Construction Legal Questions

Did you sign any agreement/contract with the porta-potty company re rental of the unit?  If not, they have no grounds to demand you make any payment. Their remedy is to pursue the contractor that rented it, not you. Call the porta-potty company and tell them you never agreed to rent/pay for the unit, so you are not legally liable/responsible for payment, and they need to pursue the contractor for payment. You have made a demand that they remove the unit, so any charges incurred after your demand are their responsibility.... Read More

It sounds like the plumber wants to be sure you're not trying to squeeze him for more than the cost to replace the marble, so if you can get a repair estimate and provide that to him, then demand he pay it to you and tell him why you can't get the repairs done immediately, he will have no reason not to pay you.  The Statute of Limitations for property damage in California is 3 years, so you can still sue him up to 3 years after he did the damage.... Read More

It depends on what the terms of the contract are.  If there's a term in there stating a completion date, then yes you can hold the contractor to that completion date.  But if not, you can ask them to sign a contract amendment providing a firm completion date.  Terminating the contract also depends on the language in the contract regarding that.  Look at the terms to determine what termination rights you may have.  ... Read More

The benefits that accompany the additional security provided by the Mechanic's lien laws require strict compliance with the requirements to achieve these goals. Your timing on the need to file a lawsuit to perfect the lien filed is accurate. Unless you are an individual, you will need legal representation to do so. We would highly recommend you immediatly contact an attorney who is familiar with the requirements to determine what steps (and when) you need to take them. We are available for consultations to provide you the necessary insight for your immediate problem and how to deal with similar issues in the futurte.... Read More

The contract itself may be uneforceable, however the contractor can still take legal action to sue you under other causes of action than Breach of Contract.  He can sue for Unjust Enrichment and Promissory Estoppel and maybe Fraud.  The contract can be used to show the intent of the parties possibly depending on what other correspondence exists. You should see if you can come to an accord with the contractor and pay for what has been done.... Read More

I am sorry to learn of this unfortunate situation and homeowners are typically at a substantial disadvantage when dealing with devleopers without an attorney.  The removal of the sales representative with knowledge of the situation and the potentially fraudulent initial on the layout does not bode well for informal direct resolution of these issues with the developer.  This situation requires an attorney review and analysis of the specific facts and the sure to be lengthy contract, plans, and related documents to hopefully give you some leverage in resolving these issues.  Look for an attorney who has experience with real estate litigation in your area to assist.  I wish you luck.... Read More

You are not required to pay the sub because you already paid the general, ASSUMING (1) you properly withheld 10% of the payments to the general (this is called retainage) and (2) you have not recived a letter from the sub demanding that you withhold all future payments to the general (this is called a funds trapping letter). The most that you should be liable for (in most situations) is 10% of the amounts you paid to the general. This is a fairly complicated area of law and this general advice may not fit your fact pattern. That could chanbe my answers.   Mark P. Brewster Brewster Law Firm mark@markbrewsterlaw.net (210) 437-1232... Read More

The rule depends on whether you were a general contractor, sub-contractor, or sub-sub. Generally speaking you have until the 15th day of the 3rd or 4th month after you provided your work or materials, to file a lien affidavit. You must have sent the proper pre-lien notices, and if this is residential or homestead, there are more requirements to have an enforceable lien. I hope this helps you some. The answer is not as simple as you might be hoping. There's also something called a constiitutional lien -- that is avaialble in certain situations. Also, remember that the lien is only 1 way of getting paid. You can always sue on the debt, even if a lien is not available to you. ... Read More

You need to hire a residential construction lawyer to pursue a claim under the Texas Deceptive Trade Practices Act (DTPA). Some lawyers will take cases like yours on a contingeny fee basis. I do not do that, but if you want to hire me on an hourly basis I am happy to talk to you about that.  Mark Brewster, The Brewster Law Firm (210) 437-1232. ... Read More

Hi Alina, In most cases the Assocation is responsible to maintain the common elements, and this includes preventing water leaks from the exterior of the building. If the Assocation fails to make needed repairs to the common elements, a unit owner can file a lawsuit for the property loss and other damages. Feel free to contact me should you have any questions.... Read More

By charging you more money to fix a problem they caused they are in breach of Ohio's consumer sales practices act (CSPA). This subjects them to the actual damages tripled plus reasonable attorney fees and costs. You should absolutely not pay them any more than the initial quoted amount. If they insist contact counsel to demand additional damages.... Read More

The answer is it depends on a number of factors, like did you have a financial interest in the company?, and was the company a corporation or some other form? If you had no financial interest, you were not invoived in the specific projects in question or the entity you worked for was a corporation, I would say you are likely in the clear, but that does not mean you wont get sued if you are the last man standing. I would be more than happy to further discuss this matter if you would like. Please contact me to schedule a meeting. 213-612-9900 and ask for Eric Smith. if I am not in, leavbe a message and i will promptly get back to you within 24 hours.... Read More

In general, this situation depends on the contract in question, and any warranties or exclusions contained in the contract. Cases like these are very fact specific, and very dependent on the contract. If the contractor is liable for the damage then your attorney could draft a demand letter to the contractor, and if that doesn't work you could pursue litigation or alternative dispute resolution against the contractor.... Read More