Construction Legal Questions

Is the 20 year warranty in writing? It sounds like you have made a good faith effort to try and resolve the issue with the contractor informally. The next step would likely be to file suit against contractor, but I would not be able to give you a firm answer on that without reviewing your documents and getting a bit more info from you. Thanks,Jon... Read Answer

A mechanic's lien must be recorded within a few months of "the last work" or "materials delivered" to the job site.  Unless there are more facts to be considered you are outside of the window for filing a mechanic's lien.  However, this does not mean that you cannot bring a breach of contract or unjust enrichment claim. You should consult with an attorney to review your specific facts and determine your best course of action. I offer a free consult.... Read Answer

Well, my biggest advice would be to make an appointment with an attorney to have a confidential consultation sooner rather than latter.  The basic information that needs to be obtained is to figure out who is at fault, what exactly happened (i.e. where is the negligence), what your injuries are and what your treatment will entail, and then, finally, what ultimately will be your damages.  As part of this, your attorney will make a demand to find out if the party has insurance coverage on the matter.  Generally, the big step once these determinations have been made and the totality of your injuries and treatment is completed and damages are known will be to send a demand package the party/party's insurance.  If no settlement can be obtained, should you choose, your attorney will file a law suit and proceed through litigation.  At the consultation, with all of the details on the table, your attorney can give you better expectations regarding your case, including strength, time, etc.... Read Answer

No, I'm sorry but the statute of limiations for this has probably run out several years ago.  There will be an argument that you knew, or should have known about the error many years ago.  Furthermore, if you look at the surveyor's contract, there is probably a clause that says that damages are limited to the amount paid to the surveyor for the work completed.  ... Read Answer

Your factual scenario is unfortunately common.  Yes, the sub-contractor may lien your home.  Yes, he should go directly to the prime contractor.   If you have not fully paid the prime you should wait until you receive formal notification of intent to lien before dealing with the sub-contractor so that you'll have documentation to cover any claim from the prime when he reappears at your door demanding full payment. You may want to consider hiring an attorney to deal with this for you as a protective measure.   Good Luck!... Read Answer

Base on your description the plan places you at significant risk.  By pulling the permits you are obligating to be the responsible contractor.  I would not count on the builder or subs indemnifying you if you are sued.  You should consult an attorney to discuss the specifics of this arragement and discuss methods of mitigating your risk.     Good Luck... Read Answer

Thank you for contacting us and I am sorry to hear about the legal situation. Your best bet would be to contact an employment lawyer (we are a medical malpractice firm) to work up this issue. I would think that it would only be the owners of the company typically but perhaps if there was any gross criminal activity the law may be different - again I would consult with an employment attorney as soon as you can. Thanks and good luck, Dr. Guy Regev.... Read Answer

Unfortunately, this is not that uncommon.  A homeowner pays the general contractor but later receives a lien notice.  Yes, if your home has been liened or if the contractor is now pursuing you for more than the contract amount you should hire an attorney to help you remove the lien and/or protect you from a money judgment. Good Luck,... Read Answer

It sounds like "the guy doing the work" was negligent for not covering the roof midway through the installation.  The statute of limitations for property damage caused by negligence is 3 years. If you had a written contract with "the guy doing the work" for the installation, then the time limit is arguably 4 years. Find out if the "the guy doing the work" had insurance because the damage to the house may be covered.   ... Read Answer

Recovery of part or all of your payment amount will largely depend upon the following factors: Was there a signed agreement (contract) with the contractor? describing the work to be done and at what price? How many payments were made and when, were payments made upon the completion of predetermined phases of the entire project? what the contractor's response as to why he didn't complete the job? why do you or anyone else think that the construction is unworkmanlike? To what percentage is the agreed upon construction completed.... Read Answer

In a nutshell, no.  And while you're at it, make sure the funds clear before signing, or put a contingency in the waiver that it is subject to "clearance of funds."   Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com  ... Read Answer

This question was posted twice, so I deleted the second one.     If you have a basement contractor, he is a home improvement contractor who must be licensed.  If not, there is a violation;  If licensed, there must be a written contract setting forth what is to be done, how long to take, payment schedule and starting date.  If no written contract, then Consumer Fraud Act violation; if beyond start date, then breach of contract and potential CFA claim.  If he is sued for CFA, and loses, he may owe treble damages.  Tell hinm to give you back your money and avoid a lawsuit and a complaint to his licensing board.... Read Answer

Get the building inspector out there, quick !!  Take photographs and/or video of what happens on a rainy day and ask the building inspector to issue a violation notice.  It could be a matter of regrading the property or re-directing the flow of down spouts or other drainage issues, but if the water is now flowing on to your property because of the pool, you have to get the town involved. ... Read Answer

Without a full read of the zoning regulations of Franklin, NH, my first guess would be no.  If the fence looks like a fence and is not a danger to anyone, I would doubt the City of Franklin would have any regulations as to the appearance of each side. I looked at http://www.franklinnh.org/Pages/FranklinNH_Bcomm/ZBA/Ordinances/ord and found nothing on topic regarding fence appearance.  If there is a fence requirement, it would be in the zoning regs.... Read Answer