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Construction Law Questions & Answers
1 Answer | Asked in Car Accidents, Construction Law and Gov & Administrative Law for Georgia on
Q: If a construction company had a bucket above barrels in my lane an the bucket hit my mirror who's at fault

The officer's report said I misjudged distance but a vehicle was next to me an was as close over as I could get I never hit the barrel's so what's to misjudge the lane should have been closed if to narrow to pass

Tim Akpinar
Tim Akpinar answered on May 6, 2021

A Georgia attorney could advise best, but your post remains open for four weeks. It could be a situation where fault is seen by a court on both sides. A Georgia attorney might be able to offer deeper insight in terms of the construction site and its practices in stacking barrels and buckets in that... Read more »

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: How do I get my pool finished with no contract permits pulled by company now they won't return calls. Started not finish

I was working for pool company Cool Pools for 3 years was friends with owner for 12 years started a pool and enclosure build with him. Pool got finished mostly but now he won't do the enclosure and has been ignoring my calls for months without a response. I lost my job with with them after... Read more »

Linda Liang
Linda Liang answered on May 3, 2021

You can hire another company to finish the work and sue them in small claim court

1 Answer | Asked in Car Accidents and Construction Law for Ohio on
Q: Who is at fault for ice buildup due to clogged downspout that subsequently fell 30 feet onto a car?

Car owner parked in a parking lot next to a building. The 30 foot tall downspout had ice accumulation due to the fact it was clogged and did not allow proper water drainage. While away, a large section of ice sheared away from the downspout hitting the car and causing major damage. Ice was large... Read more »

Tim Akpinar
Tim Akpinar answered on May 2, 2021

An Ohio attorney could advise best, but your post remains open for three weeks. It could depend on a number of factors, including condition/maintenance of the waterspout, conditions for use of the lot, warning signs or disclaimers, and other possible factors. An Ohio attorney could offer better... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for Colorado on
Q: If a vendor/contractor damaged my property, can I claim against the person who hired the vendor?

I'm a commercial tenant in a mall struggling to open a small business in the midst of this pandemic. A neighboring shop owner in the mall hired or asked a vendor/contractor to remove some equipment from her shop and he took a piece of my equipment valued at $1,300. When he returned it, it was... Read more »

Donald C Eby
Donald C Eby answered on Apr 25, 2021

You should file that small claims action to force this to a conclusion more quickly.

1 Answer | Asked in Civil Litigation and Construction Law for California on
Q: hello.on 11/20/2020 my husband contracted with a company to install chair lift in our home. at the time measurements

were taken and a 2k deposit given. the owner told my husband that the parts would not be at their warehouse until end of jan or first couple weeks in feb. my husband subsequently became deceased on 12/10 .i phoned and advised the owner of my husband's death and that i wished to cancel his... Read more »

James Alan Greer
James Alan Greer answered on Apr 25, 2021

Chairlift Cancellation: We always first start with analyzing the contract language, and so in this instance would be interested in examining any sort of "cancellation" provisions. If none, then we would need to look to case law, and the focus is on "impossibility to perform"... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: Can a lender refuse to do an inspection because current month's payment is delinquent? Lender says loan is in default.

According to contract terms, if payment is made after the 15th, a 10% penalty is due with payment. All (7) payments have been made and accepted. Lender/Inspector stated on "April 19th" he will not inspect the project to fund the draw because the loan is in default. There is a 15 day... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 20, 2021

Go back to the signed loan agreement. You may find language that spells out that a certain number of delinquent payments will result in a default status. Another phrase to watch for is one which allows the Lender to call the loan in default whenever the Lender "... in good faith deems itself... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Construction Law on
Q: Can the city build a new road on my property without notifying me?
Anthony M. Avery
Anthony M. Avery answered on Apr 19, 2021

Hire a competent attorney to conduct a title search. That may tell of the City's right of way rights. A survey may be needed also. Eminent Domain is always a possibility, but usually condemnation occurs prior to construction and usage. You may have a suit for damages, but SOL's run... Read more »

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: just signed a pool contract & gave 5k deposit nothing has gone to permit yet company revoked by bbb can i request refund

last night april 15 , 2021 i saw the news is investigating this pool company olympus pools for many complaints and unfinished projects. since we are not all the way in financially a down payment given on credit card for 5,000/ can i back out with the reason extremely leery, worried that they will... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 17, 2021

Request a performance bond.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Illinois on
Q: Unlicensed roof subcontractor, hidden from homeowner, did incomplete and unsatisfactory work, is homeowner breaching

contractual agreement if holding out on payment until compensated

for incompetent, incomplete work?

Frederick A. Lurie
Frederick A. Lurie answered on Apr 14, 2021

I am not sure what your question is but under Illinois law, it is unlawful to do any roofing work without a license under the Roofing Industry Licensing Act.

1 Answer | Asked in Civil Litigation, Construction Law and Insurance Bad Faith for Maryland on
Q: Insurance breached settlement agreement. WHY?

