What kind of contract should be written up?
answered on Sep 3, 2019
Basically that is up for negotiation. Some contracts say they pay for materials up front, some say a percentage of the total contract. Ask around. The contract is for the performance of services. If you are getting into that line of work you might want to invest in an attorney drawing up the forms... Read more »
Eminent domain does not apply, but state of Tn will be constructing a road and wall that will block 2/3rds of access to my business
answered on Aug 28, 2019
Need more facts. Are you asking whether you need to establish an easement for your business? Consult local counsel to discuss your particular situation.
answered on Jul 26, 2019
The most practical approach would be to send the contractor an email asking them if they want the siding left over from the job. If they tell you it's yours, you don't have to worry about future disputes over using material that they might have planned to come back and pick up. Good luck... Read more »
answered on Jul 24, 2019
Depending on more facts, yes they could be. I recommend you consult with an experienced construction law attorney to determine what your legal options are in this situation. Good luck.
answered on Jul 15, 2019
While it's possible to legally analyze this from the standpoint of whether the material was abandoned, what did the contract say about leftover material, etc., it could be more simple and practical to look at it as a matter of common courtesy. Send the contractor an email, and if they reply... Read more »
Utility District Law of 1937, Tennessee, Ann. §§ 7-82-101,
answered on Apr 1, 2019
You can hire an attorney to file a Declaratory Judgment Action against the County and State. It would probably be a Fifth Amendment based issue, but has little likelihood of success. The expense alone would exceed the the Sewer Charges for several years.
I would like to build various trails on unused land that can not be accessed by roads and are owned by the government. Where would I look and how would I obtain a permit to build this in my community?
answered on Mar 25, 2019
A starting point could be to contact the Tennessee Department of Environment & Conservation. They have a Knoxville Environmental Field Office.
Their negligence caused damage to my car and they are refusing to pay, despite me having abundant evidence. I live in Knox County and the company is also based in Knox County, but the construction and the damage was done in Anderson county. Do I need to file suit in Knox or Anderson county?
answered on Feb 27, 2019
You can sue the Defendant either where the accident occurred or in the County where the Defendant is located.
My husband and i own a small construction business. He was recently charged with " misrepresentation of home improvement" but nothing was ever misrepresented and the charge doesnt specify whst he is being accused of misrepresenting. He is not a general contractor but that is specified... Read more »
answered on Jan 23, 2019
This sounds like something on which you should consult with a Tennessee attorney. I do not practice in Tennessee but your question remains open for 4 weeks. As a general matter, misrepresentation occurs when someone enters into a contract or transaction based upon statements or conduct made by the... Read more »
I’ve had a few that cancel after the 3 day cancellation period, after we’re ordered materials but before they’ve been delivered to the job site. Due to the lost time for paperwork and the design process, is it legal to charge a cancellation fee? If so what is the limit to this fee?
I have a friend renting from a landlord in Fayetteville, Tennessee. There are numerous issues with the structure including, but not limited to black mold, poor electrical outlets (cannot safely plug in lamps, TV, etc.). It is my personal opinion, this are a fire hazard. In addition, problems with... Read more »
answered on Oct 28, 2018
Talk to your local legal services /legal aid office. Ask for their housing attorneys. Tell them you just want to know if any in their housing unit are in private practice.
Contact members of the Tenn Assn for Justice who handle mold issues--they give free consults.
Short answer--the... Read more »
answered on Aug 17, 2018
Yes, architectural work that was actually used to construct a structure on real property is an improvement. As such, a Mechanic and Materialman Lien can be filed. Hire a competent attorney and be prepared to actually execute upon the Lien, or forget about it.
Builder wasn't able to build our home. We are still under contract with a completion date of May 31, 2018 with developer. It is now April 19,2018. They still don't have a builder and now they just want to sell us the lot. If we bought the lot and had our own builder come in, what the... Read more »
answered on Apr 20, 2018
Your rights and remedies will be largely defined by your contract. You will need to review it or have a lawyer review it for you. Then you can decide on your best course of action.
The builder frauded me as well as several other investors, suppliers and subs. It is very obvious now after I have gathered the facts that he did this with clear malicious intent. I discovered he has done this in the past in 1996, 2008, 2014 and now. He filed bankrupsty the two previous times. I do... Read more »
answered on Oct 27, 2017
In very rare circumstances, there can be a "private prosecutor" - however, this will require the consent of the district attorney's office. You will want to meet with the elected District attorney in your district, not a deputy or assistant district attorney. Try to emphasize the... Read more »
The contractor claims that the contractor that he subcontracts the labor that I perform is refusing to pay him HIS agreed upon payrate for my labor (I presume that he charges a fixed amount for each employee, and pays them less, keeping the remaining money). This is his method of business. However,... Read more »
answered on Jul 12, 2017
Any licensed contractor is subject to discipline from the State licensing board. The board has a process for hearing consumer disputes. I suggest you contact them. The legal principles fro determining whether a worker is an employee or independent contractor are the same- the key factor being the... Read more »
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