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Texas Construction Law Questions & Answers
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.

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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 »

1 Answer | Asked in Land Use & Zoning and Construction Law for Texas on
Q: When a company is hired to build something attached to a house, who is responsible for pulling the building permit?

We had a company build a patio cover on our existing slab. They never pulled a building permit or mentioned it to us and are now not willing to do anything about the fact that the slab did not meet building thickness nor is our yard even zoned for this kind of construction. They are saying it was... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jun 12, 2019

It should have been stated in the agreement for services; otherwise, the homeowner is responsible unless it requires a licensed contractor. Please copy and past the link below for more information.

https://www.sanantonio.gov/DSD/Constructing/Residential#145101219-zoning

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Construction Law for Texas on
Q: If you haven't been sued can you be made to answer personal questions in regards to another lawsuit that your fiance own

My partner is a builder and has been sued and the opposing counsel is asking about my involvement and asking me to give up personal information about myself. Example my bank account information and if i have opened new bank accounts.. is this legal

Matthew Valley
Matthew Valley answered on Apr 18, 2019

Is it legal for an attorney to ask you to provide access to your personal financial information? Probably yes. If you asking whether you legally have to provide him with that information, it depends. During a civil lawsuit, Texas law permits parties to pursue information from third parties that... Read more »

2 Answers | Asked in Contracts, Products Liability, Business Law and Construction Law for Texas on
Q: Subcontractor nonpayment on "bad job" no contract. Phone records, text & email.

I recently worked as a subcontractor, staining a concrete floor that was covered in mortar, paint, glue, and holes & the house was being fixed from hurricane Harvey flooding. We had only communicated with the contractor & have recordings of us telling them how the patching wasn't... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2019

AVVO is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law, Construction Law and Land Use & Zoning for Texas on
Q: I'm looking to purchase land to build/improve a self sustaining home, but am unfamiliar with Texas property laws.

The home is planned to be 100% self sustainable, using solar panels to provide electricity, reserves to collect and filter water, etc. Is this endeavor legally possible, and if so, is there anything I need to be concerned about?

A location was required to post this inquiry, but the site... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 25, 2019

I am not real estate lawyer.

3 Answers | Asked in Criminal Law, Constitutional Law and Construction Law for Texas on
Q: What is the law regaurding witness testimony when the witness admitts to being on and using drugs?
Gary Kollin
Gary Kollin answered on Feb 12, 2019

It will be one of the factors the jury will considered when evaluating the credibility of the witness’ testimony

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2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Construction Law for Texas on
Q: What type of lawyer would I need for someone that was paid $4k cash for a job that has yet to be done and nothing to sho

Show for? He states he’s going to pay the money back but he has a history of doing this. We didn’t know it till now but this is the 4th time of taking ones money it looks like and not coming forth with the job and or product.

Gary Kollin
Gary Kollin answered on Jun 4, 2018

Since you are intentionally vague as to the nature of the job, I cannot answer your question. However, I also suggested to report it to the authorities if he has a history of doing this

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1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for Texas on
Q: What is the process for getting money back from a roofing contractor for services not performed?

Deposit paid; no services provided; calls and text messages have not been returned and original contract date was Oct. 9th so it has been over a month. Reviews on Angie's List were good and local neighborhood website was good so we did get reviews.

Jack Ternan
Jack Ternan answered on Nov 17, 2017

It is difficult to answer this question without additional information. You should contact an attorney. It is generally difficult to recover funds from a contractor, but sometimes a civil suit can be fruitful.

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