Construction Legal Questions

An attorney would need to read the contract to see if there are any "loopholes" which allow a price increase for subcontractor and material costs, etc. If there are no such provisions, then yes, a failure to proceed at the agreed upon price would likely constitute a material breach. It is always wise to have an attorney represent you if a large amount of money is involved, whether it is a lawsuit or an arbitration.... Read More

Unfortunately, as with many issues relating to construction, many of the rights, responsbililites, and remedies of the parties are derived from the terms and conditions of the writtem construction contract and manufacturer's warranty, which no attorney responding to questions on this Q&A site can read.  Most such contracts have specific provisions of where and how notice of claims is to be made and these are almost always in writing by a specified method of delivery to specific invidiuals or departments.  As a practical matter, you can carefully review the construction agreement and the warranty on the tile and make your claims formally via the specified method to both of them and include in the written notice the history of the previous attempts you have made to resolve the issue.  You may have to do some hunting on the manufacturer's website to find its warranty information if the roofing contractor has not provided you with this information.  It is always possible that making the formal demand may get a more positive response.  As with most issues relating to construction defects and disputes, it is almost always the prudent step to at least consult with experienced construction counsel in your area as this area of law is complex and compliance with presuit defect notice process under Chapter 558 of the Florida statutes would likely be required before litigation or arbitration can be filed. ... Read More

The facts presented here certainly indicate the homeowner should have serious concerns about the future performance of this contract.  Having already provided over $100,000 to the contractor, having zero work performed, and being told the contactor cannot perform due to lack of "financial backing" are facts which suggest things are likely to go very wrong indeed.  Unfortunately, this situation, as with most construction related disputes, requires a review of the actual construction contract as the terms and conditions thereof will provide a guide to many of the rights and remedies between the parties as well as applicable notice provisions.  There are likely a number of statutory provisions regarding the regulation of the contracting trade that may apply, but again, in construction disputes, these require a review of the very specific facts to provide any proper analysis. This situation merits consultation with experienced construction counsel in your local area without further delay.  Wishing you the best of luck.... Read More

I am very sorry to learn of the difficulties you are having with this solar installation.  Unfortunately,  questions by homeowners regarding a whole host of issues with solar providers are all too common both on these attorney Q&A sites as well as presenting to our local Legal Aid organizations.  The Florida Attorney General's office has recently taken action against several of the most disreputable solar providers and there are many that have gone out of business leaving the owners holding a defective bag. Sadly, solar installers and roofers are two separate licensed trades and issues of leaking roofs after solar installation is farily common as the installation of the solar panels may penentrate the roof's waterproof barrier and void the roofer or manufacturer's warranty.  In this case it appears there was a reroof after the solar array was installed and it is not clear which entity removed and reinstalled the solar, but it is typically the solar companies responsbility to reconnect the solar to the electric grid as this work does not fall within the scope of a roofing license. These situations are factually complex, but it would be prudent to make formal written demand for correction of the issues under the notice terms of the agreements in place with both contractors (these typically provide that notice has to be in writing, delivered by specified methods to specified individuals).  It may also be prudent to schedule an on site meeting with representatives from both entities to be present at the same time.  Another practical step is to have independent roofer/solar installers look at the issues and give you their opinions as to what needs to be done.   If you are unable to get to the bottom of these isues, consultation with experienced construction counsel in your local area may be required.  I wish you the best of luck.  ... Read More

This is unlikely to be a cost-effective way of reducing liability.  A more effective way would be providing workers' compensation insurance for your own workers and requiring any of your subcontractors to provide workers' compensation for their workers and to defend and indemnify you for any claims made by their workers against you for any injuries they sustain while working on a jobsite for you.  ... Read More

This is exactly what your retainage is for.  The retainage is that part of the contract price that every owner retains from any contract for construction work until all work is completed and approved.  By law, an owner is required to retain at least ten percent, but your contract with your contractor can allow you to retain more.Hire another contractor to fix/finish the work the original company was hired to do.  Pay the new contractor out of the retainage.  Send the original contractor the itemization of what the new contractor had to do and what it charged you for doing it, showing you deducted that from the retainage.  Then, either send the original contractor the balance of the retainage or, if the new contractor charged more than your retainage, a bill for the difference.... Read More

