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Construction Law Questions & Answers
1 Answer | Asked in Construction Law and Contracts for Florida on
Q: I have a contract with a pool company he is half way through and informed up he can’t move forward without a permit

He informed us he isn’t registered in our country to get a permit. The pool was to be completed 6-8 weeks it’s now week 9. What can I do to push him forward?

Charles M.  Baron
Charles M. Baron answered on Jul 3, 2021

See if you, rather than him, can apply for the permit. If your county/city requires the professional to apply for it, and he has no ability to apply, he should never have contracted with you to begin with. Discuss that issue with him and determine if you can reach some amicable resolution, such... Read more »

1 Answer | Asked in Workers' Compensation and Construction Law for Alabama on
Q: Should I sue for workmanship comp settlement.

I was doing commercial construcvetion and a scaffold that wasnt put together correctly, by someone else collapsed while I was on it. I had to have a plate put in my clavicle, and had problems walking for months because of my sciatic nerve, had to rehab for it. They paid my weekly payment until I... Read more »

Jeffrey G. Blackwell
Jeffrey G. Blackwell answered on Jun 25, 2021

Thanks for the question. You actually may have two possible cases. You certainly have a workers compensation case. You also may have what is commonly called a third-party case against the company that installed the scaffolding. In Alabama, you typically cannot sue your own employer or co-workers... Read more »

1 Answer | Asked in Construction Law and Contracts for Kentucky on
Q: Can we cancel a contract if the fulfillment of the contract is taking too long?

The contract we signed was for pouring our concrete patio. We paid 50% down per the contract. The contract was to begin April 5. It has taken 2 1/2 months and we still don’t have our con Crete. The contract we signed has a termination clause and this clause says that the contract can only be... Read more »

Timothy Denison
Timothy Denison answered on Jun 18, 2021

Depends solely on the terms of your contract. You should probably have a lawyer examine it for you.

1 Answer | Asked in Car Accidents and Construction Law for Nebraska on
Q: Is it legal for construction companies to re-surface a gravel road and not place warning signs?

I was driving at around 40 mph to my girlfriend's house on a gravel road, and we came up a hill and there was a long row of gravel piled up in the middle of the road. This is a major arterial road, and there were no warning signs, so as a result, it destroyed my scrape guard underneath my car,... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 15, 2021

A Nebraska attorney could advise best, but your post remains open for two weeks. In many places, it could depend on the road and the amount of traffic it gets. Good practices would have involved cordoning off the gravel and putting up signs, just as you mention, so that it wouldn't be a hazard... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: Under what circumstances can I successfully sue for my deposit back from a contractor who "tried" but failed to perform?

A contractor I hired to fix my leaking roof took half down from me but the roof still leaks. He warranted the work for 20 years although the project isn't "done", but at this point I am not sure he is competent to fix it. To fix it he will have to basically start over, and I think... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 15, 2021

If the roof leaks, then the job has not been done properly or is not complete. Talk to the contractor about it. If you intend to terminate him for breach of contract and sue him, you have to give him notice. Even if you succeed in court and get a judgment against him, it might be difficult to... Read more »

1 Answer | Asked in Contracts and Construction Law for Missouri on
Q: If a judge grants a motion to compel discovery and the question is only partially answered, what recourse do I have?

An important part of my case is to prove the inexperience of workers. The discovery question asked for names, addresses, and phone numbers of suppliers and workers for the project. After refusal to answer, a motion to compel the answer to the question was granted. An answer was received, but... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 7, 2021

You could file a motion for sanctions for failure to comply with the judge’s order. First, contact opposing counsel and request a full answer. If necessary, consider getting the information through a deposition.

1 Answer | Asked in Construction Law for New Jersey on
Q: If a contractor took my money but has not delivered or installed product, is there anything I can do?
Leonard R. Boyer
Leonard R. Boyer answered on May 30, 2021

Yes, there is a great deal you can do, by retaining an experienced civil litigation attorney. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home... Read more »

1 Answer | Asked in Civil Litigation and Construction Law for New York on
Q: Can I take a contractor to court to recover damages that were made even though the contract states they are not ?

I had concrete work done. There was plenty of clearance to the area. They went around an area not even in the scope of the job with heavy equipment. They never did anything to protect that area until the next day when they laid boards down. This ended up costing me more money for dirt and grass... Read more »

Michael David Siegel
Michael David Siegel answered on May 25, 2021

Sure, if you have the proof from an estimate from someone else to fix the damages.

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: I have paid a contractor 14000.00 to put up a vinyl fence. They did not cement the pillars in the ground and my fence

Is not stable. Plus it's not straight and the gate does not lock cause the hasp and locking piece dont line up. Tried to get him back to look at it and he never shows

Bruce Martin Broyles
Bruce Martin Broyles answered on May 20, 2021

When the contract was written did the contractor give you a written notice of your right to cancel the contract within 3 days. If the contractor does not have a storefront or a building where you can view his work, then he is subject to the Home Solicitation Sales Act. Without a three day notice,... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Michigan on
Q: Is it legal for real estate selling company to require purchase merchandise credit for store where outlot is located?

purchasing an outlot piece of land and they are tying theland purchase to the requirement to purchase a merch credit of 15% of the sale price at closing-- we would never purchase that much of material from them-- seems very shady

Kenneth V Zichi
Kenneth V Zichi answered on May 19, 2021

I’m not sure exactly what they are requesting, but they can ask anything that is not illegal.

You don’t have to agree to the terms requested though.

