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Texas Construction Law Questions & Answers

1 Answer | Asked in Land Use & Zoning and Construction Law for Texas on

Q: When a company is hired to build something attached to a house, who is responsible for pulling the building permit?

We had a company build a patio cover on our existing slab. They never pulled a building permit or mentioned it to us and are now not willing to do anything about the fact that the slab did not meet building thickness nor is our yard even zoned for this kind of construction. They are saying it was... Read more »

Tammy Lyn Wincott answered on Jun 12, 2019

It should have been stated in the agreement for services; otherwise, the homeowner is responsible unless it requires a licensed contractor. Please copy and past the link below for more information.

https://www.sanantonio.gov/DSD/Constructing/Residential#145101219-zoning

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Construction Law for Texas on

Q: If you haven't been sued can you be made to answer personal questions in regards to another lawsuit that your fiance own

My partner is a builder and has been sued and the opposing counsel is asking about my involvement and asking me to give up personal information about myself. Example my bank account information and if i have opened new bank accounts.. is this legal

Matthew Valley answered on Apr 18, 2019

Is it legal for an attorney to ask you to provide access to your personal financial information? Probably yes. If you asking whether you legally have to provide him with that information, it depends. During a civil lawsuit, Texas law permits parties to pursue information from third parties that... Read more »

2 Answers | Asked in Contracts, Products Liability, Business Law and Construction Law for Texas on

Q: Subcontractor nonpayment on "bad job" no contract. Phone records, text & email.

I recently worked as a subcontractor, staining a concrete floor that was covered in mortar, paint, glue, and holes & the house was being fixed from hurricane Harvey flooding. We had only communicated with the contractor & have recordings of us telling them how the patching wasn't going to match up... Read more »

Bruce Alexander Minnick answered on Apr 8, 2019

AVVO is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law, Construction Law and Land Use & Zoning for Texas on

Q: I'm looking to purchase land to build/improve a self sustaining home, but am unfamiliar with Texas property laws.

The home is planned to be 100% self sustainable, using solar panels to provide electricity, reserves to collect and filter water, etc. Is this endeavor legally possible, and if so, is there anything I need to be concerned about?

A location was required to post this inquiry, but the site... Read more »

Terry Lynn Garrett answered on Mar 25, 2019

I am not real estate lawyer.

3 Answers | Asked in Criminal Law, Constitutional Law and Construction Law for Texas on

Q: What is the law regaurding witness testimony when the witness admitts to being on and using drugs?

Gary Kollin answered on Feb 12, 2019

It will be one of the factors the jury will considered when evaluating the credibility of the witness’ testimony

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2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Construction Law for Texas on

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

Show for? He states he’s going to pay the money back but he has a history of doing this. We didn’t know it till now but this is the 4th time of taking ones money it looks like and not coming forth with the job and or product.

Gary Kollin answered on Jun 4, 2018

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

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1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for Texas on

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

Deposit paid; no services provided; calls and text messages have not been returned and original contract date was Oct. 9th so it has been over a month. Reviews on Angie's List were good and local neighborhood website was good so we did get reviews.

Jack Ternan answered on Nov 17, 2017

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.

1 Answer | Asked in Products Liability, Construction Law and Landlord - Tenant for Texas on

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

My landlord hired a roofing company to fix the roof of our leased townhouse. The roofing company did not cover the roof when it began to rain. Water began coming in the house so we no choice but to evacuate the home. They (roofing company) removed all our belongings to fix the inside of the... Read more »

William Head answered on Aug 13, 2017

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

1 Answer | Asked in Workers' Compensation and Construction Law for Texas on

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

Can I cash out of my payments for the rest of my life so I can start getting Social Security disability income

S. Michael Graham answered on May 2, 2017

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... Read more »

1 Answer | Asked in Construction Law, Consumer Law and Contracts for Texas on

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

I am trying to find someone that can help me with a legal matter. I am disabling physically & mentally. I had purchased flooring from a very well known company here in Texas . They came in removed my carpet & replaced with tile in April 2016. In June I noticed the tiles were lifting and the floors... Read more »

Peter N. Munsing answered on Aug 1, 2016

Sounds like a contract lawyer who handles building/contractor disputes.

1 Answer | Asked in Construction Law for Texas on

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

My husband and I are trying to obtain a construction loan through VA in Texas. We signed a contract with a construction company, where we had a 1,000 escrow/earnest money. We're also supposed to pay 5,100 in closing costs. A week ago our agent called us to inform us the builder now wanted a 4,000... Read more »

Terrence H Thorgaard answered on Sep 10, 2015

I agree. You should consult with an attorney in your jurisdiction.

1 Answer | Asked in Construction Law for Texas on

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

We are building a new home in texas. We are at 15-mths from start date. Our contract did not provide a completion date. We were quoted 6-7mths prior to choosing the builder and during process until around 5-mths.

Do we have any recourse for interest costs for carrying construction loan this... Read more »

Edward J. Kazaleh answered on Feb 26, 2014

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... Read more »

1 Answer | Asked in Construction Law for Texas on

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

Edward J. Kazaleh answered on Feb 26, 2014

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...
Read more »

1 Answer | Asked in Construction Law for Texas on

Q: Trust Fund issue

I am sub working for a sub, who has the contract with the GC, the GC gets paid by government agency but doesnt pay us. Do I as a 3rd tier sub file a complaint under the trust fund law?

Edward J. Kazaleh answered on Feb 26, 2014

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

1 Answer | Asked in Construction Law for Texas on

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

Pool builder did not pay sub and sub has placed a lien on property

Edward J. Kazaleh answered on Feb 26, 2014

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...
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1 Answer | Asked in Construction Law for Texas on

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

Edward J. Kazaleh answered on Feb 26, 2014

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,...
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1 Answer | Asked in Construction Law for Texas on

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

Edward J. Kazaleh answered on Feb 26, 2014

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...
Read more »

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