It doesn't sould like there is anything "illegal"; however, if the scope of the work has changed, you need to prepare and secure approval of a change order reflecting the change in the scope of work and any increase (or decrease) in price as a result.For example, if you bid included $500 to remove carpeting, but it will cost $1,000 to remove laminate, your change order should indicate that instead of removing existing carpet, you will now be removing existing laminate and that the price for your services will increase $500. You should postpone your work until the change order has been signed and approved by the owner.  I strongly recommend not accepting a verbal approval, email, or text message, and instead require an authorized signature on a change order.This is a common process in construction work.... Read More

Clarity with respect to the scope of work of any contractor is very important.You should carefully go through each and every item on the insurance adjuster's report.  Check to see that each item has been completed to your satisfaction.  If not, write down what is wrong with it.If you and the contractor agreed to extra work above and beyond what is specified in the adjuster's report, check to see that each item of extra work agreed upon has been completed to your satisfaction.  If not, write down what is wrong with it.Be as thorough as you can in your inspection of each item of work and as detailed as you can in noting what is incomplete or unsatisfactory.... Read More

The big questions are whether the plumber can determine if the problem existed well before the property was sold, whether the seller had to have known about it, and whether a property disclosure form was submitted at closing or you received the $500 credit in lieu of the form. It seems unlikely that the sellers could've known of a gas leak and hidden the problem, considering a gas leak can be a life and property threatening condition. Unless you can prove that the sellers knew of this condition and failed to disclose it, unfortunately you have no claim against them. If you can prove the seller knew and deliberately hid the condition, you may have a claim against them. ... Read More

Yes, you can sue if the company has breached its subcontract agreement with you by keeping illegal installers, releasing you, changing prices, or violating any other term of your agreement.  You will need to be able to prove what damages you sustained as a result of the company's breach if your agreement does not contain a liquidated damages clause.  You also have a duty to mitigate your damages, for example by accepting jobs from other companies.... Read More

It is highly unlikely that the installation will pass inspection without a GFCI.  Installing a GFCI is not a big deal and ought not be a significant expense for you as the contractor.  The licensed electrician you typically use on spa installations and repairs ought to be able to install a GFCI at nominal additional cost to you.You might want to have a discussion with the estimator who gave the quote on behalf of your company.  The absence of a GFCI is not an unforeseeable issue.  Any time a contractor gives a quote for work, the contractor needs to inspect the current installation to determine if there is work required to bring the item "up to Code."  This is a common requirement for passing inspection.  Building Codes are constantly updated.  While GFCI requirements were updated in 2023, the requirement of hard-wiring a hot tub or spa to an outlet that is GFCI protected has been around for many years now.So I think you would lose on the argument about the GFCI being unforeseen or unanticipated at the time of the quote.  Some contractors, however, specifically include language in theri quotes that the customer will be responsible for the cost of any additional work required to bring the installation up to Code in order to secure a permit or pass inspection.  ... Read More

Unfortunately, it appears your success in the original arbritration proceeding was in vain, given that the court dismissed the case which was attempting to enforce the arbitor's award in your favor.  One suspects, without knowing, the the court dimissied the case for lack of personal jurisdiction over the defendant in the original proceedings.  Having served a notice of arbitration and not having receiving any response or appearance from the named defendants, proceeding with (and incurring the cost of) the arbitration proceedings involved some level of risk.  Dealing with franchises can be a tricky business, as depsite the purported value of dealing with a trusted branded company, often the fine print leaves the homeowner with remedies only against the stand alone franchisee.  Whether or not the original arbitration proceedings can be reopened or whether new proceedings need to be instituted against the correct defendant, may be a matter of the procedural rules of the private arbitrating authority.  Whether or not the court proceedings, which were dismissed without prejudice, can or will enforce the award will require an actual review of the filings in the arbitration and trial court.  It would be prudent to consult with construction litigation counsel to at least review this matter on your behalf.  I wish you luck.    ... Read More

In order to have a claim against any party, you would need to have damages.  If you suffered an injury, depending on the facts and details, you may have a personal injury and/or workman's compensation in claim.  In New Jersey, employers are required to carry workman's compensation insurance.  Good luck to you, Melanie Ryan ... Read More

Given the extremely small amount of money involved, I recommend that you attempt further negotiations with Lowe's customer service to resolve the matter.  If you have to go to court, I would suggest filing a small claims lawsuit in justice of the peace court.  Our justice of peace courts have jurisdiction over small claims with amounts involved that are $20,000 or less.  It is unnecessary to hire a lawyer to represent you in such a case.  ... Read More

