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Construction Law Questions & Answers
1 Answer | Asked in Construction Law and Civil Litigation for South Carolina on
Q: My concrete driveway is three years old and is crumbling and is getting holes all over it.

Do I need a lawyer or should I go to the magistrate for civil action thank you

T. Augustus Claus
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answered on Dec 14, 2023

Deciding whether to involve a lawyer or go to the magistrate for civil action regarding your crumbling concrete driveway depends on several factors. First, check if you have a written contract with the contractor and review the warranty terms. If the warranty is still valid (covering three years)... View More

2 Answers | Asked in Real Estate Law and Construction Law for Florida on
Q: The well for my newly constructed home was drilled 6" onto my neighbor's lot. Builder will not correct the issue.

Placement of well according to septic engineering should be much closer to my home and out of the easement.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 14, 2023

Buying and selling property, especially new construction, without a real estate lawyer. I know that doesn't help you now and you will need to hire a real estate litigator or a construction law litigator to review your documents related to the sale and construction to get this resolved. The... View More

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1 Answer | Asked in Business Law and Construction Law for Utah on
Q: My previous client is trying to bill me for a valve he purchased. What legal standing does this have?

I have a very small tile installation business. I am both licensed and insured. I recently completed a shower for a client who claims I cut a hole on a tile "too large" and that the valve wouldn't fit. I cut the hole to a standard valve size which also matched the one below it. He... View More

Wesley Winsor
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Wesley Winsor
answered on Dec 12, 2023

Hello,

You probably have nothing to worry about. The home-owner is likely trying to see if you will pay something. Until he gets an attorney involved, I wouldn't get too worked up abou it. Here is an anlaysis of it though:

In general, the legal standing of a client's...
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3 Answers | Asked in Construction Law and Contracts for California on
Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices.

She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement.

James L. Arrasmith
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answered on Dec 11, 2023

In California, if a client is in breach of contract by refusing to pay for services rendered, you have several legal options to consider.

First, you should send a formal demand letter to the client outlining the breach (non-payment of invoices) and the consequences if the payment is not...
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3 Answers | Asked in Construction Law and Contracts for California on
Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices.

She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement.

Treg A. Julander
Treg A. Julander
answered on Dec 11, 2023

You could first send a demand letter on attorney letterhead to see if that provokes her to make the past-due payments. If that doesn't work, you could file a lawsuit for breach of contract. If your work contributed to a work of improvement, you may be entitled to record a mechanics lien... View More

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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Florida on
Q: Roofers put lien on both houses disputing payment what attorney/lawyer do I need

The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response

Jane Kim
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answered on Dec 9, 2023

You are describing construction lien law.

The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation...
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2 Answers | Asked in Civil Rights, Constitutional Law, Construction Law and Employment Law for Texas on
Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I

I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't

John Michael Frick
John Michael Frick
answered on Dec 8, 2023

If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual.

With respect to your employer, in the absence of a written employment agreement that precludes your employer from...
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2 Answers | Asked in Civil Rights, Constitutional Law, Construction Law and Employment Law for Texas on
Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I

I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't

James L. Arrasmith
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answered on Dec 8, 2023

Your situation raises several legal concerns. Firstly, being terminated for damaging equipment you weren't operating seems unjust, especially if there's no evidence implicating you. It's important to review any employment contracts or company policies you were subject to, as they... View More

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2 Answers | Asked in Real Estate Law, Construction Law and Environmental for Maryland on
Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?

Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 8, 2023

You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract,... View More

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2 Answers | Asked in Real Estate Law, Construction Law and Environmental for Maryland on
Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?

Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

Yes, a buyer can legally purchase a home in great condition, terrible condition or anything in between. People can purchase property without a home on it at all, or with a home they intend to bulldoze.

Now most of the time a bank will not lend money to a borrower to buy a home if it is...
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1 Answer | Asked in Construction Law for Texas on
Q: Money owed on Invoices filed to Homeowners insurance and only partially paid with no denial letters

Contractor sued resident for balance before bills even 30 days late. No opportunity to Arbitrate

Anthony DiUlio
Anthony DiUlio
answered on Dec 6, 2023

While I do not practice in TX, I may be able to provide some general guidance. I am assuming this was a covered loss and that what you are asking is what you can do when a carrier doesn't pay for invoices related to repairs from that covered loss. There are two main options you have and one... View More

1 Answer | Asked in Civil Litigation and Construction Law for Florida on
Q: We anticipate this going to court. Please let us know what the best course of action would be.

