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Construction Law Questions & Answers
1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: How long does a contractor have to hold his price, if the proposal was signed and accepted and no T&C's are on proposal?

I received a proposal on 07/28/20 for a pole barn to be built. Prior to the contractor ordering the material package, we had to obtain engineered drawings and a building permit per the contractors verbal instruction. I signed and accepted the proposal same day. Today, I received a revised quote... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2020

There is no specific law. If you don't agree to the increase, the contractor is unlikely to build your project. You could claim a breach of contract, select another contractor, and if the other contractor charges more for the same construction, you could sue the first contractor for the... Read more »

1 Answer | Asked in Construction Law for California on
Q: Does paying for a permitted bathroom include the unclogging of a sink?

The original quote for bathroom remodel (fully permitted, replace sink, tub, toilet and finishes) did not specifically call out for unclogging of sink drain. GC agreed verbally after quote was signed to unclog the sink drain. He sent out a plumber ("out of the goodness of his heart") and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 15, 2020

Interesting. The GC rushed to finish the job, in order to get paid, and the plumbing was not operational. Now you have to demo the new construction. Possible negligence on the part of the GC because the warning bells should have gone off when the gratuitous plumber could not unclog the drain.... Read more »

1 Answer | Asked in Construction Law and Traffic Tickets for Alabama on
Q: Is the speeding fine still doubled in a construction zone when no workers are present?

I was clocked by a state trooper supposedly doing 102 in a construction zone on a sunday. i say supposedly because he had to come over through 2 lanes in steady traffic to get behind me. I am in college and I really cant afford a ticket that big, and the points on my license will make my insurance... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Sep 7, 2020

If you don’t have any prior tickets, ask for it to be dismissed if you take driving school. If you do have prior tickets ask for it to be dismissed on costs. Or ask for a trial because most troopers don’t show up. They will get one continuance. At the next court date, if the trooper is not... Read more »

1 Answer | Asked in Construction Law for California on
Q: Am I required to hire a General Contractor in CA, for work designed and installed by certified licensed contractors

Sold a 40 year old home AS-IS. After Close Of Escrow buyer discovered issue with location of electrical meter. We agreed to pay damages to have meters moved. But, now they are also requesting payment for "general contractor" fees - essentially the hours the private homeowner invested to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 1, 2020

Is the buyer a General Contractor? Does he have a written contract with himself to perform the work he is billing for that comports with the contract requirements for contractors in California? If either of these answers is no, he does not get anything and even if they are both yes, he probably... Read more »

2 Answers | Asked in Contracts and Construction Law for Colorado on
Q: Can a contractor charge me additional money after I paid the invoice in full?

A subcontractor "forgot" about additional charges over a week later and now the subcontractor is trying to charge me additional money.

I am the owner, and was told that the job was paid in full. Now, a week after, they are charging more money with no itemized bill.

James Alan Greer
James Alan Greer answered on Sep 1, 2020

Dear Questioner facing extra-contractual charges: I am unclear if you are the Contractor or the Owner in the description you provided. However, while there would be nuances in my legal analysis and recommendations depending upon your respective "role", the basic answer remains the same.... Read more »

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5 Answers | Asked in Car Accidents, Construction Law and Small Claims for California on
Q: What are my options when trying to recoup vehicle repair costs associated with damage caused by Caltrans' subcontractor?

Hello,

Significant vehicle damage was incurred due to freeway construction debris collision with my vehicle. Caltrans claim was submitted by both my vehicle insurance and myself. Caltrans responded about a year later to my insurance, stating that this instance was caused by their... Read more »

Robert Dourian
Robert Dourian answered on Aug 31, 2020

I sounds like your options have narrowed down to filing an action for property damages. It is not so clear that CALTRANS is not responsible, but its all about the actual facts and circumstances. This matter may not make sense for an attorney to take on if the dollar amount of the damage is low.... Read more »

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1 Answer | Asked in Construction Law for California on
Q: Can I fight a law not allowing me to put a shade.

There is an ordinance in my city that says I have a 25’setback. I only have a 30’ driveway. I need something to help keep my house cooler and help my home become more energy efficient. Is the city obligated to give me some type of solution?

James Alan Greer
James Alan Greer answered on Aug 26, 2020

Dear California SET BACK LAW questioner: The 25 foot set back precludes erection of a building structure but typically does not preclude, for example, an arbor or a shade sail or retractable awning. If you construct one of these examples above your sun-facing windows that may offer relief. You... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: County wants us to get a permit for basement finish from 2006 which was two owners ago.

They tell me I need to pay 650 dollars to make our home legal. We have a coo.

James Alan Greer
James Alan Greer answered on Aug 26, 2020

Dear County Compliance questioner: I'm afraid that your defense "it's been unlawful for a long time" is not adequate for you to avoid the Colorado Municipal Law pertaining to the County's jurisdiction over unpermiited structures. To perhaps smooth over your anguish about... Read more »

1 Answer | Asked in Consumer Law, Construction Law and Small Claims for Texas on
Q: Roofer put wrong shingles on my roof. What can I do?

We have had our roof replaced which was covered in our insurance. He came and we agreed on a color and he gave us the packet with a brochure with our selected shingle color and style. When he filled out the contract he did not put down the same style as the brochure we had agreed to. The specific... Read more »

Matthew Scott Williams
Matthew Scott Williams answered on Aug 25, 2020

Yes. You may certainly ask that the issue be remedied; however, whether the roofer will agree is unlikely.

Unfortunately for you, Texas courts strictly enforce the "four corners" of a contract - meaning the parties are held to the actual words and their plain meaning contained in the contract.

1 Answer | Asked in Construction Law for Ohio on
Q: In Ohio: How do I fire a contractor that was hired to rehab my house after a fire? Should have been completed 4/6/20.

