sep 14, 2018
Answered on Sep 14, 2018
Q: with the help of decided cases and examples compare and contrast the functions and tenants of law
1 Answer
| Asked
in
Business Law, Civil Litigation, Construction Law and Consumer Law
on
Answered on Sep 14, 2018
Answered on Sep 14, 2018
Timur Akpinar's answer
Is it possible this could be “tenets” of law? If so, some of the purposes of the law are to maintain order and provide an equitable means of resolving disputes. Decided cases help toward this by providing a means of comparing matters to those that have already been decided by case law. This is a brief response. A more meaningful response could be achieved by illustrating the operation of this principle with decided cases.
Is it possible this could be “tenets” of law? If so, some of the purposes of the law are to maintain order and provide an equitable means of resolving disputes. Decided cases help toward this by providing a means of comparing matters to those that have already been decided by case law. This is a brief response. A more meaningful response could be achieved by illustrating the operation of this principle with decided cases.
Q: Why is it important for the criminal justice professional to understand the law?
1 Answer
| Asked
in
Business Law, Construction Law, Consumer Law and Criminal Law
for
North Carolina
on
Answered on Sep 9, 2018
Answered on Sep 9, 2018
Timur Akpinar's answer
I do not practice in North Carolina. But from the standpoint of general law, I’ll try to answer the three questions you pose here. It’s important for criminal justice professionals to understand the law because they have to enforce it based on situations they encounter with the public. It’s important for the average citizen to understand the law because the law affects their daily conduct in terms of rights and duties. If one is ignorant of the law or constitutional rights, the basic...
I do not practice in North Carolina. But from the standpoint of general law, I’ll try to answer the three questions you pose here. It’s important for criminal justice professionals to understand the law because they have to enforce it based on situations they encounter with the public. It’s important for the average citizen to understand the law because the law affects their daily conduct in terms of rights and duties. If one is ignorant of the law or constitutional rights, the basic...
Q: Is it legal for the house arrest guy to refuse to put on my house arrest bracelet after the judge ordered it.
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Construction Law and Small Claims
for
Kentucky
on
Answered on Sep 9, 2018
Answered on Sep 9, 2018
Timothy Denison's answer
No. It is a dereliction of duty and punishable by contempt if the judge ordered it and he fails to do it.
No. It is a dereliction of duty and punishable by contempt if the judge ordered it and he fails to do it.
Q: Q: This question pertains to a $25,000 Total Deposit that was given to a Builder for Securing a future lot in a New Comn
Terrence H Thorgaard's answer
It looks like you have asked this question repeatedly. You only need to ask it once; when someone feels that he or she can give you a helpful answer, he or she will answer it.
As I understand your question, the builder has informed you that your $25,000 deposit " is in jeapordy (sic)". For that kind of money, you had best consult with an attorney, show him or her all of the paperwork, and have the attorney take steps to protect your investment.
It looks like you have asked this question repeatedly. You only need to ask it once; when someone feels that he or she can give you a helpful answer, he or she will answer it.
As I understand your question, the builder has informed you that your $25,000 deposit " is in jeapordy (sic)". For that kind of money, you had best consult with an attorney, show him or her all of the paperwork, and have the attorney take steps to protect your investment.
Q: What action can I take against a general contractor who did not get the permits he promised me for our home remodel?
Steve McCann's answer
Your options are dependent on specific facts that are not provided here, such as the terms of the contract with your GC and the representations your GC made regarding obtaining the requisite permits. That being the case, I recommend organizing everything in your possession regarding this matter, including all contracts and written communications with the GC, and consulting with an attorney individually. Many of us offer free consultations, so it will not cost you anything out of pocket to...
Your options are dependent on specific facts that are not provided here, such as the terms of the contract with your GC and the representations your GC made regarding obtaining the requisite permits. That being the case, I recommend organizing everything in your possession regarding this matter, including all contracts and written communications with the GC, and consulting with an attorney individually. Many of us offer free consultations, so it will not cost you anything out of pocket to...
Q: as an architect practicing in TN, can i put a lien on a property
Anthony Marvin Avery's answer
Yes, architectural work that was actually used to construct a structure on real property is an improvement. As such, a Mechanic and Materialman Lien can be filed. Hire a competent attorney and be prepared to actually execute upon the Lien, or forget about it.
