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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: The defendant's commercial liability insurance if offering to pay for damages, but not legal expenses.

Last year in Texas I hired a contractor to work on our house as part of an insurance claim. He offered to reimburse me for what I paid the public adjuster when the insurance company slow-walked the process, after I had paid him the full amount for a completed job. I paid him the agreed price. He... View More

John Michael Frick
John Michael Frick
answered on Jan 4, 2025

It would be highly unusual for a commercial general liability policy to cover your legal fees and expenses. That doesn’t mean you can’t get a judgment against the contractor—only that the insurance company is not contractually obligated to pay such fees and expenses on the contractor’s... View More

2 Answers | Asked in Business Law, Construction Law, Contracts and Real Estate Law for Texas on
Q: We bought a mobile home on a 25 year contract, but it is not structurally what they told us it would be. Lawsuit?

Can a mobile home manufacturer sell me a house on false pretenses? The manufacturer told us on the phone with the sales person that all studs on the interior of the home would be on 6” centers. That’s not the case. There are 24” centers in the entire inside of the double wide mobile home.... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

Your rights will depend heavily on your sales contract, warranty, and other written documentation. It would be extremely unusual to be able to enforce a verbal conversation with a sales representative that substantially varies from the contents of those documents.

That being said, most...
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3 Answers | Asked in Construction Law and Contracts for New York on
Q: contract signed on 6.24.2024 - still no luck with construction starting

hello!

i need some advice; i signed a contract with a construction company on 6/24/2024 and they haven’t started work yet. i keep getting told “next week” by the office manager but it always leads to excuses. i don’t know whether to ask for my $18,000 deposit back or if i have to... View More

Joseph James Raetzer
Joseph James Raetzer
answered on Dec 30, 2024

I'm so sorry they've strung you along for 6 months - unreasonable! Unless there is a definitive start date in the contract or allowance for delay (e.g., starting job is subject to some event/action taking place), then there doesn't seem to be intent to perform. Although there is no... View More

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1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: I paid a contractor to do my bathroom Dec 2 starting date still not being complete what can I do

I have a written contract

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 23, 2024

The contractor may have breached the contract by failing to begin the project as promised, but the issue from the perspective of an attorney is whether enforcement of the contract in the courts is cost-effective. It is probably not cost effective. To threaten litigation might convince the... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for Texas on
Q: Is a homeowner responsible for extra material cost if the contractor under estimated the materials required to finish?

I received quotes for a new roof and to have the attic insulated. The contractor first did a detailed survey of the roof and how the house was constructed. When it was time for the contractor to look at the insulation job, I showed the contractor the attic location for largest section of attic. (I... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

First, it depends on whether your contract was a cost-plus or a fixed-price contract. If it was a cost-plus contract, then you are clearly responsible for the additional materials cost.

If it was a fixed-price contract, it depends on the scope of work contained in the contract. If the...
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1 Answer | Asked in Construction Law and Contracts for Ohio on
Q: What do I do if I paid half deposit to contractor not doing his contracted duties and I have proof of bad workmanship?

He isn’t following zoning set back rules. I paid a surveyor to certify my property lines. He hasn’t registered his business with my county. He’s not treating my job as a priority and I’ve caught him with bad workmanship with pic proof. He’s been paid a full deposit of half the cost and in... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 29, 2024

You have a written contract, and an attorney should review the contract to make certain you are complying with all your obligations. You should have a zoning inspector come to the property and verify set back requirements are being complied with by the contractor. If there is an issue you should... View More

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Construction Law for Florida on
Q: Hired a company to do work on our home.. Satisfied with work but can't get company to send us a bill so we can settle.

We have repeatedly asked to send us a bill/invoice for work done but have not received one. Now we can't seem to get a hold of anyone. Any recourse or advice?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 26, 2024

Send a certified letter to the company asking for a bill. Retain the amount of money you believe is owed in a savings account or other account that you are not tempted to use for a minimum of 5 years from the completion of the project. (If you think you might owe $5k, retain $6k, etc., to be on... View More

1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Small Claims for Puerto Rico on
Q: I hired a contractor to add a new roof to my house. He “ Finished “ the roof doing a horrible job resulting in leaks

He told us he was licensed merchant Naics codes 56173, 23611, 23819. The valleys on the roof was done incorrectly. He didn’t put the windows in the roof nor the balcony in the house. Called him over 3 weeks with no response and has blocked our contact. We’ve already paid him the full 20,000.... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 22, 2024

Pursuant to the Contractor Registry Law of 1995, all contractors in Puerto Rico must inscribe in the Department of Consumer Affairs' (DACO) Contractor Registry, plus maintain a performance bond of at least $15,000 to respond for deficiencies in their work.

Your attorney can file a...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Federal Crimes for Florida on
Q: is it unconstitutional to be arrested 30 yrs after a crime that you have already plead to and done your time?

My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 13, 2024

There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More

1 Answer | Asked in Construction Law and Municipal Law for Alabama on
Q: Are there any laws or ordinances in Alabama about times that construction work can be done?