However — and I can’t emphasize this enough — before you sign an offer to purchase you absolutely should have it reviewed...
Read more »

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for New York on
Q: I need advice on pursuing a breach of contract by a modular home contractor.

In August 2018 I signed a contract for production of a modular home. The contractor required 10% down to obtain the design and guarantee cost of home. Over the past 3 years we have dealt with multiple issue. I have come to find out that the delays were mostly lies on the part of the contractor.... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on May 19, 2021

Greetings. It appears you are unhappy with the progress of your modular home construction. In New York, disputes between modular home vendors and buyers are governed by their written agreement. The agreement will have provisions concerning performance, time, and, often, disputes, which may have... Read more »

1 Answer | Asked in Car Accidents, Construction Law and Gov & Administrative Law for Georgia on
Q: If a construction company had a bucket above barrels in my lane an the bucket hit my mirror who's at fault

The officer's report said I misjudged distance but a vehicle was next to me an was as close over as I could get I never hit the barrel's so what's to misjudge the lane should have been closed if to narrow to pass

Tim Akpinar
Tim Akpinar answered on May 6, 2021

A Georgia attorney could advise best, but your post remains open for four weeks. It could be a situation where fault is seen by a court on both sides. A Georgia attorney might be able to offer deeper insight in terms of the construction site and its practices in stacking barrels and buckets in that... Read more »

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: How do I get my pool finished with no contract permits pulled by company now they won't return calls. Started not finish

I was working for pool company Cool Pools for 3 years was friends with owner for 12 years started a pool and enclosure build with him. Pool got finished mostly but now he won't do the enclosure and has been ignoring my calls for months without a response. I lost my job with with them after... Read more »

Linda Liang
Linda Liang answered on May 3, 2021

You can hire another company to finish the work and sue them in small claim court

1 Answer | Asked in Car Accidents and Construction Law for Ohio on
Q: Who is at fault for ice buildup due to clogged downspout that subsequently fell 30 feet onto a car?

Car owner parked in a parking lot next to a building. The 30 foot tall downspout had ice accumulation due to the fact it was clogged and did not allow proper water drainage. While away, a large section of ice sheared away from the downspout hitting the car and causing major damage. Ice was large... Read more »

Tim Akpinar
Tim Akpinar answered on May 2, 2021

An Ohio attorney could advise best, but your post remains open for three weeks. It could depend on a number of factors, including condition/maintenance of the waterspout, conditions for use of the lot, warning signs or disclaimers, and other possible factors. An Ohio attorney could offer better... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for Colorado on
Q: If a vendor/contractor damaged my property, can I claim against the person who hired the vendor?

I'm a commercial tenant in a mall struggling to open a small business in the midst of this pandemic. A neighboring shop owner in the mall hired or asked a vendor/contractor to remove some equipment from her shop and he took a piece of my equipment valued at $1,300. When he returned it, it was... Read more »

Donald C Eby
Donald C Eby answered on Apr 25, 2021

You should file that small claims action to force this to a conclusion more quickly.

1 Answer | Asked in Civil Litigation and Construction Law for California on
Q: hello.on 11/20/2020 my husband contracted with a company to install chair lift in our home. at the time measurements

were taken and a 2k deposit given. the owner told my husband that the parts would not be at their warehouse until end of jan or first couple weeks in feb. my husband subsequently became deceased on 12/10 .i phoned and advised the owner of my husband's death and that i wished to cancel his... Read more »

James A. Greer
James A. Greer answered on Apr 25, 2021

Chairlift Cancellation: We always first start with analyzing the contract language, and so in this instance would be interested in examining any sort of "cancellation" provisions. If none, then we would need to look to case law, and the focus is on "impossibility to perform"... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: Can a lender refuse to do an inspection because current month's payment is delinquent? Lender says loan is in default.

According to contract terms, if payment is made after the 15th, a 10% penalty is due with payment. All (7) payments have been made and accepted. Lender/Inspector stated on "April 19th" he will not inspect the project to fund the draw because the loan is in default. There is a 15 day... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 20, 2021

Go back to the signed loan agreement. You may find language that spells out that a certain number of delinquent payments will result in a default status. Another phrase to watch for is one which allows the Lender to call the loan in default whenever the Lender "... in good faith deems itself... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Construction Law on
Q: Can the city build a new road on my property without notifying me?
Anthony M. Avery
Anthony M. Avery answered on Apr 19, 2021

Hire a competent attorney to conduct a title search. That may tell of the City's right of way rights. A survey may be needed also. Eminent Domain is always a possibility, but usually condemnation occurs prior to construction and usage. You may have a suit for damages, but SOL's run... Read more »

1 Answer | Asked in Construction Law and Contracts for Florida on
Q: just signed a pool contract & gave 5k deposit nothing has gone to permit yet company revoked by bbb can i request refund

last night april 15 , 2021 i saw the news is investigating this pool company olympus pools for many complaints and unfinished projects. since we are not all the way in financially a down payment given on credit card for 5,000/ can i back out with the reason extremely leery, worried that they will... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 17, 2021

Request a performance bond.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Illinois on
Q: Unlicensed roof subcontractor, hidden from homeowner, did incomplete and unsatisfactory work, is homeowner breaching

contractual agreement if holding out on payment until compensated

for incompetent, incomplete work?

Frederick A. Lurie
Frederick A. Lurie answered on Apr 14, 2021

I am not sure what your question is but under Illinois law, it is unlawful to do any roofing work without a license under the Roofing Industry Licensing Act.

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