Yes, architectural work that was actually used to construct a structure on real property is an improvement. As such, a Mechanic and Materialman Lien can be filed. Hire a competent attorney and be prepared to actually execute upon the Lien, or forget about it.
Q: I purchased a home with a backyard patio that was not permitted. Can I take legal action?
Thomas A. Grossman's answer
If at the time the seller disclosed to you that the patio was not permitted they knew that the City had opened a claim against them, you might be able to sue the seller for the tear-down costs you are now incurring, which they should be responsible for.
If at the time the seller disclosed to you that the patio was not permitted they knew that the City had opened a claim against them, you might be able to sue the seller for the tear-down costs you are now incurring, which they should be responsible for.
Q: independent contractor or subcontractor for workman’s comp
1 Answer
| Asked
in
Workers' Compensation, Construction Law and Insurance Defense
for
South Carolina
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Ilene Stacey King's answer
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you on your property, and building sheds is not part of your business, then you are not a general contractor. If you are a general contractor and the sub does not carry workers' comp, then you have...
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you on your property, and building sheds is not part of your business, then you are not a general contractor. If you are a general contractor and the sub does not carry workers' comp, then you have...
Q: In Florida, we paid contractor in cash 11/22/17. They called July/2018 saying they were not paid. Can they do this?
Terrence H Thorgaard's answer
You indicate that "we paid contractor in cash 11/22/17", and that you "have receipt for initial deposit". It is not clear that you have a receipt for whatever balance was due after the initial deposit (which I assume you paid "in cash [on]11/22/17"). If so, show these receipts to the accountant. If not, I suspect you are out of luck; one should never pay in cash without a receipt.
You indicate that "we paid contractor in cash 11/22/17", and that you "have receipt for initial deposit". It is not clear that you have a receipt for whatever balance was due after the initial deposit (which I assume you paid "in cash [on]11/22/17"). If so, show these receipts to the accountant. If not, I suspect you are out of luck; one should never pay in cash without a receipt.
Q: Where can I find Florida law about the size AC unit to support each square footage?
1 Answer
| Asked
in
Construction Law, Consumer Law and Contracts
for
Florida
on
Answered on Aug 2, 2018
Answered on Aug 2, 2018
Terrence H Thorgaard's answer
I'd check the building code applicable in your area at the time the house was constructed, and when you got the home warranty.
I'd check the building code applicable in your area at the time the house was constructed, and when you got the home warranty.
Q: What is the statute of limitations to sue the builder or structural engineer for residential design failure in Colorado?
Donald C Eby's answer
You don't have to wait until the deck fails. The Colorado Construction Defect Act allows 10 years to resolve this type of issue.
You don't have to wait until the deck fails. The Colorado Construction Defect Act allows 10 years to resolve this type of issue.
Q: Signed contract with general contractor. I gave him $19k to start and I have my receipt to prove. My home not finished.
1 Answer
| Asked
in
Contracts, Criminal Law, Construction Law and Small Claims
for
California
on
Answered on Jul 24, 2018
Answered on Jul 24, 2018
Dale S. Gribow's answer
i had a similar thing happen to me................obviously a crook
was he licensed? report to the licensing board? sue in small claims for up to $10k but getting a judgment is just the first step. Then you have to get him to pay.
you can also go to the local court where he has offices and run a civil index to see who else has sued him and what happened with them.
my guess is you will never get what you want and deserve.
i had a similar thing happen to me................obviously a crook
was he licensed? report to the licensing board? sue in small claims for up to $10k but getting a judgment is just the first step. Then you have to get him to pay.
you can also go to the local court where he has offices and run a civil index to see who else has sued him and what happened with them.
my guess is you will never get what you want and deserve.
Q: Does Kansas (City of Wichita) have a law/code requiring disclosure of the height of a restaurant porte cochere?
1 Answer
| Asked
in
Car Accidents, Construction Law and Municipal Law
for
Kansas
on
Answered on Jul 18, 2018
Answered on Jul 18, 2018
Peter Munsing's answer
Bigger problem is if it was close enough that you might hit it you have an obligation to avoid hitting if you could have. For instance if you have a van with a high roof, you would want to get out, check it out, and if close just don't go there.
Bigger problem is if it was close enough that you might hit it you have an obligation to avoid hitting if you could have. For instance if you have a van with a high roof, you would want to get out, check it out, and if close just don't go there.
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