Texas Construction Law Questions & Answers

Q: What type of lawyer would I need for someone that was paid $4k cash for a job that has yet to be done and nothing to sho

2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Construction Law for Texas on
Answered on Jun 4, 2018
Gary Kollin's answer
Since you are intentionally vague as to the nature of the job, I cannot answer your question. However, I also suggested to report it to the authorities if he has a history of doing this

Q: What is the process for getting money back from a roofing contractor for services not performed?

1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for Texas on
Answered on Nov 17, 2017
Jack Ternan's answer
It is difficult to answer this question without additional information. You should contact an attorney. It is generally difficult to recover funds from a contractor, but sometimes a civil suit can be fruitful.

Q: Our personal property inside our home was damaged by a roofing company. Are they responsible? Or is the landlord?

1 Answer | Asked in Products Liability, Construction Law and Landlord - Tenant for Texas on
Answered on Aug 13, 2017
William Head's answer
You need a lawyer to sue these folks, which means the landlord and the roofing company. Let the court case determine who pays, between the two of them. Look up Landlord Tenant lawyers in the Texas city closest to you, on SuperLawyers. com

Q: I got hurt at work my impairment rating is 28% can I cash out on my payments even if I'm no longer going to beable 2work

1 Answer | Asked in Workers' Compensation and Construction Law for Texas on
Answered on May 2, 2017
S. Michael Graham's answer
You can in some situations, but it is usually not a good idea. If you do,you will loose your right to apply for and possibly receive supplemental income benefits. You definitely need to speak to a workers' comp attorney before you would agree to this type of arrangement. You also need to speak to an attorney to show you how to apply for supplemental income benefits. I would be glad to speak with you.

Q: what kind of lawyer do i need when acompany destroys your home & refuses to fix it?Thank you

1 Answer | Asked in Construction Law, Consumer Law and Contracts for Texas on
Answered on Aug 1, 2016
Peter Munsing's answer
Sounds like a contract lawyer who handles building/contractor disputes.

Q: Release of Texas Earnest Money Form questions on new construction.

1 Answer | Asked in Construction Law for Texas on
Answered on Sep 10, 2015
Terrence H Thorgaard's answer
I agree. You should consult with an attorney in your jurisdiction.

Q: We are building a new home in texas. We are at 15-mths from start date. Our contract did not provide a completion date

1 Answer | Asked in Construction Law for Texas on
Answered on Feb 26, 2014
Edward J. Kazaleh's answer
You may indeed have some legal recourse and be able to recover damages, however, that all depends on your written agreements with the Builder as well. If there is no term for duration of completion, the Courts will impose what is a "reasonable" time period. For most new homes, that can be from 3 months to 6 months. I have not seen one go on that long, unless there is much more to this situation or someone is abusing their owed legal duties to another.

The best bet is to have an...

Q: Can a landowner build a dam on his property knowing it will flood a portion of someone else's property?

1 Answer | Asked in Construction Law for Texas on
Answered on Feb 26, 2014
Edward J. Kazaleh's answer
The quick answer is no, not if it changes the over-land drainage flows or floods any other property. That is potentially actionable as a trespass and more.

It sounds like you would be best served by sitting down with an experienced property Lawyer/Engineer to see what you options are.

If you would like a free consultation, please contact me.

Thanks.

Edward Kazaleh

=============> EMAIL: constructionlaw@live.com

=============> WEB: www.bizlaw.pro

Q: Trust Fund issue

1 Answer | Asked in Construction Law for Texas on
Answered on Feb 26, 2014
Edward J. Kazaleh's answer
It depends... Also, some government contracts give you other options.

If this matter is still active, please contact me by email

Thanks, Edward

EMAIL: constructionlaw@live.com WEBSITE: www.bizlaw.pro

Q: Do I have a case against a pool builder who did not pay a subcontractor

1 Answer | Asked in Construction Law for Texas on
Answered on Feb 26, 2014
Edward J. Kazaleh's answer
You have a lot of legal rights...

You can do a Google Search on the TEXAS PROMPT PAY ACT.

Also, you can contest the lien in Court (within 1 year). You really should sit down with a construction lawyer for free consultation to look at your options and if you have a case. It sounds like you do.

Contact me if you would like to sit and talk or a phone consultation:

EMAIL constructionlaw@live.com

WEB: www.bizlaw.pro

Best wishes!

Q: Can I sue a contractor in league city, texas, that is incorporated; for a botched up bathroom. I have a lot of proof.

1 Answer | Asked in Construction Law for Texas on
Answered on Feb 26, 2014
Edward J. Kazaleh's answer
The short answer is ... it depends.

I am an Engineer/Lawyer who does a lot of Construction law work and lawsuits. I'm also from Galveston (BOI)and know those Courts.

To establish liability you have to show the Contractor was negligent and under the most recent "tort reform" rules, have a report done detailing the defects giving the Contractor 60 days to resolve it. If there is no settlement or resolution after that, you then gain a right to sue. Most reputable contractors will...

Q: Builder refuses to provide documents, refunds and credits due. Dragging fee on repairs. Do I sue for breach of contract?

1 Answer | Asked in Construction Law for Texas on
Answered on Feb 26, 2014
Edward J. Kazaleh's answer
I'm sorry you are having problems with a Builder. We do a lot of construction law and home builder cases. There is a lot of variation on how effective the people are and how well they deal honesty and we have handled dozens of Builder disputes/lawsuits.

It sounds like you may need to seek the assistance of an Attorney/Mediator/Arbitrator to see if is possible to resolve the matter amicably BEFORE you close on your home's purchase. If you wait after that, your legal rights and...

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