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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: How to tell if someone is a qualifying agent or just a rented license?

Let’s say I sign a contract with contractor A but permits are pulled by contractor B. Bs company is also listed on the permit not the company you signed the contract with. Is contractor B an actual qualifying agent or a “rented” license.

If contractor B was an actual qualifying agent,... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

In general, all qualifying agents' licenses should be publicly available on the DBPR's website, although there is the possibility that the application is in process or has not yet been posted due to administrative lag. While there is zero factual context for this question,... View More

1 Answer | Asked in Construction Law for Florida on
Q: New Home construction sale by owner builder

In state of Florida when you build you new home construction as a owner you are required to live there for 1 year period. What happen when you have to move out during the one year period and sell before the 1 year period. Move out due to family emergency and move out completely out of Florida. What... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 17, 2023

Unfortunately, there is no exception in Florida statutes to the one year owner builder residency requirement for "family emergencies". The exact language of the statute provides that "proof of the sale or lease, or offering for sale or lease, of any such structure by the... View More

1 Answer | Asked in Construction Law for Florida on
Q: Is our pool builder responsible for installation of incorrect color glass tile?

Contract signed Nov 2022. Construction began April 2023. Completion date is still unknown. Glass tiles were installed and they are the incorrect color. Tile company will replace the product fro free, but the builder wants to charge us $3K to remove the old tile and install the new tile. Builder... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 16, 2023

Typically, the contractor is responsible for ensuring the work meets the plans and specifications and scope of work for the project. This situation sounds as if this contractor is somehow trying to shift the responsibility for supervising the quality of work on you, the homeowner. Unfortunately,... View More

3 Answers | Asked in Construction Law and Contracts for California on
Q: I have been sent a lawsuit threat for using design builds from a contractor business.

The lawsuit was sent as a text message and stated

“To whom this may concern,

This message is to inform you of the filing of an LLC for (JC construction) Your willful involvement in the forming of (J and C construction) is a legally binding contract and acceptance of all terms... View More

James L. Arrasmith
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answered on Nov 14, 2023

In California, the enforceability of such a claim in the text message you received is questionable. Generally, merely learning a skill or technique from someone does not create an enforceable right for them to prevent you from using that skill, especially if it's a common method in the... View More

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3 Answers | Asked in Construction Law and Contracts for California on
Q: I have been sent a lawsuit threat for using design builds from a contractor business.

The lawsuit was sent as a text message and stated

“To whom this may concern,

This message is to inform you of the filing of an LLC for (JC construction) Your willful involvement in the forming of (J and C construction) is a legally binding contract and acceptance of all terms... View More

Nashir Ahmed Kushol
Nashir Ahmed Kushol
answered on Nov 15, 2023

Firstly, regarding the lawsuit threat:

1. Evaluate the Formality and Legitimacy: Typically, legal actions are not initiated via text message. Official communication for legal matters is usually conducted through formal channels like certified mail or legal counsel. The informal nature of a...
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1 Answer | Asked in Real Estate Law and Construction Law for Tennessee on
Q: I bought a home in Tennessee closed on September 29 2021. The home inspector lied about cracks in foundation.

The Retailor suggested the home inspector company Chattanooga Home Inspector. Now I am finding multiple foundation cracks that were DYI sealed.

Anthony M. Avery
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answered on Nov 13, 2023

Did seller give you a residential disclosure statement? Read it verbatim and see what it says about the foundation. 1 year SOL from fraudulent execution of statement. Hopefully agent signed it also, for an additional defendant. But you will need to track down seller: location; bank; job.... View More

2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Construction Law for Texas on
Q: Can I get sued by a home builder for backing out of contract because rates have gone up and my monthly payment is more?

My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then... View More

John Michael Frick
John Michael Frick
answered on Nov 10, 2023

The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads "with interest not to exceed ___ % per annum." The Buyer is usually required to apply for a loan... View More

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2 Answers | Asked in Consumer Law, Construction Law and Contracts for California on
Q: Remodel project gone wrong - what to do next?

