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Texas Construction Law Questions & Answers
1 Answer | Asked in Construction Law for Texas on
Q: Is it legal for a contractor to post pictures of the outside of your home on social media?
John Cucci Jr.
John Cucci Jr. answered on May 1, 2022

The simple answer is NO!

Not without permission. If someone wants to use your image or an image of a property you own, for the sake of doing business, they must be given permission. I'll bet there was buried somewhere in your contract, where you have given the builder or the Genral...
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1 Answer | Asked in Bankruptcy and Construction Law for Texas on
Q: What will happen to the lien on Texas house after contractor filled bankruptcy Chp7? He perfected the lien before BK.

Lien is bonded and he started the lawsuit but now gone bankrupt.

Timothy Denison
Timothy Denison answered on Mar 15, 2022

You should move to avoid the lien in his bankruptcy.

1 Answer | Asked in Consumer Law, Real Estate Law and Construction Law for Texas on
Q: Can a home builder list specific address(es) with a lower price on their own website, then tell you a higher price?

Can a home builder, who has their own sales team, list specific address(es) with a low price on their own website, then list the same property on realtor.com and zillow.com with the same low price but when a buyer who wants to put a contract offer, for that specific address, in at the listed price,... Read more »

John Cucci Jr.
John Cucci Jr. answered on Feb 21, 2022

This is a contract law question. The issue is whether or not the posted price is an "offer." I believe it is, however, I would need to see the exact language of the posting to better advise you. Plus, Real Estate laws require a RE contract to be signed before the parties a bound.

1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: If I bought a home five years ago and found subpar materials were used 20 years ago can I hold anyone accountable?
John Cucci Jr.
John Cucci Jr. answered on Feb 7, 2022

Each state has its own laws regarding lawsuits based in contract and home warranty.

In Texas your problem with the quality of the house is too old to be able to sue.

However, if you had a professional home inspector review the house prior to purchase, there may be some time left to...
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1 Answer | Asked in Contracts, Workers' Compensation and Construction Law for Texas on
Q: If I work on the house I'm living in can I charge my landlord for the labour I put in

My landlord basically said If I hire someone to work on my house then he will not pay for the labor but he didn't say if I worked on the house that I couldn't charge him for labor

S. Michael Graham
S. Michael Graham answered on Jan 13, 2022

No. You would need a contract. Otherwise it would be deemed a gift. Contracts involving real estate need to be in writing. This would be a contract for services so I not too sure. Always better to have something in writing. Good Luck.

1 Answer | Asked in Bankruptcy and Construction Law for Texas on
Q: if a vendor for construction material is suing me, and I filed chapter 13 and I closed my buisness. will it take care of
Timothy Denison
Timothy Denison answered on Jan 23, 2021

Yes, if it was included as a creditor in your 13.

1 Answer | Asked in Constitutional Law, Construction Law, Domestic Violence and Education Law for Texas on
Q: Remedies for protective order falsely obtained

Protective orders used to recover property coowner

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 27, 2020

If you were served notice of an upcoming protective order hearing, and the attached application included false accusations, then you should hire an attorney to contest the issuance of the order. A protective order is a civil matter, even if the justification is an accusation of criminal behavior,... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Texas on
Q: As a recent property owner, there's a pipeline easement that was recently purchased by the developer.

They are requesting a "contribution" in a contract agreement to abandon the easement. Do I have to pay any "contribution" requested from the easement holder to abandon the easement? What are my options to terminate the easement that has not been in use for over 40 years and is no longer be needed.

Teri A. Walter
Teri A. Walter answered on Nov 24, 2020

It sounds like the developer is trying to make arrangements for an agreement to abandon the easement. If they're asking for a "contribution" that sounds like a voluntary thing, but it's not clear where the easement runs. If you are one of the property owners across which the... Read more »

1 Answer | Asked in Construction Law, Environmental and Real Estate Law for Texas on
Q: We need to sue a developer and the county permitting office but cannot afford a lawyer. What can we do?

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Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

It is unlikely that you will be able to sue the county permitting office - there's a principle called "sovereign immunity" that prevents most suits against government agencies or employees.

As to the developer, it's impossible to tell you what needs to be done without...
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1 Answer | Asked in Construction Law for Texas on
Q: What is the minimum depth for cable burial in arkansas
Tim Akpinar
Tim Akpinar answered on Nov 5, 2020

An Arkansas attorney could advise best, but your question remains open for four weeks. At this point, you could try reaching out to a Professional Engineer in Arkansas or to the Civil Engineering departments of major Arkansas electric utility companies if you are asking about electrical cable, and... 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 Employment Law and Construction Law for Texas on
Q: Good Afternoon, I am a Texas subcontractor, I recently got a letter with lienholder can you help ?