The deed of trust recorded creates a lien on property. The sale of the proprety will not remove the lien (its effect will continue until it is released).  Most sales involve new financing. When a financing occurs , the new lender will require a clear title to exist before funding the loan. If the sale does not require a  new financing, then the buyer of the property takes title subject to the existing liens of record.   We would recommend asking a title company to provide a history of the sale transaction and providing a copy of all liens of record (which will not only show you the status of the title of  the property but confirm your lien is of record.)  Once this information is confirmed, you can make a demand for payment against the new buyer for payment. If there is no response, you can initiate a foreclosure action (either by power of sale or throgh the court system).... Read More

Unfortunately, this question falls within the majority of construction related matters for which little by way of guidance can be provided in an internet forum.  Construction typically require review of the actual terms and conditions of the written agreements together with an analysis of the specific facts for any sort of substantive response.   For this matter, a review of the contract(s) with the public adjuster and/or the remediation contractor is likely required.  Since you apparently are or were already represented by counsel who has knowledge of the factual background of this matter, it would be prudent and likely most cost effective to discuss these issues with your existing counsel.   ... Read More

With respect to the amount of time it has taken, if you and the contractor did in fact actually agree upon a fixed completion date and that date has passed, and the delay in completion of the project is not due to your own actions, you may be entitled to delay damages.  Because delay damages depend upon the specific facts and circumstances of your situation and are sometimes difficult to quantify, many construction contracts specify a set dollar amount per day for delay damages.  When a stated completion date is not firm or material to the parties, a construction contract often includes a "no damages for delay" provision to make it clear that you cannot seek damages for any delay in the completion of the work.  If your contract has neither, you will need to discuss your particular situation in greater detail with an attorney to determine what compensable damages you have sustained as a result of the delay.With respect to below average work, there are two different legal standards involved:1. Work that does not meet the specific requirements of your contract is "non-conforming."  You have the right to reject non-conforming work and to require the contractor to redo it regardless of how skillfully the contractor performed it.  For example, if he was to paint something blue, but instead painted it yellow, you could insist that he redo it whether it was below average or superior in quality.  2. With respect to contractors making improvements or repairs to real property, the law provides an implied warranty of good and workmanlike services.  That means the contractor's work must be done in the same manner as would a generally proficient contractor engaged in similar work under similar circumstances.  "Below average" may or may not meet this standard depending upon how much "below" average the work is compared to what generally proficient contractor would have done.... Read More

You can sue the contractor for breach of contract for failing to perform that part of your contract that requires him to deliver to you a copy of the manufacturer's warranty.  You might also consider contacting the manufacturer directly to confirm that what you were told about the warranty by the contractor is accurate.  If not, you might also have a cause of action for fraudulent inducement based on representations from the contractor about the warranty that you relied upon.... Read More

Check this resource to see if the lien is valid:  https://www.cslb.ca.gov/Consumers/Legal_Issues_For_Consumers/Mechanics_Lien/If_A_Mechanics_Lien_Is_Filed_Against_You.aspx If it is, and you are unable to negotiate directly with the contractor to have it removed, contact an attorney to see if they can negotiate on your behalf to help remove the lien or defend a lien foreclosure action.... Read More

You need to retain a probate attorney in your jurisdiction for advice. Most states provide that the surviving spouse has a life estate in the marital home which the will cannot override. Once you pass your one half interest would pass to your beneficiaries under your will, and the other half would pass to your deceased wife's son. Of course this is speculation because each state has its own laws. Accordingly, you need to retain a board certified Connecticut lawyer for advice.    ... Read More

Yes, it appears the contractor has breached the construction contract.  But a breach does not void the entire contract.  It merely provides you with the remedy to sue for the breach.  You cannot ignore the contract at this point as one of the requirements to sue for breach is that you have performed all obligations under the contract required of you.  But you can immediately send a demand letter to the contractor informing them of the material breach of the contract terms and demanding they cure the breach by returning the money to you for the work not completed.  If they fail to do this you can then sue them in court to recover your money lost.  If the contractor has also stopped performing under the contract, that is another material breach (presuming they still have work left to do under the contract).  The contractor cannot "control" the job if they have breached the contract.  You an start by filing a complaint with the Contractor's State License Board against their license.  That will get their attention, since they may have their license suspended if they don't cure the breach.... Read More

Unfortunately, if you are performing work for which a license is required by the CLSB, there are CA laws that provide that an unlicensed contractor is not entitled to receive any payment for that work.  So the client is within his rights to demand that you return any money he paid you.  You need to get a license.... Read More