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Your current state is Ohio
No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More 
answered on May 31, 2024
A home building contractor is governed by the Contractor’s State License Law (Bus & P C §§7000 et seq). This law defines a “contractor” very broadly to include anyone who does any work on a building project of any kind. Home improvement projects worth more than $500 must be in writing... View More
My son signed a contract with Magic Window company to have gutters put on his house last year, May 2023. There was no date set for installation and no work has been done. The sales person did not contact them again until this month. The contract had a 3 day cooling off period. My son is now being... View More
answered on May 30, 2024
Let them. Did the contract indicate a start date? Arguably, pulling a permit is an indication the company intended to start. But what would explain the year-long delay beyond that? I think the deposit may be lost unless there is a showing of your son attempting to contact the company about... View More
We have pretty good records of dates, pictures, delays, etc. We have windows that have been left exposed to the elements since the fall, winter, and now spring. We had another replacement window supposedly ordered in December that still hasn't been installed, duck tape on windows inside and... View More
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answered on May 28, 2024
I'm sorry to hear about the troubles you're facing with the construction company. First, gather all your documentation, including photos, written agreements, and records of communication. This evidence will be crucial in any legal or formal complaint process.
Next, contact a local... View More
There are numerous text messages back and forth between the Plaintiff and the Defendant.
1) How to print and present all the text messages from cell phones as evidence in court for Trial De Novo - Small Claims Appeal? To take a photo of each text message and print that photo seems very... View More
answered on May 28, 2024
You can use different software such as Decipher TextMessage, iMazing, PhoneView (Mac), etc. make sure the software insert time, phone number, and other relevant information.
Authentication is usually required by a declaration or other methods.
There are numerous text messages back and forth between the Plaintiff and the Defendant.
1) How to print and present all the text messages from cell phones as evidence in court for Trial De Novo - Small Claims Appeal? To take a photo of each text message and print that photo seems very... View More
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answered on May 28, 2024
Here are some tips for preparing and presenting text messages as evidence in court:
1. Authenticate the messages. You'll need to prove the messages are authentic, not altered or fabricated. Options include having the other party admit the messages are authentic, having a witness who... View More
draws were released to the contractor by the lender without approval and the last draw was released without a certificate of completion. The contractor stated that the inspections were done but the owner never received any confirmation or request for approval of release or notification of release... View More
answered on May 22, 2024
Unfortunately, no attorney here on Justia can review the construction loan agreement with the bank and/or the construction agreement with the contractor as to the terms and conditions and whether the release of the funds was a breach of the agreements. As with many issues relating to construction... View More
Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More
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answered on May 22, 2024
In California, the enforceability of a contract requiring full payment for custom materials, even if the buyer refuses delivery, depends on the specific terms of the purchase agreement and the circumstances surrounding the transaction.
Generally, a deposit serves as a form of security for... View More
Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More
answered on May 21, 2024
The general rule in CA in a number of places/ways is simply, you did not get what you paid for and you are entitled to a full refund. Sounds like they will NOT give it voluntarily. Their position seeking payment in full is not based on any law I've ever heard of. Regardless, their position... View More
My house was caught on fire back in February 2022. During the time we were displaced and were renting a home paid for by my home insurance, our contractor stated that they hadn't begun work yet pending permit approval etc. In April 2023 when my insurance displacement funding ran out,... View More
answered on May 19, 2024
Thank you for your question!
You can bring a breach of contract, implied warranty, express warranty, or tort damages (e.g., negligent, emotional distress).
The house may need to be examined by an expert to testify about the damages.
