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Texas Construction Law Questions & Answers
1 Answer | Asked in Consumer Law and Construction Law for Texas on
Q: Am I liable to to pay a subcontractor if my contractor did not pay them in full?

Brick subcontractor contacted me 5 months after his work was finished and asked me to pay him the shortage I explained I had already paid the contractor for his work and there were no more funds left. I attempted to call the contractor who won’t take my calls. Now the subcontractor filed a... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 20, 2020

You should counter sue the contractor, usually they also have to post a bond, which you should know about under the original contract. You can also sue the bonding company.

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1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Construction Law for Texas on
Q: The day he died, my ex-hub's GF filed a FORGED change-of-benef'ry form to steal his BAC ret $. What can I do about it?

Several months after he died, I was notified that I was still benefcy of his BAC annuities fund. Surprised he hadn't changed this in 8 years since divorce, I called the BAC Intl to confirm details. It was the assisting clerk who noticed the date on a change-of-beneficiary form was the exact... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 5, 2020

There might be both a civil and criminal case that comes out of this but I notice this question is marked for both Texas and Arkansas. The first thing you should do is figure out WHERE the forged document was USED and then re-post your question in just that one state, no matter where you are... View More

1 Answer | Asked in Construction Law for Texas on
Q: If a construction company broke contract by not having the house done by the completion date what can i do? Its 2

Months over and they ignore our calls and messages. These people are rude and disrespectful. We have been in contract with them since june 2018 and our house is yet to be finished ! They havent worked on the house for months plus they have made so many mistakes that we have had to pay out of pocket... View More

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2019

This is something a Texas attorney would best advise you on, but your question remains open for three weeks. If you consulted with an attorney, they will ask for the underlying contract and other documents you have for the project, including specs, change orders, records of emails or other... View More

2 Answers | Asked in Contracts, Criminal Law and Construction Law for Texas on
Q: DID WORK FOR HOMEOWNER AND NOW HE DON\T WANT TO PAY
Kiele Linroth Pace
Kiele Linroth Pace
answered on Oct 26, 2019

This is not a matter of criminal law. Talk to an attorney who practices civil law or research filing a small claims lawsuit in the Justice of the Peace court. There are multiple JP courts in most counties so figure out the proper court for the street address of the home where you did the work.

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1 Answer | Asked in Construction Law and Workers' Compensation for Texas on
Q: Please help Two years ago oct 6 2017 I was injured on a construction site in Oklahoma but employed with Texas company.

At the two year mark workman’s comp has stop paying per Texas law is what they said I filed for ssi an disability benefits I’m still unable to work an also untreated for my injuries I guess my question is how or why is that company not liable

It took them 8 months to send my first... View More

S. Michael Graham
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S. Michael Graham
answered on Oct 23, 2019

Workers' Compensation is an insurance plan. The employer pays an insurance company to insure its employees in case of injury. In exchange for purchasing this wc policy, the law states that employees can't sue their employer if the employer (or its employees) negligently injure another... View More

1 Answer | Asked in Construction Law for Texas on
Q: has fly ash been introduced as an insulative product?
Tim Akpinar
Tim Akpinar
answered on Oct 19, 2019

This is not a legal question; it is a technical question. You could try contacting the R & D or engineering departments of some of the major insulation firms. Good luck

Tim Akpinar

1 Answer | Asked in Construction Law and Contracts for Texas on
Q: construct contract 180days stated on contract have passed and owners revenue is piling in the negative,what can be done?

additional verbal 30 days has also come and gone, loss of revenue on original house due to still living in it. Other contract details are not being respected. Stressed to the max, very emotional and now I have even alienated from friends and family. Loss of sleep and ambition.

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2019

You should think about contacting a Texas attorney to review the terms of the contract and advising you on what your next steps would be in recovering the money for your performance under the contract. An attorney could outline some of your options, ranging from a letter from a law firm to formal... View More

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... View More

Tammy L. Wincott
Tammy L. 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
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... View 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... View More

Bruce Alexander Minnick
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... View 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... View More

Terry Lynn Garrett
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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
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
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
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... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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... View 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... View More

Peter N. Munsing
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... View More

Terrence H Thorgaard
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... View More

Edward J. Kazaleh
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... View 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
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...
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