Work started beginning of Sept 2019, has gone on 4 months past initial completion estimate of 4/6/20. As of 8/22/20, I am still finding areas untouched that should have been cleaned of soot in the beginning. Every task done is not restored as it was, every job done has been incomplete, or not done... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 24, 2020

If you believe contractor has not fulfilled the terms of the contract and is in breach, then send a written notice of termination or other method as specified in the contract. The contractor might file a mechanic's lien for the value of the work contractor claims has been done correctly. You... Read more »

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: My pool contractor keeps telling me he will not finish the coping until 2 months later and the pool has not been touched

It’s been 6 weeks with nothing done and their excuse is we have other pools we are working on, is that a claim they can say to not work on my pool legally

My other question is when does the time start for my pool to be completed if we signed a contract on April 1 let and made deposit, the... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 19, 2020

The pool contractor's deadline is solely based on the contract language, and if there is no language about that, then based on a "reasonable" time to complete the job. Your issue is common with pool contractors, as well as other types of home construction contractors. You should... Read more »

3 Answers | Asked in Construction Law for California on
Q: Is a partial down payment enough to secure a job for a contractor?

Gave me 800 in cash...down payment was 7500

Maurice Mandel II
Maurice Mandel II answered on Aug 18, 2020

Well, look at your written construction contract, you know, the one required by law. Does it say that you are not retained until you get the entire deposit? Give back the money and written notice that you are turning down the job for his non performance.

Justia disclaimers below,...
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1 Answer | Asked in Construction Law, Civil Litigation and Land Use & Zoning for New York on
Q: NYS recently passed a law superceding a local law. The local law has provisions inconsistent with the NY law, but parts

are more restrictive. Will the local law have to be rewritten and can all the extra restrictions be added right back in?

Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

As a general rule, state laws generally supersede local laws. There are settings where local laws are sometimes stricter than state or federal laws. In terms of local laws being rewritten, that could be up to city officials, based on peoples' feedback. It would be best to consult with an... Read more »

1 Answer | Asked in Construction Law and Land Use & Zoning for Florida on
Q: Construction project severely affecting traffic and subsequent revenue of businesses in my shopping center

Construction project in front of the shopping center where my restaurant is located has been obstructing traffic to the point that during certain times of the day there is 1 lane width of an entrance meant to double as an exit, causing congestion and frustration for all patrons. We are unable to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 17, 2020

IMO, you are wasting your time complaining about road construction improvements ("progress") not controlled by either your city or your county government. The State of Florida, Department of Transportation has statutory authority to do whatever it thinks needs to be done when improving... Read more »

1 Answer | Asked in Contracts and Construction Law for Georgia on
Q: Can I use a POA to handle an insurance claim?

I’m a roofing contractor in Georgia that specializes in storm damage to an insureds property. Can I use a power of attorney to represent the insured during the claim process to include negotiating policy provisions?

Tim Akpinar
Tim Akpinar answered on Aug 16, 2020

A Georgia attorney could advise best, but your question remains open for four weeks. As a general observation of such an arrangement, some might see the potential for a conflict. For instance, you if are negotiating for the approval of a certain construction task or repair task, could someone... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Construction Law and Contracts for California on
Q: May I apply a affidavit to filing civil law suit against child dependency, and county counsel representative for cps
Louis George Fazzi
Louis George Fazzi answered on Aug 14, 2020

We need a lot more information from you in order to understand what your issue is all about. There is insufficient detail to allow me to give you any kind of advice. Any lawyer will need to know enough detail to understand your situation. A chronological statement of what happened, when, where, how... Read more »

Q: Can I sue for condemned condo?

We rent a condominium in Aventura, FL. Recently we had an electrical inspection, where the result was the condo being condemned. The owner wants to sell instead of repair the problems. Is there anything we can do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2020

Unless you have a written lease that says otherwise, you are not obligated to pay any more rent because you will be required to move. If you do have a written lease you can be sure the landlord will not renew it because he cannot do that if the condo is condemned. Finally, suing is possible, but... Read more »

1 Answer | Asked in Construction Law for Tennessee on
Q: What does “petition for modification of permanent parenting plan” mean?

This is for a construction company not custody

Anthony M. Avery
Anthony M. Avery answered on Aug 13, 2020

Either the plaintiff is mixed up as to the respondent or you have misread something. Parenting Plans do not have anything to do with Construction Contracts or Business. The petitioner may be noticing you about a possible change to a wage garnishment, but again it should not include the Company... Read more »

1 Answer | Asked in Tax Law, Construction Law and Gov & Administrative Law for Minnesota on
Q: Does police office give me a warning or serious ticket and how will be?

i entered the open line while the opposite line was closed at work zone in Faribault mn then police officer stop me and got picture on my driver license, said to me we will send you a ticket to you mail? is it a serious ticket or warning ?

William Bailey
William Bailey answered on Aug 11, 2020

It sounds like the are citing you for something. They do not generally mail warnings to someone. You will likely receive a citation at the address on your license. It would be wise to speak to an attorney to see if you can keep this off of your record.

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: Client's lawyer demanding we finish his project he has needlessly delayed. We responded but haven't heard from them

In our letter, I told him to get a separate permit for an illegal roof repair he did while we were doing his addition; urged him to get his flooring and cabinets as we had previously agreed; and went over all the work that he privately contracted with our subs behind our backs that he is now... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 8, 2020

This sounds to me like a Mexican standoff coupled with a "B" rated chick flick. So rather than try to answer a question that hasn't been asked all I will do is advise you--the general contractor--to stop playing lawyer and hire one-quick. The lawyer you hire will probably tell you... Read more »

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