Why would a insurance company breach a settlement agreement?? I settled a property damage claim with an insurance company. Property damage 60k Personal property also 60k. Under the settlement agreement they had to do work on my condo to make the condo watertight, hiring an engineer for... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 14, 2021

If you do not have an attorney, then I certainly recommend that you hire one at this time to assist your in either enforcing the settlement agreement and/or reaching an alternate resolution-----a lot of times the insurance company will not proceed accordingly without an attorney on the other side.

1 Answer | Asked in Construction Law for North Carolina on
Q: How do we pursue a settlement against Lowes for kitchen remodel valued at over $30,000 paid for in full 8 months ago

Lowes sent an unlicensed installer to our house to rip out and install new kitchen cabinets and hood vent system. Various breaches of contract including massively subpar work, theft from our home, dangerous living conditions, multiple violations of code, all needs be ripped out and start over . It... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 13, 2021

Talk to a local lawyer and start the process of filing a lawsuit, this will have to be in superior court and I would not attempt this without professional legal representation.

1 Answer | Asked in Construction Law on
Q: Construction Law

Hi.

I have signed a construction contract which im currently having some issues. Throughout the contract it notes items that "shall" be completed or provided. This is not an issue and make sense.

There are a number of items that state "generally consist of" In... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 12, 2021

This could be difficult to address in the brief format of this Q & A board. If you consulted with an attorney, they would likely want to see the contract in its entirety. Without more context, one could only speculate on what the term means, such as in fill material, aggregate material,... Read more »

1 Answer | Asked in Child Custody, Civil Rights and Construction Law for Kentucky on
Q: Let me rephrase

If my mother doesnt bother asking me to come home can she get me into legal trouble if she lets me move out before im 18??

Timothy Denison
Timothy Denison answered on Mar 31, 2021

Either you’re there with her permission or you’re not. If you’re there with her permission, you won’t get into trouble. If you’re there without her permission or against her wishes, you could get into trouble. End of story.

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: Can a condo developer in the state of GA refuse to turn over HOA to homeowners despite completing/sold >95% of complex?
Michael D. Birchmore
Michael D. Birchmore answered on Mar 28, 2021

Whether / and/or when the developer must turn over the development to the owners is set forth in the initial declaration of covenants and restrictions (C&R). As long as the declaration was recorded properly on the deed records of the county, the owners are deemed to have purchased with full... Read more »

1 Answer | Asked in Construction Law for Colorado on
Q: Can we sue a builder for not repairing siding that was not installed right if so what kind of lawyer do I need to get

We had a home built and finished in July of 2019 and when we moved in we talked to the builder a bout this and they sent a rep from the siding company and they said it needed to be replaced due to not being installed the right way. Well the builder keeps sending people out to look at it but nothing... Read more »

Donald C Eby
Donald C Eby answered on Mar 19, 2021

If your builder is failing to perform the warranty work then you will need to bring a lawsuit to protect your investment. This will be a construction defect type of suit. I recommend contacting an attorney familiar with suing builders under the Construction Defect Act as it is a somewhat... Read more »

1 Answer | Asked in Construction Law for Florida on
Q: Can I pursue litigation or negotiations for Construction Defect based on insurance denial letter verbiage?

My insurance company denied my claim stating "While the field adjuster’s inspection did reveal evidence of water intrusion to the interior of your home, the policy will not provide coverage for interior water intrusion unless a peril created opening is present to allow for coverage of the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 12, 2021

What the verbiage means is that the water damage appears to have been caused by a previously-existing defect in the structure.

1 Answer | Asked in Construction Law, Education Law and Securities Law for Ohio on
Q: Can I ask my school for building blueprints?

Using for a project but they denied my request because they said it violates security protocols.

Matthew Williams
Matthew Williams answered on Mar 10, 2021

Sure, you're allowed to ask, and they are allowed to say no.

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Florida on
Q: what recourse does a FL GC have against a business owner who will not pay final payment of signed contract? CO issued
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 3, 2021

You may have to sue them for the final payment. Or try hiring a very experienced Florida lawyer to send them a strong warning letter first. Usually works if the lawyer is good.

1 Answer | Asked in Construction Law for Maryland on
Q: If I dig an pour the footers an lay the block foundation for a detached garage in md. On a lot with a existing older

Home do I need a mhic license ? I already have a md construction license. Thanks

Mark Oakley
Mark Oakley answered on Mar 1, 2021

Unless this is your own house, YES, you need a license. All improvements to a residence that you perform for a homeowner for money requires an MHIC license, and you are also solely responsible for obtaining all building permits for the job. A general construction license is not sufficient, and... Read more »

1 Answer | Asked in Construction Law for Pennsylvania on
Q: A contractor completed shoddy work, said he’d fix it and hasn’t spoken to me since that verbal promise. Civil suit?

I hired Bella Concepts Remodeling to do work in a bathroom. The shoddy workmanship resulted in a pinched gasket and leaks, which subsequently saturated/rotted the floor underneath linoleum. When I reached out to the contractor, a year and a half after the work was completed, he rushed out, told me... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

Get an estimate of the cost of repair. Ask him to pay. If he doesn't, take him to small claims court.

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