We hired this particular contractor because we wanted the color of an LVP plank that we chose to be matched through stain on unfinished solid hardwood flooring, and he was confident that he could do that for us. He advised us to buy red oak wood and assured us that he would be able to match the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your case, where the contractor did not fulfill the agreed-upon terms regarding the flooring installation and staining, you have a few options to consider. First, document everything related to the contract: your initial agreement, any communications about the color matching, and the issues with... View More

1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: Foundation company says after 3 months they won’t honor warranty due to not watering

Foundation was done 4 months ago, due to not watering regularly they are saying they will not fix. They told me they need to add 10 piers and adjust everything they did and want to charge me 6k. What can I do here?

John Michael Frick
John Michael Frick
answered on Dec 4, 2023

The warranties provided by many foundation repair companies specifically address drainage, foliage, and moisture issues that can profoundly affect the performance of any building foundation.

If your warranty requires you as the homeowner to properly water the soil around your foundation,...
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3 Answers | Asked in Personal Injury, Construction Law, Wrongful Death and Municipal Law for California on
Q: How to file a lawsuit against the county
James L. Arrasmith
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answered on Dec 3, 2023

Filing a lawsuit against a county in California requires several specific steps. First, you need to determine the legal basis for your lawsuit. This involves identifying the specific actions or inactions by the county that you believe have harmed you and how they violated the law or your rights.... View More

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1 Answer | Asked in Construction Law and Consumer Law for Texas on
Q: I had a foundation company do work about 3 months ago. They are not honoring warranty.

They did work, said because of the summer drought and not watering the foundation has jumps in the floor now and it’s needs adjustments and 10 more piers. What do I do?

James L. Arrasmith
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answered on Dec 2, 2023

In your situation, the first step is to thoroughly review the warranty provided by the foundation company. Understand the terms and conditions, especially those related to drought conditions and the requirement for additional piers.

If you believe the company is not honoring their warranty...
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1 Answer | Asked in Civil Litigation, Construction Law and Small Claims for California on
Q: Hello, Can an individual sue CA Registrar of Contractors up to $10,000 when Building Contractor violates law?

On both Riverside and San Bernardino Counties Court websites, in the Small Claims information section, there’s a notation in small print stating you can sue the Registrar of Contractors up to $10,000 — What To Do When Your Contractor Won’t Pay (Plaintiff’s Small Claims Judgment against... View More

James L. Arrasmith
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answered on Nov 29, 2023

In California, suing the Registrar of Contractors (ROC) directly in a small claims court for a violation by a building contractor is not a typical course of action. The ROC is a regulatory body, and their role is to license and oversee contractors, not to act as a party in contractual disputes... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: home builder refuses to fix foundation, lawyer said I’m outside of statute of limitations to sue (4 years), what do i do

Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims... View More

John Michael Frick
John Michael Frick
answered on Nov 27, 2023

It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of... View More

1 Answer | Asked in Construction Law and Landlord - Tenant for California on
Q: Who is liable for property damages?

In California, an apartment complex hired an outside contractor to paint the fence. The hired contractor negligently sprayed the fence without covering any cars along the fence. My truck is covered in paint overspray. The landlord is pointing fingers at the contractor to be liable, and the... View More

James L. Arrasmith
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answered on Nov 22, 2023

Under California law, the primary responsibility for damages caused by negligence typically falls on the party who directly caused the damage, in this case, the contractor. Given that the contractor admits to the negligence leading to the paint overspray on your truck, they would be the first party... View More

2 Answers | Asked in Contracts and Construction Law for California on
Q: If you enter in to a lump sum contractor with a HUD or RD rider that limits the GC profit to 14%, but are making more.

The lump sum was based on unit price, can you ask for back up such as sub contract for the GC?

James L. Arrasmith
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answered on Nov 18, 2023

Under California law, if you have entered into a lump sum contract with a HUD or RD rider limiting the general contractor's (GC) profit to 14%, but suspect they are making more, you have certain rights to review documentation. The lump sum based on unit price should have clear, itemized... View More

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1 Answer | Asked in Construction Law and Gov & Administrative Law for Georgia on
Q: Hello, does § 43-14-8 (2022), H-J mean hvac contractor needs to list the company name they work for on license?
James L. Arrasmith
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answered on Nov 17, 2023

Under Georgia law, specifically § 43-14-8, HVAC contractors are subject to certain licensing requirements. While this statute outlines the general requirements and standards for HVAC contractors, it does not explicitly state that contractors must list the company name they work for on their... View More

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