The worker who is claiming he didn't got paid, did a job prior to the job in dispute, that job had a leak issue and so caused several damages to the property, this worked had done the work after so had founds that i was going to pay however at the time of asking for proof that the repair was... Read more »

Matthew Scott Williams
Matthew Scott Williams answered on Aug 7, 2020

More information is needed; clarification of the facts would better help me analyze your case.

In general, a dispute with a subcontractor on job "A" needs to be dealt with separate and apart from a subsequent dispute with same subcontract on job "B". In general, you...
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2 Answers | Asked in Construction Law, Real Estate Law, Small Claims and Energy, Oil and Gas for Texas on
Q: I received a $1000 water bill for 2 weeks only at my vacant house

Hello, I received a $1000 water bill for 2 weeks only at my vacant house. I did not use any water because I locked the exterior water faucets and interior water shut off valves. When a city private contractor installed a smart point on the water meter, the software went wrong. Then the data... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 21, 2020

A Texas attorney could advise best, but your post remains open for two weeks. From your question, it sounds like you're under the impression this is a law firm, because you ask for representation. This is only a question and answer board. Before pouring money into exploring the possibility of... Read more »

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1 Answer | Asked in Consumer Law and Construction Law for Texas on
Q: Am I liable to to pay a subcontractor if my contractor did not pay them in full?

Brick subcontractor contacted me 5 months after his work was finished and asked me to pay him the shortage I explained I had already paid the contractor for his work and there were no more funds left. I attempted to call the contractor who won’t take my calls. Now the subcontractor filed a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

You should counter sue the contractor, usually they also have to post a bond, which you should know about under the original contract. You can also sue the bonding company.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Construction Law for Texas on
Q: The day he died, my ex-hub's GF filed a FORGED change-of-benef'ry form to steal his BAC ret $. What can I do about it?

Several months after he died, I was notified that I was still benefcy of his BAC annuities fund. Surprised he hadn't changed this in 8 years since divorce, I called the BAC Intl to confirm details. It was the assisting clerk who noticed the date on a change-of-beneficiary form was the exact... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 5, 2020

There might be both a civil and criminal case that comes out of this but I notice this question is marked for both Texas and Arkansas. The first thing you should do is figure out WHERE the forged document was USED and then re-post your question in just that one state, no matter where you are... Read more »

1 Answer | Asked in Construction Law for Texas on
Q: If a construction company broke contract by not having the house done by the completion date what can i do? Its 2

Months over and they ignore our calls and messages. These people are rude and disrespectful. We have been in contract with them since june 2018 and our house is yet to be finished ! They havent worked on the house for months plus they have made so many mistakes that we have had to pay out of pocket... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 28, 2019

This is something a Texas attorney would best advise you on, but your question remains open for three weeks. If you consulted with an attorney, they will ask for the underlying contract and other documents you have for the project, including specs, change orders, records of emails or other... Read more »

2 Answers | Asked in Contracts, Criminal Law and Construction Law for Texas on
Q: DID WORK FOR HOMEOWNER AND NOW HE DON\T WANT TO PAY
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 26, 2019

This is not a matter of criminal law. Talk to an attorney who practices civil law or research filing a small claims lawsuit in the Justice of the Peace court. There are multiple JP courts in most counties so figure out the proper court for the street address of the home where you did the work.

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1 Answer | Asked in Construction Law and Workers' Compensation for Texas on
Q: Please help Two years ago oct 6 2017 I was injured on a construction site in Oklahoma but employed with Texas company.

At the two year mark workman’s comp has stop paying per Texas law is what they said I filed for ssi an disability benefits I’m still unable to work an also untreated for my injuries I guess my question is how or why is that company not liable

It took them 8 months to send my first... Read more »

S. Michael Graham
S. Michael Graham answered on Oct 23, 2019

Workers' Compensation is an insurance plan. The employer pays an insurance company to insure its employees in case of injury. In exchange for purchasing this wc policy, the law states that employees can't sue their employer if the employer (or its employees) negligently injure another... Read more »

1 Answer | Asked in Construction Law for Texas on
Q: has fly ash been introduced as an insulative product?
Tim Akpinar
Tim Akpinar answered on Oct 19, 2019

This is not a legal question; it is a technical question. You could try contacting the R & D or engineering departments of some of the major insulation firms. Good luck

Tim Akpinar

1 Answer | Asked in Construction Law and Contracts for Texas on
Q: construct contract 180days stated on contract have passed and owners revenue is piling in the negative,what can be done?

additional verbal 30 days has also come and gone, loss of revenue on original house due to still living in it. Other contract details are not being respected. Stressed to the max, very emotional and now I have even alienated from friends and family. Loss of sleep and ambition.

Tim Akpinar
Tim Akpinar answered on Sep 29, 2019

You should think about contacting a Texas attorney to review the terms of the contract and advising you on what your next steps would be in recovering the money for your performance under the contract. An attorney could outline some of your options, ranging from a letter from a law firm to formal... Read more »

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