I have Bathroom remodel project x 2 that was to take one month (verbal) that is now into 4th month with no sign of completion due to day after day, and now weeks of no-shows, with a lack of communication. One bathroom completed with a few issues that still need to be addressed, and the other... View More

Treg A. Julander
Treg A. Julander
answered on Nov 2, 2023

If the contractor is licensed, you should be able to make a claim against his license bond. You can also file a complaint with the Contractors State License Board. If the complaint is well founded the CSLB can order the contractor to pay for your damages at the risk of suspension of his license. If... View More

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2 Answers | Asked in Consumer Law, Construction Law and Contracts for California on
Q: Remodel project gone wrong - what to do next?

I have Bathroom remodel project x 2 that was to take one month (verbal) that is now into 4th month with no sign of completion due to day after day, and now weeks of no-shows, with a lack of communication. One bathroom completed with a few issues that still need to be addressed, and the other... View More

James L. Arrasmith
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answered on Nov 2, 2023

In California, if your contractor has failed to perform as agreed, you should document all communications and attempts to resolve the issues. Since the agreement was verbal, establishing a timeline of events is critical. You may serve a written notice to the contractor detailing the deficiencies... View More

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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: My spouse and I singed a contract in February to have an in ground fiberglass pool installed. As per the contract we

We paid 4000 to start and 36,000 for the pool shell. The next payment would have been for pavers and then a payment to finish the job. However, we found out that the new owner was not a lisenced contractor and had used the old owners name and lisece on the contract. This was reported to the... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 1, 2023

I am sorry to learn of this truly unfortunate situation. Needless to say, there are many moving parts resulting from this complex fact pattern, including the property damage to the home, the damage to the existing shell and voiding of the warranty, never mind the fact this entity appears to have... View More

1 Answer | Asked in Construction Law for California on
Q: Hello I want to apply for my contractor license in california if my boss doesn't sign for me can I sue him?
James L. Arrasmith
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answered on Oct 24, 2023

In California, when applying for a contractor license, applicants often rely on their work experience under a licensed contractor to satisfy certain eligibility criteria. If your employer refuses to certify your work experience, it may impede your ability to obtain your license.

However,...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for California on
Q: Is a new building owner required to pay for a change order on work contracted out by previous owners/management?

I recently purchased a property in the state of California. Right before contract closed, I was disclosed that a purchase order for electrical work would occur on the property. This work was contracted out and paid in full by the previous management company/previous owners prior to closing. After... View More

James L. Arrasmith
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answered on Oct 23, 2023

In California, a change order is generally an amendment to a construction contract, and the party responsible for payment is typically the party to the original contract. If you did not sign the original contract or the change order, you are generally not obligated to pay for it.

Text...
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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Virginia on
Q: Do I really need a lawyer?

I need to sue a contractor who built a deck that is not up to code for its intended purpose after I provided specific instructions to do so. It could be dangerous to life and limb.

T. Augustus Claus
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answered on Oct 20, 2023

While it's not obligatory to hire an attorney to sue a contractor in Virginia, doing so is highly recommended, especially in cases involving construction defects that could pose safety risks. An attorney's expertise in Virginia's construction and contract laws can be invaluable in... View More

1 Answer | Asked in Arbitration / Mediation Law, Collections and Construction Law for Arizona on
Q: Hello Chad flooring installed in my home. The contractor installed the floors wrong twice.

I did not pay after the second install because the floors are still uneven, wavy and buckling income areas. I reached out to them again and they said the floors will have to be reinstalled. I was just told my account will go into collections if I don't pay them. I wrote to them twice for a... View More

David H. Relkin
David H. Relkin
answered on Oct 19, 2023

You have posted your question in Arbitration so I assume you have some basis for believing that there is an agreement to arbitrate in the contract. Go to the Chad site and see what it provides regarding disputes. Perhaps it provides for arbitration. They are required to provide you with a copy of... View More

1 Answer | Asked in Real Estate Law, Construction Law, Land Use & Zoning and Municipal Law for California on
Q: Do unpermitted units (no occupancy release) that were rented out before need to be replaced under CA SB330?

