Get free answers to your Construction Law legal questions from lawyers in your area.
It’s a covered porch. Had to redo cement already. Is t building the roofline agreed to. I just want to cut my losses.
answered on Apr 7, 2022
Your contract would control whether you can fire him. If his lack of performance has materially breached your agreement, then you may have options. Consult counsel to determine your options.
Contractor is claiming substantial completion took place before there was a functioning bathroom in my new house while it was under construction. Contractor’s attorney questioned me extensively in small claims court about all the plumbing fixtures in the house which lead me to believe all... View More 
answered on Dec 1, 2021
Substantial completion means that the owner can use the improvement for the use intended. See TCA 28-3-201. There is a lot of case law on the issue. There are exceptions, such as contract terms, change orders, etc. Consult a lawyer if you need help with your case.
1 insurance carrier owes us almost $20k going back to Labor Day 2020. Can we sue for that?
answered on Jul 22, 2021
If the insurer had agreed to pay for your work as opposed to the insured then the insurer may be liable. If your contract/ agreement is with the insured- and the insurer is supposed to pay the insured- then your customer may have to pursue the insurer and your remedy may be against your customer-... View More
The painter stacked a ladder on top of a scalpel to get on the roof after my husband advised him not to do so. While my husband was working on getting a ladder, the painter went on the roof and fell off the ladder that was stacked on the scalpel. He is now saying he is going to sue us. Are we... View More
answered on Feb 10, 2021
A Tennessee attorney could advise best, but your question remains open for a week. As a general matter, workers' comp is meant to cover such accidents. That does not mean someone would still not try to sue. It could be difficult to give a quick yes or no answer to your question based on the... View More
I am a 62 year old senior living in the state of TN between Knoxville and Athens, TN. I've been sent a bill charging more than double the time the serviceman/men spent actually doing the job. Also, they're charging me more than double what I could have spent on parts and more than 4... View More
answered on Dec 16, 2020
I would suggest you communicate in writing as well as orally your dispute to the contractor asking for an explanation of all charges. There may be an explanation - and the Contractor hasn't provided you with enough information. On the other hand there could be a mistake and you have been... View More
This is for a construction company not custody
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2020
Either the plaintiff is mixed up as to the respondent or you have misread something. Parenting Plans do not have anything to do with Construction Contracts or Business. The petitioner may be noticing you about a possible change to a wage garnishment, but again it should not include the Company... View More
He didn’t put me down for reckless. He said the ticket he wrote was the equivalent of distracted driving
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2020
Go to Court in a respectful manner. It will probably help to hire an attorney to represent you. If there is a way to lower the number of points against your MVR, he should be able to find it. Do not just pay it in the mail, as there should be a way to lessen the severity or even dismiss it.
I live in a private community subdivision and a certain builder has been constructing new spec homes without any provisions for containment or diversion of water runoff but the obligitary silt fence. Considerable runoff from these new construction sites has been flooding and damaging existing next... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2020
Unless the affected property owners sue in Chancery for an Injunction and possible Damages, there is no deterrent to the builder. Such a suit is expensive and you will probably need an Expert Witness. And you could easily lose. This is always a problem with subdivisions with such small lots.
answered on Apr 8, 2020
It is like Violation of Probation. It means that you have violated the terms of your agreement. Depending on your agreement, the jurisdiction, the DA and the Judge, many things could happen. If it is your first time, nothing may happen. You could get a fine. You could be in a situation where... View More
Insurance says WILL pay for internal damage due to the poor workmanship. Contractor has been saying he is at fault and will fix, but it's been 11 months and I still have tarps on my roof.
answered on Mar 27, 2020
You could sue the contractor. He breached the contract by performing a job that failed to achieve the desired result of a repaired roof. I recommend you consult with an experienced attorney and examine your options in detail. You may be better off if you act quickly. The statute of limitations is... View More
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... View 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... View 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... View More
Utility District Law of 1937, Tennessee, Ann. §§ 7-82-101,
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Tim Akpinar
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... View 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... View 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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2018
It depends on the wording of the contract.
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.
