Get free answers to your Construction Law legal questions from lawyers in your area.
We had a contractor come in to remove existing framing and put in new framing per plans. Most of the studs are anywhere from 13 to 21 inches apart and warped studs, per inspector. He also did not follow plans. We do not want this contractor back on the property. Can we sue for labor and cost of... View More
answered on Oct 25, 2022
When a contractor does non-conforming work, you have the choice of either accepting or rejecting such work.
Non-conforming work is work that is not defective but which fails to conform to the plans.
Think you wanted the paint to be salmon in color but instead they used coral... View More
AUSTIN TEXAS: I have paid the full amount to the general contractor ($17.5K) but they have not paid the subcontractor for over 3 weeks. They ignored texts/calls and so the subcontractor stopped by our house to let us know that they are going to file a lien against our house.
What do we... View More
answered on Oct 18, 2022
Because the amount is less than $20,000, you can file suit without hiring an attorney in justice court. I would sue both the general contractor and landscaping subcontractor in justice court.
Given the small amount involved, it would most likely not be cost effective to hire an attorney.
Homeowner in Texas. I contracted with (name withheld) for concrete and electrical work. I paid 50% upon signing. Work started 5 weeks after the estimated start date. They worked 3 days (some light excavation) and then all communication abruptly ceased 3 weeks ago. The contractor is unreachable by... View More
answered on Sep 21, 2022
If I were to take this case, I would start by reading your contract and creating an effective litigation strategy. After outlining the strategy, I would move forward with the plan. It looks like you have taken a few steps already, but it does not look like you have taken any formal steps. If your... View More
The contractor already accepted the money from the manufactured home company where we got the loan through to do the work on the septic system. Now he says because his mini excavator cannot penetrate The Rock underneath the dirt that we're going to have to spend an extra $2000 to put in an... View More
answered on Sep 7, 2022
That depends on the wording of your contract with the contractor and what it says about subsurface soil conditions and the allocation of risks. You should take your written contract to an experienced construction law attorney for a consultation. If the contract is not overly long, you should be... View More
The installers had to reset the tracts across the entire roof left original holes open my house flooded they sent an inspector out he said they were at fault. The company said they would fix my roof This was in December 2020 we started having issues with the outlets and breakers popping we would... View More
answered on Aug 20, 2022
I am terribly sorry this happened to you.
I recommend not taking serious legal action on your own, since there are many legal issues, deadlines and hurdles which are difficult to cross as a pro se plaintiff.
But to answer your question you would have to sue the company and serve... View More
It has been 5 months and they kept blaming cps for delays. I have been in contact with CPS and they show no active work order on my account. Found out today they messed up on the contract and cps has been rejecting it. They want me to sign a new contract. Stated if I don't original contract is... View More
answered on Aug 20, 2022
You should not have to sign a new contract. The former contract is valid and enforceable. If you sign the new contract, you will have waived any remedy at law or in equity.
Unforeseen variables must be reasonable, but without actually reading your contract, I cannot be for sure. Here are... View More
We closed on our home in April 2022. Have made two payments already! Still not living in it. Our general contractor hired a sub contractor to do our floor. Has attempted 3 times, left a razor blade in my daughters closet in the epoxy! Now is not answering calls or texts. And our general contractor... View More
answered on Jul 14, 2022
I can answer your question generally. But I would want to see your contract or written agreement to be sure of how to advise you.
I'm assuming that the mortgage you are paying is for a COMPLETED house. Meaning all the construction, including laying the floors, were part of your... View More
answered on May 1, 2022
The simple answer is NO!
Not without permission. If someone wants to use your image or an image of a property you own, for the sake of doing business, they must be given permission. I'll bet there was buried somewhere in your contract, where you have given the builder or the Genral... View More
Lien is bonded and he started the lawsuit but now gone bankrupt.
Can a home builder, who has their own sales team, list specific address(es) with a low price on their own website, then list the same property on realtor.com and zillow.com with the same low price but when a buyer who wants to put a contract offer, for that specific address, in at the listed price,... View More
answered on Feb 21, 2022
This is a contract law question. The issue is whether or not the posted price is an "offer." I believe it is, however, I would need to see the exact language of the posting to better advise you. Plus, Real Estate laws require a RE contract to be signed before the parties a bound.
answered on Feb 7, 2022
Each state has its own laws regarding lawsuits based in contract and home warranty.
In Texas your problem with the quality of the house is too old to be able to sue.
However, if you had a professional home inspector review the house prior to purchase, there may be some time left to... View More
My landlord basically said If I hire someone to work on my house then he will not pay for the labor but he didn't say if I worked on the house that I couldn't charge him for labor
answered on Jan 13, 2022
No. You would need a contract. Otherwise it would be deemed a gift. Contracts involving real estate need to be in writing. This would be a contract for services so I not too sure. Always better to have something in writing. Good Luck.
Protective orders used to recover property coowner
answered on Dec 27, 2020
If you were served notice of an upcoming protective order hearing, and the attached application included false accusations, then you should hire an attorney to contest the issuance of the order. A protective order is a civil matter, even if the justification is an accusation of criminal behavior,... View More
They are requesting a "contribution" in a contract agreement to abandon the easement. Do I have to pay any "contribution" requested from the easement holder to abandon the easement? What are my options to terminate the easement that has not been in use for over 40 years and is no longer be needed.
answered on Nov 24, 2020
It sounds like the developer is trying to make arrangements for an agreement to abandon the easement. If they're asking for a "contribution" that sounds like a voluntary thing, but it's not clear where the easement runs. If you are one of the property owners across which the... View More
.
answered on Nov 23, 2020
It is unlikely that you will be able to sue the county permitting office - there's a principle called "sovereign immunity" that prevents most suits against government agencies or employees.
As to the developer, it's impossible to tell you what needs to be done without... View More
answered on Nov 5, 2020
An Arkansas attorney could advise best, but your question remains open for four weeks. At this point, you could try reaching out to a Professional Engineer in Arkansas or to the Civil Engineering departments of major Arkansas electric utility companies if you are asking about electrical cable, and... View More
We have had our roof replaced which was covered in our insurance. He came and we agreed on a color and he gave us the packet with a brochure with our selected shingle color and style. When he filled out the contract he did not put down the same style as the brochure we had agreed to. The specific... View More
answered on Aug 25, 2020
Yes. You may certainly ask that the issue be remedied; however, whether the roofer will agree is unlikely.
Unfortunately for you, Texas courts strictly enforce the "four corners" of a contract - meaning the parties are held to the actual words and their plain meaning contained in the contract.
The worker who is claiming he didn't got paid, did a job prior to the job in dispute, that job had a leak issue and so caused several damages to the property, this worked had done the work after so had founds that i was going to pay however at the time of asking for proof that the repair was... View More
answered on Aug 7, 2020
More information is needed; clarification of the facts would better help me analyze your case.
In general, a dispute with a subcontractor on job "A" needs to be dealt with separate and apart from a subsequent dispute with same subcontract on job "B". In general, you... View More
Hello, I received a $1000 water bill for 2 weeks only at my vacant house. I did not use any water because I locked the exterior water faucets and interior water shut off valves. When a city private contractor installed a smart point on the water meter, the software went wrong. Then the data... View More
answered on Jul 21, 2020
A Texas attorney could advise best, but your post remains open for two weeks. From your question, it sounds like you're under the impression this is a law firm, because you ask for representation. This is only a question and answer board. Before pouring money into exploring the possibility of... View More
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.