Ask a Question

Get free answers to your Construction Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Missouri Construction Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Construction Law and Energy, Oil and Gas for Missouri on
Q: Do I owe my electrician money?

I received a quote for whole house rewiring and finishing. It was divided into the rewiring and finishing and then the second line item was for new amp service. He did the new amp service to my knowledge and the rewiring. I paid him 60% of the total bill which I thought was paid in full for the... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

If you received a quote, agreed for him to do the work, and he started doing the work but hasn't finished it, you have a contract even if you do not have a fully integrated written document commemorating of the terms of your agreement.

If you breach the agreement by not allowing him to...
View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Missouri on
Q: Can we subtract cost to fix contractor's mistake from final invoice or do we have to pay and then sue for reimbursement?

Just closed on new construction home and moved in with verbal agreement with contractor that he would fix drainage issues in yard. Two attempts to correct were unsuccessful. Photos and email sent to contractor showing water still pooling. No response. We contacted reputable landscape/excavation... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jun 1, 2024

A lot of money is at issue. Have an attorney read the contract and do a consultation. The answer to your question is “it depends.” If you pay then sue you may face an affirmative defense of the “voluntary payment doctrine.” But there’s a type of claim to which case law holds that... View More

1 Answer | Asked in Real Estate Law, Tax Law, Constitutional Law and Construction Law for Missouri on
Q: Please read below

I paid $18,000 for my house and 2011 then I pulled a building permit in 2011 the same day I interned started working on my house I'm still working on my house my understanding is the building permit stops the value from increasing until an inspection is called for when I am done with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2023

In your situation, dealing with property valuation and taxation in Jackson County, Missouri, there are several key points to consider.

Firstly, the link between a building permit and property valuation can vary. Typically, a building permit itself doesn't freeze the value of a property...
View More

1 Answer | Asked in Construction Law and Real Estate Law for Missouri on
Q: Hello, I recently purchased a new construction home and the builder is completely ignoring my warranty items.

They are not responding to my calls or emails. Do you have any advice on what I should do next?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023

If your new construction home has warranty issues and the builder is unresponsive, follow these steps:

Document the problems with photos and descriptions.

Review the warranty contract to confirm coverage.

Send a certified letter to the builder outlining the issues and...
View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: Can a sub-contracted electrician be sued for shoddy and dangerous wiring of a home? We keep finding problems and hazards

The sub-contractor was brought onto the job because he “needed work”. His duty was to rough in all electrical work. We are finding loose wires that are hot, wires that do not go to anything, and overloaded breakers caused by too many lights/receptacles on a circuit. We are now paying another... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

Legally, yes you can sue the original electrician for not performing his work in a good and workmanlike manner.

But I would be very skeptical about the electrician having non-exempt assets from which you may be able to collect any judgment based on your statement that “he needed work.”...
View More

1 Answer | Asked in Consumer Law, Criminal Law, Constitutional Law and Construction Law for Missouri on
Q: Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

I mean like having them proscuted now they live in the US I know there contact information and they live in Illinois and I am in Missouri thank you in advanced

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

There's no blanket rule preventing you from pursuing legal action against someone who scammed you in 2018 via Western Union. However, there are some important factors to consider:

1. Statute of limitations: Each state has time limits for filing lawsuits or criminal charges. You'll...
View More

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: Can a RE developer email a price hike and it be valid when the contract calls for them to send certified mail?

I'm 2 weeks away from closing on a new build in a subdivision. The developer just emailed me a $9k increase due to "surplus charges". According to their contract, they must send via certified mail. We, the buyer, get to say if we can to pay or cancel via certified mail. Is an email... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 3, 2024

The answer depends upon whether the court would strictly enforce the notice requirement. I would think that a court would or should enforce the contract as written, but no attorney is going to be able to tell with certainty how a judge would rule.

I suggest that you hire a local attorney...
View More

1 Answer | Asked in Construction Law for Missouri on
Q: Buying a new construction home from a builder in Missouri. I point out mistakes they tell me they will fix it but don't

I have pointed out a small handful of poor workmanship on the construction of my new residential property. During the pre-drywall walkthrough I was told by the foreman that the things I pointed out would be fixed. When I did my next walkthrough the new foreman told me they would not be fixed and... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 2, 2024

You should contact an attorney to review your contract and as a first step try to negotiate with the seller. Through Justia, we are not able to solicit or recommend any attorneys. You'll need to contact an attorney directly. Look for someone with contract and real estate experience.

1 Answer | Asked in Criminal Law, Business Law and Construction Law for Missouri on
Q: 1 cnt diceptful business practices and 1 cnt stealing. 1st offence. not guilty Whats going to happen. Can I beat it
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 18, 2022

No one here know the facts, the evidence, and how testimony will be viewed. Until a jury renders a guilty verdict and it is upheld on appeal, anyone can theoretically beat any charge.

2 Answers | Asked in Construction Law and Contracts for Missouri on
Q: Roofing contractor signs contract & accepts $9000 down payment for job. He uses money for himself

doesn’t replace it & doesn’t order roofing materials as promised. Isn’t contract breached at this point?

Robert Grant Pennell
Robert Grant Pennell
answered on Apr 28, 2022

As always, Mr. Eisenberg is correct.