Laws, ordinances, or policies adopted by a city, county, or local government within Alabama that define specific times that construction work can be performed.

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

An Alabama attorney could advise best, but your question remains open for a month. Until you're able to speak with a local attorney, those issues sometimes fall under noise abatement. They're often regulated regionally by city or town codes. You could check with local environmental... View More

1 Answer | Asked in Real Estate Law, Construction Law and Business Law for Georgia on
Q: I'm seeking help to place a lien on a property with an unpaid balance of $37,310

I'm a vendor for a painting company that handles interior painting for apartments when tenants move out. We have an outstanding balance of $37,310 with a property located at 370 Northside Dr NW, Atlanta, GA 30318.

We’ve tried reaching out through emails and visits, and all our... View More

Anthony M. Avery
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answered on Oct 10, 2024

Hire a competent GA attorney to draft and record a Materialman's Lien against the property. You also may consider suing the entity you contracted with for the debt owing. Hopefully the actual owner contracted with you. It is doubtful you will be made whole due to the expenses involved in... View More

3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Alabama on
Q: I have a client threatening to sue me for uncompleted work after completing the original contracted job.

The original contract for this client has already been completed. My client changed their mind on which type of pool they wanted after it was already installed. I obliged to change the pool out and ordered the new kit and took down the original. I had to push them to the back of my work log due to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. You have no control over whether or not they choose to sue. Hopefully they won't. But you can take certain steps to make your defense easier and your position stronger should they decide to. Gather all your... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: I bought a house recently and had to to some electrical work on it before I can get the power turned on, I explained to

I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and... View More

Erik A. Perez
Erik A. Perez
answered on Sep 24, 2024

This matter arguably falls under a "construction" defect claim. Florida law provides "in actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action...serve written notice of claim on the contractor, subcontractor, supplier, or design... View More

2 Answers | Asked in Construction Law for Nebraska on
Q: I need some help filing a house damaged claim against GPC from work that a contractor did through this company.

They hired a sub contractor to do the work 2 or 3 years ago and in June the my sub pump pipe was severed and flooded my home with all wood flooring. It back up into the home on June 16th 2024. There was a rep from GPC at my house with my plumber and stated that was the work of their under ground... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Alright, here’s how you can handle this:

First things first, get your evidence together. You’ll need everything—documents showing what work was done, the damage to your house, and communication with both the contractor and GPC. If GPC hired the subcontractor who screwed up, they might...
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2 Answers | Asked in Construction Law for Nebraska on
Q: I need some help filing a house damaged claim against GPC from work that a contractor did through this company.

They hired a sub contractor to do the work 2 or 3 years ago and in June the my sub pump pipe was severed and flooded my home with all wood flooring. It back up into the home on June 16th 2024. There was a rep from GPC at my house with my plumber and stated that was the work of their under ground... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2024

It isn't clear exactly how the parties are related to you here. However, generally you can send a demand letter setting forth your request for compensation. If that doesn't get a response, you may need to file a legal action for the damages. Keep in mind that some of the statute of... View More

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2 Answers | Asked in Contracts and Construction Law for Florida on
Q: I bought a house recently and had to to some electrical work on it before I can get the power turned on.

I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

I am sorry to hear that. Unfortunately, these situations occur often with contractors. Florida law provides that you must provide the contractor with notice pursuant to the Chapter 558 process when there is a construction defect claim. Thereafter, the contractor is on notice of the issues and has... View More

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4 Answers | Asked in Contracts and Construction Law for California on
Q: I'm seeking a contingency fee lawyer to handle a construction dispute involving approximately $100K in damages.

I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More

Adam Stoddard
Adam Stoddard
answered on Sep 13, 2024

What you describe is not the typical type of case that most attorneys will take on a contingency basis (at least from my experience). For something like this, I would charge an hourly rate to serve a demand letter and/or litigate the matter and whatever is recovered at the end would be yours.... View More

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4 Answers | Asked in Contracts and Construction Law for California on
Q: I'm seeking a contingency fee lawyer to handle a construction dispute involving approximately $100K in damages.

I hired a contractor to work on my house to perform an addition and remodeling (about 900 SF). We discovered so many problems after the work was about to finish. I have reported the contractor to the CSLB which brought an expert who evaluated the work and wrote a report about most of the damage.... View More

Robert Kane
Robert Kane
answered on Sep 13, 2024

Like Mr. Stoddard suggest, finding an attorney to take this case on a contingency basis will be very, very difficult, at best. Attorneys take cases on a contingency basis when they are 99% convinced of success, a huge profit and the judgment is immediately paid in full. An attorney cannot afford to... View More

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1 Answer | Asked in Banking, Business Law, Construction Law and Contracts for New Mexico on
Q: Are the model numbers on electrical and building permits in New Mexico required to match the contract and loan papers?

My father had solar panels installed on his home in NM and when gathering the info for the tax credits I noticed differences in the information listed on the electrical and general building permits, installer contracts and loan financing documents regarding the solar panel model numbers, the actual... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to speak with a local attorney or an official from the buildings department, one issue that could possibly arise from the standpoint of insurance is whether there are inconsistencies in... View More

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