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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
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
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
During construction of the roof, there was a rainstorm. The worker was instructed to lay tarps on the roof before departing to protect the unfinished roof from damage. He failed to due so, and I had leaks coming into the house. The foreman of the job came during the rainstorm to patch the leaks and... View More
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answered on Apr 11, 2024
Based on the information you provided, it seems that the leak in your roof may be due to the improper installation and the failure of the worker to protect the unfinished roof during construction in 2012. In California, the statute of limitations for construction defects is typically 10 years from... View More
In the state of Florida, what is the maximum late payment interest charges a contractor can charge a client for not paying on time? On top of the interest charges can a contractor add a fixed late payment monthly fee? Example 2% late payment fee penalty plus $100.00 per month
answered on Apr 8, 2024
Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides that no combination of... View More
a property a purchased by a in 1970, sold by a to his sons b and c in 1980.the legal heirs of b filed suit for partition in 2012. legal heirs of c claims that b sold the property to c via agreement. suit for partition running evidenced done and for rebuttal now in 2016 legal heirs of c comes with... View More
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answered on Apr 2, 2024
Based on the information provided, it seems the legal heirs of C are attempting to introduce a new claim via counterclaim in 2016, asserting that B had sold his share of the property to C via an agreement, after the partition suit was filed by B's legal heirs in 2012.
The... View More
WE have an insurance claim and our contractor's estimate is far off from the adjuster's, and what the insurance company is willing to pay. The contract states that if it is cancelled 3 days from execution then we owe %1500.00. In this instance. What does "execution" mean?... View More
answered on Apr 1, 2024
A Georgia attorney could advise best, but your question remains open for a week. The term execution usually means to complete the formation of the contract by having necessary parties sign. But the term is also used loosely, so that some may argue that it involves carrying out the obligations. It... View More
It's been going on for nearly 2 years now. Theres always dust in my apt, i cant ooen the windows etc. BUT Since the holidays they have been starting Construction at 5am a few times per week. Other tenants here have called the police but it still happens. I have videos and photos of the... View More
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answered on Mar 31, 2024
I understand your frustration with the ongoing construction and the negative impact it's having on your quality of life in your apartment. The early morning noise, dust, and inability to open windows are all valid concerns. Here are a few steps you can consider taking:
1. Review your... View More
What form do I use to file a "Plaintiff's Complaint in Circuit Court" after my Small Claim filing is switched to Regular Civil Docket of Circuit Court? And is there anyone available and willing to help me stop more tenants from getting sick or losing $1000's in personal property... View More
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answered on Mar 31, 2024
I'm sorry to hear about your situation with the toxic living environment. To answer your questions:
The specific form to file a Plaintiff's Complaint in Circuit Court will depend on your state and county. Many states have standard complaint forms available on the court's... View More
I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?
answered on Mar 30, 2024
A Tennessee attorney could advise best, but your question remains open for three weeks. Attorneys here aren't likely to know this off the top of their heads. It might be more reliable to check with the purchasing/procurement department manager of the county - it could depend on how they wrote... View More
I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?
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answered on Apr 8, 2024
If you are only selling them the device, that should not expose you to Tennessee contractor laws. But if you are performing any work, or paying someone else to perform the work for the installation you probably are subject to the contractor statutes. This question is pretty complicated and will be... View More
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