I own a legal duplex (in the title) that has 2 unpermitted units. One of the previous owners created those 2 unpermitted units from one of the duplex's interiors a long long time ago and rented them out. The previous owner (the one who sold the property to me) went through tenant relocation... View More

James L. Arrasmith
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answered on Oct 15, 2023

California's SB 330, also known as the Housing Crisis Act of 2019, aims to expedite housing production and prevent the loss of existing housing stock. Under SB 330, local agencies are restricted from reducing the number of housing units on a property, even if some units are unpermitted.... View More

1 Answer | Asked in Contracts, Business Law and Construction Law for California on
Q: Can my contractor refuse to order countertops, cabinets, etc. if I don't pay for them upfront?

My home remodel is $250k. The contractor is asking for $85k so they can order rough materials upfront. I didn't think they could do that, as the legislation says "IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED.... View More

James L. Arrasmith
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answered on Oct 12, 2023

Certainly. Under California law, contractors cannot demand or receive payment before the work is completed or before the materials are delivered. However, they are allowed to ask for a down payment. The Business and Professions Code specifies that a contractor's down payment for home... View More

3 Answers | Asked in Construction Law, Criminal Law and Real Estate Law for California on
Q: Urgent: Seeking Legal Representation in Corporate, Construction, and Criminal Matters

Hello

My name is Jackie, and I represent [Company 1]. We urgently require legal counsel and representation. We would greatly appreciate it if qualified lawyers could review our case. If you believe you meet the criteria and can assist us, please get in touch.

Background:

On... View More

James L. Arrasmith
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answered on Oct 9, 2023

Jackie,

Based on the concerns you've detailed, it sounds like there may be potential breaches of fiduciary duty, potential securities violations, and possible criminal activities. California law requires managers and directors of companies to act in the best interest of the...
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3 Answers | Asked in Construction Law, Criminal Law and Real Estate Law for California on
Q: Urgent: Seeking Legal Representation in Corporate, Construction, and Criminal Matters

Hello

My name is Jackie, and I represent [Company 1]. We urgently require legal counsel and representation. We would greatly appreciate it if qualified lawyers could review our case. If you believe you meet the criteria and can assist us, please get in touch.

Background:

On... View More

Christopher Walsh
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Christopher Walsh
answered on Oct 8, 2023

Sometimes there is an overlap between civil disputes that can cross over into the area of criminal law. This very well could be one of those situations and depends upon specific circumstances. Typically, in a civil case the disagreement is about money, or a contractual dispute over terms agreed... View More

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1 Answer | Asked in Construction Law and Consumer Law for Nevada on
Q: I submitted to D.R. Horton warranty a lot of defects of my new house.

After many weeks of nothing being fixed, I decided to "video tape" the next time they came with another "third party manager". Under NRS 200, I am in all my right to have cameras inside my house, but I also gave them the disclaimer before entering the house. Two days later,... View More

T. Augustus Claus
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answered on Oct 4, 2023

The situation you described suggests a potential breach of warranty or contractual obligations on the part of D.R. Horton. If they are unwilling to address the warranty issues you've pointed out, and if their response to your attempts to document the issues is to refuse service, you may indeed... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Arizona on
Q: What recourse do I have with sub-contractors who require a deposit but do not perform in a timely manner?

I am building a single family residence. Currently I have an engineer who took a deposit but is not performing, or responding. Small claims court the only choice? What about other contractors down the road? Maybe need a contract to cover myself.

Peter H. Westby
Peter H. Westby
answered on Oct 3, 2023

This is a complicated matter. There are many things you need to do to protect yourself. Using a good contract with the general contractor is a first step. If you are acting as the general contractor, having good contracts with the contractors you hire is important. As for the engineer you... View More

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