Get free answers to your Construction Law legal questions from lawyers in your area.
I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More
answered on Aug 21, 2024
Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More
We filed a lien a customer. The property owner has let us know that customer was their tenant and have asked us to release them from the lien. The customer has now filed bankruptcy and I just filed a claim with that court. Can I release the property owner from the lien and still keep the lien... View More
answered on Aug 7, 2024
Additional information is required in order to properly answer this question. Is this a residential or commercial property? Is the lease a ground lease? Did the landlord consent to the work you performed? What is the status of tenant's leasehold interest in the property? Is the tenant... View More
The builder is trying to force me to sign off on the repairs before we close tomorrow. She specifically said we cannot close until I sign off on the repairs. I feel like I’m being forced to sign off on this because they have my $25,000 in earnest money. What can I do?
answered on Jul 30, 2024
You can so "no" and refuse to "sign off" on the repairs. You can tell the builder in writing that you are prepared to close on the agreed date but that you do not accept the repairs as having been completed in a good and workmanlike manner and that you are not waiving any right... View More
answered on May 2, 2024
Under the 13th Amendment, an employer cannot make you work at all.
An employer can provide a job any number of days and offer to compensate you if you agree to work. If you are a non-exempt employee, the employer might be required to pay overtime if you work more than 40 hours in a week,... View More
City of Princeton, TX awarded a contract for $49,720 (no bond required) to their vendor. The vendor hired my company to do the whole wireless project for $45,500. We completed the project and provided all the hardware. The city paid the vendor, the vendor has refused to pay us. The city claims they... View More
answered on Mar 14, 2024
No, a city is not required to act as surety for subcontractors. You have a valid cause of action for breach of contract against the person or entity you contracted with.
There are numerous things that could be in that subcontract to protect you from that person being paid by the City and... View More
I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More
answered on Mar 11, 2024
No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.
If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the... View More
I hired a contractor to do some dirt work on my property. I paid him via checks that all cleared. Now, 5 months later, the dirt company that he bought the dirt from, has sent me a letter saying that he did not pay them the final $1295 that he owed them. They say in their letter that they tried... View More
answered on Feb 23, 2024
The company that provided the dirt for your property may have the right to file a lien against your property if they haven't been paid for the materials supplied. However, whether they can actually do so depends on the laws and regulations in your specific jurisdiction. In some cases, lien... View More
I had a fire suppression system (fire sprinklers) install at my business.
We had a signed contract describing the work done and the agreed amount. Just prior to the start of the project the city required them to change where they would connect to the city waterline. I was aware they would... View More
answered on Jan 16, 2024
In order to give you a proper analysis on your options, it would be necessary to have an attorney review your particular contract. Each contract for building projects is different, but a good one should usually contain several clauses explaining liability for change orders, when/how to dispute... View More
I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal... View More
answered on Dec 17, 2023
On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to... View More
I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't
answered on Dec 8, 2023
If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual.
With respect to your employer, in the absence of a written employment agreement that precludes your employer from... View More
I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't
answered on Dec 8, 2023
Your situation raises several legal concerns. Firstly, being terminated for damaging equipment you weren't operating seems unjust, especially if there's no evidence implicating you. It's important to review any employment contracts or company policies you were subject to, as they... View More
Contractor sued resident for balance before bills even 30 days late. No opportunity to Arbitrate
answered on Dec 6, 2023
While I do not practice in TX, I may be able to provide some general guidance. I am assuming this was a covered loss and that what you are asking is what you can do when a carrier doesn't pay for invoices related to repairs from that covered loss. There are two main options you have and one... View More
Foundation was done 4 months ago, due to not watering regularly they are saying they will not fix. They told me they need to add 10 piers and adjust everything they did and want to charge me 6k. What can I do here?
answered on Dec 4, 2023
The warranties provided by many foundation repair companies specifically address drainage, foliage, and moisture issues that can profoundly affect the performance of any building foundation.
If your warranty requires you as the homeowner to properly water the soil around your foundation,... View More
They did work, said because of the summer drought and not watering the foundation has jumps in the floor now and it’s needs adjustments and 10 more piers. What do I do?
answered on Dec 2, 2023
In your situation, the first step is to thoroughly review the warranty provided by the foundation company. Understand the terms and conditions, especially those related to drought conditions and the requirement for additional piers.
If you believe the company is not honoring their warranty... View More
Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims... View More
answered on Nov 27, 2023
It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of... View More
My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then... View More
answered on Nov 10, 2023
The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads "with interest not to exceed ___ % per annum." The Buyer is usually required to apply for a loan... View More
This is for services rendered.
answered on Oct 15, 2023
Addendum - some court systems (and legal form companies) offer templates for documents, such as summons and complaints, etc. If you do contemplate handling the matter yourself, these can serve as a reference (although actual documents would need to be tailored to the specific action). Good luck
This is for services rendered.
answered on Sep 29, 2023
Given the small amount involved, you might consider filing in county court at law pro se. Unfortunately, the jurisdictional limits of our JP courts is $20,000.
You might consider hiring an attorney if you are certain the proposed Defendant has more than sufficient non-exempt assets to... View More
This is for services rendered.
answered on Oct 15, 2023
Most court systems have do-it-yourself guidance for pro se litigants. If you feel more comfortable having an attorney handle the matter, try to arrange a free initial consult. That might help in your decision-making process. Good luck
We have a issue with our Building Erector that was supposed to finish a steel building for us which will be our home. We hired him back in June. He told us that they could finish it in within two weeks but we knew it would take them about a month because we thought two weeks is pretty fast but one... View More
answered on Sep 4, 2023
Sorry to hear your problems.
The lien could only be from a supplier of materials.
If the contractor supplied the materials, you can reject any lien or attempt for the same.
You should get 2 different bids to finish the work.
In each bid u should require a... View More
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