A contract breach occurs when one party fails to perform (or whose performance deviates from) what was contracted. A common problem for contracting homeowners is the absence of required terms in the contract. To piggyback on Mr. Eisenberg’s example,...
View More

View More Answers

2 Answers | Asked in Construction Law and Contracts for Missouri on
Q: Roofer took 9,000 down payment in Nov’21 signed a contract & roof wasn’t done until Nov 2022 Is the contract still valid

He used our money for his own purposes & then couldn’t afford to replace it, fed me lie after lie, I chased him down for a year. His dad finally loaned him the money so I wouldn’t press charges. I paid for all materials/labor. Finished the roof a year later Nov 2022. Now he wants to be paid... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 5, 2022

Your contract governs. I think you misstated something. You claim that you entered into the contract in November 2021 and he finished the work in November 2022. We are only in early April 2022. Although it took longer than expected for him to finish the roof, unless you’ve suffered financial... View More

View More Answers

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... View 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 and Contracts for Missouri on
Q: Can I go under contract on more than one house?

This is not a construction loan. We are buying the home from the builder once complete. We went under contract on a custom built home 7/4/2020 with completion 12/25/2020. We signed an amendment extension 01/04/2021 for it to be completed 4/30/2021. The house is just framed. So there’s no way it... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 28, 2021

You need to have an attorney read your contract to see if it provides an out. In general, a party to a valid contract may not simply change his or her mind. A house purchase is way too large a contract to guess as to your rights and remedies. It will cost you something to confer with a local... View More

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: Out of state customer signed a construction contract on 10/26/20 and on 11/30/20 backed out and wants down payment back.

I am an Insulation Contractor from Illinois where I live and work full time. My client, whom I’ve never met face-to-face (we’ve only communicated via texts and phone calls) dialed me from New York, where he lives and works and requested a quote for Crawlspace Encapsulation for his new future... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 2, 2020

I suggest that you repost your question and list your location as Illinois rather than Missouri, because you've got a state law issue.

1 Answer | Asked in Contracts and Construction Law for Missouri on
Q: Is the contractor responsible for replacing my pool. They tore it down insurance company approved parts not the pool

Contractor said pool was approved by insurance

Insurance only approved parts contractor never found parts took the pool down anyway and cut the walls in half left the pool debris in my yard said were not responsible for the pool but we could finance a new one through them or fight it out... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 22, 2020

You need to contact an attorney immediately that can look into the contract between you and your contractor as well as local laws that may offer you some protection. Collecting from such a person may be very difficult unless the contractor was licensed and insured. An attorney will be able to look... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Missouri on
Q: Can I sue the seller or contractor?

I purchased a house in Aug 2019. There was rotted would that i wanted replaced and the banks underwriter was requiring to be replaced. The receipt from the contractor stated the wood was replaced. It wasnt replaced. It was temporarily fixed. My basement has been getting rained in at the spot of the... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 20, 2020

If you did not hire the contractor then I don't think you have a legal basis to sue the contractor. But I believe it is worth looking into suing the sellers for violation of Missouri's Merchandising Practces Act (MPA). Here's a blog article that I wrote. Beware, Missouri's... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Construction Law for Missouri on
Q: Would a County Prosecutor be the person to approach about a case of fraud?

A Contractor I hired to remodel my home merely covered ceilings with new drywall rather than removing damaged, molded tiles, insulation, & wood. He did the same with plywood on the floors. This was unknown to me until after I fired him & hired a new Contractor. The floors are now COVERED... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 2, 2020

You could contact the Missouri Attorney General's office. If work was done poorly, as opposed to your money being taken and no work done, unfortunately that office is unlikely to go after the contractor on your behalf. You'd need to hire your own attorney to sue but before doing so you... View More

1 Answer | Asked in Construction Law and Contracts for Missouri on
Q: I’m a small construction business owner in St. Louis MO. I just signed a commercial contract w/ a school in G.C. IL.

The school requested the usual docs. Such as to be a policy holder on my Ins., Minimum $1m policy etc. but they also asked for copies of my workers drug & background checks. My workers are independent sub-contractors. I’ve never needed to drug test them & I do my own background checks... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 20, 2020

Your contract controls as to the requisite background checks. If you don’t understand the contractual requirements, and it sounds like you don’t, you should have an attorney review the document.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Construction Law for Missouri on
Q: can a cop forcefully make an arrest without ever obtaining my identity

i brokedown and received promission to leave suv there for couple hours and started to walk and then a vernon county deputy turned around and quickly got out the squad car and started to run up on me with taser drawn and forcefully put handcuffs on me told me i was in possession of stolen plates... View More

Gary Kollin
Gary Kollin
answered on Sep 6, 2019

So if a police officer sees you next to a person, drives by, hears a gunshot, looks in rear view mirror, sees the guy on the ground. Cop turns car around, drives back, sees guy wounded and a gun next to him, the officer cannot arrest you because he first did not identify you?

1 Answer | Asked in Construction Law for Missouri on
Q: If I have a contractor build an earth dam for me and 2yrs later the dam fails ? Is that contractor liable ?
Tim Akpinar
Tim Akpinar
answered on Jul 14, 2019

It's difficult to say, based on the brief facts. In institutional settings, the parties generally formalize the work scope into an engineering specification, a civil engineer provides a design, a P.E. signs off on it, surveys are done, soil testing is done, among other measures to ensure a... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.