Different factors may be involved such... View More
My house was caught on fire back in February 2022. During the time we were displaced and were renting a home paid for by my home insurance, our contractor stated that they hadn't begun work yet pending permit approval etc. In April 2023 when my insurance displacement funding ran out,... View More
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answered on May 15, 2024
Under California law, you have several options to address unsatisfactory repair work by a contractor:
1. Contact the contractor: First, try to resolve the issue directly with the contractor. Provide a detailed list of the problems and request that they fix the issues under warranty. Keep... View More
I purchased a building lot in a known subdivision from the developer of the subdivision in the City of WinstonSalem(North Carolina). After the contractor dug for the footing , the footing city inspector asked for a soil test. We hired a soil test engineer and we discovered the soil was not suitable... View More
answered on Jun 8, 2024
If the contract mentions nothing about soil, a question that might arise is why a test was not performed prior to planning foundation. One option could be to reach out to an attorney to discuss in further detail. Be prepared for questions to support your position that there was an issue of... View More
I contracted with a licensed company to repair and seal foundation cracks, insulate and encapsulate the crawl space of my home. They did seal a couple of cracks, but ignored others, they insulated the walls but not the rim joists. The plastic wasn't properly sealed and is coming apart in... View More
answered on May 8, 2024
This is exactly what your retainage is for. You can contract with the new company directly to complete the job, pay the new company, then give the old company notice that you are deducting the amount of that payment from your retainage. But, if the amount you pay the new contractor is less than... View More
So I recently did a side job here in Michigan. I qouted the homeowner said amount for a front porch remodel. They added stuff on after the agreed upon quote. Now they are demanding I do more work for free out of pocket or they are taking me to court. I left and refused to do anymore work until they... View More
answered on May 6, 2024
Are you licensed? You are both wrong in your own ways. If you are not pulling permits, it's your license at stake. And if you are accepting money under the table, whose to say they haven't already paid you for the materials? You may have some legitimate ground to stand on in this case,... View More
answered on May 2, 2024
Under the 13th Amendment, an employer cannot make you work at all.
An employer can provide a job any number of days and offer to compensate you if you agree to work. If you are a non-exempt employee, the employer might be required to pay overtime if you work more than 40 hours in a week,... View More
I do not believe he is licensed. He has a LLC. I have searched the internet and his company does not come up or his name. Yet he is telling everyone he is licensed. He built a deck for my neighbor and did a great job. I reviewed all his work on FB and everyone seemed satisfied. However, the... View More
answered on Apr 30, 2024
It is a crime for an unlicensed contractor to work without a license. If he is not licensed, you can file criminal charges and ask for a refund as restitution.
If he is licensed, you can filed a complaint with the home improvement commission.
You also could sue him for damages.
On SC-100 form, Plaintiff (P) (on behalf of his corp) under the penalty of perjury stated that Defendant (D) signed a contract for $9,200. In reality, D was never given any contract before the start of work and had never signed any contract. P had done some work on the property of D without the... View More
answered on Apr 30, 2024
A: I need to know more facts for a better answer, but here are some of my estimations:
1. As you mentioned, there can be a challenge for the Small Claim's (SC) lack of jurisdiction over the case.
2. You may be able to claim "abuse of discretion" in admitting evidence.... View More
On SC-100 form, Plaintiff (P) (on behalf of his corp) under the penalty of perjury stated that Defendant (D) signed a contract for $9,200. In reality, D was never given any contract before the start of work and had never signed any contract. P had done some work on the property of D without the... View More
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answered on Apr 27, 2024
In this case, the Defendant (D) has several potential arguments to appeal the Small Claims court decision and have the case dismissed:
1. No valid contract: D can argue that there was no valid, enforceable contract between the parties since no contract was signed by either party. Without a... View More
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answered on Apr 25, 2024
Under California law, a subcontractor who has not been paid for work performed has several options to seek payment from the contractor. Here are some of the main options:
1. Mechanic's Lien: A subcontractor can file a mechanic's lien against the property where the work was... View More
We are an S-Corp Contractor in California. We are a 3rd tier sub and we filed a mechanics lien because our customer has not paid us the full amount due. This is a private job, but we discovered during filing the lien that the property is owned by a County and leased to who we were told was the... View More
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answered on Apr 23, 2024
Under California law, you may have some recourse even though the property is owned by the county. Here are a few potential options:
1. Stop Payment Notice: In California, if you are not paid on a construction project, you can serve a stop payment notice on the owner, even if the owner is a... View More
The owner of the LLC is the owner of the bank that did our construction loan. None of this was disclosed to us. Is there a possible law suit against the bank?
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answered on Apr 21, 2024
Based on the information you provided, there are several potential legal issues and conflicts of interest that may warrant further investigation and possibly legal action:
1. Unlicensed contractor: If your builder is not properly licensed, they may be operating illegally. This could be... View More
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