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Idaho Construction Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Libel & Slander for Idaho on
Q: Can you appeal a civil court with or without prejudice if there is a counter claim from the defendent?
James L. Arrasmith
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answered on Dec 23, 2023

In Idaho, the ability to appeal a civil court decision depends on the specifics of the case and the nature of the judgment or order being appealed. An appeal can be filed whether the case was dismissed with or without prejudice. The distinction between with and without prejudice is significant: a... View More

1 Answer | Asked in Copyright and Construction Law for Idaho on
Q: We contracted with a developer to design spec homes for their development which they would build. Not doing so

Developer is having financial issues and has begun selling our drawings to buyers of their lots and allowing them to bring in their own construction company to build house. This was not our agreement. We have no control over the construction phase using our drawings which may or may not be latest... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 15, 2022

Check your contract. Depending on your payment, you may have released your rights to the other company.

You may have the right to contract independently with the home owners.

Consult with an attorney.

1 Answer | Asked in Real Estate Law and Construction Law for Idaho on
Q: Lawyer knows his client is at fault. Shouldn't he advise client to honor his obligation, instead of attacking victim?

Party A excavates his lot in preparation for building a home. He violates state law by not providing written notice required by statute to Party B about intent to excavate, and remove lateral supporting soil at their mutual property line. After the damage is done, Party A sends Party B a letter... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

I think your question involves malpractice? If so, you should first consult the Idaho Rules of Professional Conduct: Look first at the lawyer's B's duty to his clients. Then look at the lawyer's B's duties when working with 3rd... View More

1 Answer | Asked in Contracts and Construction Law for Idaho on
Q: Where can I get a template for filing my suit?

I need to file suit against a general contractor who failed to complete the job despite being paid.

Kevin M Rogers
Kevin M Rogers
answered on Sep 29, 2021

I am a practicing member of the Idaho State Bar, my friend and have multiple lawsuits I can reference pleadings for if I need to. However, a "Template?" I'm sorry, no set of facts are the same; and, even the Rules of Civil Procedure have changed, just since my last suit. So, it... View More

1 Answer | Asked in Contracts and Construction Law for Idaho on
Q: Can I sue a homeowner for Breach Of Contract, and loss of income.

After the job had begun, and a significant amount of the work was completed, the homeowner found someone to do the job for less. They demanded a refund of their deposit, and trespassed me from the property, not allowing me to retrieve my tools, or forms, etc. They then had another company use my... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 9, 2021

Yes you certainly do. It sounds like the homeowner has had "second thoughts " which is fine, its their right. But if you completed your "performance," then their performance is now "DUE." If they slander you, this is actionable; if they refuse to teturn your tools,... View More

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