Construction Legal Questions

It is difficult to ascertain from your comments above, but is this an adjuster employed by your insurance carrier or a public adjuster unrelated to your carrier?  If you are uncertain then please contact your carrier and request clarification.  How you proceed forward with this individual will depend on the former clarification.... Read More

You can sue, but dont try to do so on your own. These homebuilders have will have very experienced lawyers on their side, and you should too. Gather all of your closing and inspection documents and reach out to an attorney who specializes in construction defect claims. Most do so on a contingency fee basis, and initial consultation would be free. ... Read More

It is possible to rescind a contract under circumstances where there is an obvious unilateral mistake, but it is highly dependent on the facts and the nature of the contract (e.g., public work or private work).  For example, if you bid $1900.00 on a job that was supposed to be bid at $190000 instead, the misplaced decimal point would likely be sufficient to put the other side on notice of the mistake, especially if there were competitive bids in the correct range.  As the complexity of the project and its value go up, however, it is a harder case to make.  You really need to see a construction attorney to go through the specifics of the contract and the bidding process to get a solid answer. ... Read More

Ultimately the Builder is responsible for the acts of its subcontractors in these cases. At this point if neither are willing to do anything to remedy the situation I would reach out to a lawyer who practices construction defect litigation to assist in your claim. Unfortunatley you probably wont get anywhere without one. If not, it will cause you problems not only now, but down the road if you sell the home. You will have to disclose this issue and probably discount for it if it isnt properly remedied. ... Read More

You may very well have a claim against the contractor which may include your expenses, loss of use, lost profits etc., but it will depend on a number of factors. Was a there a contract between you and the contractor? If so, the terms may govern what your rememdies are. If there was no contract, there still may be other causes of action available. There likely would not be an action against the landlord unless there was some relationship between them and the contractor which would impute knowledge/control over the actions of the contractor. You should contact a Florida attorney who handles construction defect cases. Most would offer a free initial consultation, and some may take your case on a contingency basis, meaning no fees or costs unless you recover. Good luck.  ... Read More

You may have a lawsuit against your contractor but it depends on exactly when he did the work. This is a breach of contract action and the statute of limitations is 6 years. If it was a little less than 6 years, you have a case. If it was a little more, you might still have a case if you can prove that fraudulent concealment should toll the statute of limitations until the time you discovered the damage. It sounds like you can make a good argument for fraudulent concealment because of the fact pattern. Your homeowner's insurance definitely might cover it- talk to a claims representative, but off the record, and that will help you decide whether or not to make a claim.... Read More

That depends upon the language of the settlement agreement. Does it entitle you to enter a judgment? Was a confession of judgment signed together with the settlement agreement?  If the answer is "yes" to either of those, you enter the judgment and proceed with collection. If not, you start an action for breach of settlement agreement by making a motion for summary judgment for an account stated. After the motion is granted, enter the judgment, and collect it.  ... Read More

If  your are duly licensed (and required to be as required by California law) then based upon the specific facts of your situation, you would have the right to seek recovery of the additional sums due.  We would require you to retain us to review your particular situation in order to provide an direction that you may want to consider taking.... Read More

It sounds to me like the contractor violated the Home Improvement Consumer Protection Act by failing to give you a signed agreement that contains all of the provisions required by the Act. The fact that he violated HICPA probably gives you some good negotiating leverage.  One consequence of violating HICPA is that you can void the contract.  A solid letter from an attorney identifying his obligations under HICPA, where he violated the law and the consequences of those violations would probably help you get to a resolution of this matter. ... Read More

I think you're probably asking about local builing codes and zoning laws.  Local means they are all different depending on where you are.  I've never seen any such code that addresses the field of view from windows in residential housing.  This is something to take up with your builder.  Maybe you need some opaque glass.... Read More

Did you receive a preliminary notice in the mail from the pumping company?  If not, they cannot lien your property or come after you for materials provided more than 20 days before the date of the lien.  You will probably need an attorney to write a letter to the pumper citing the pertinent law and warning them against filing an invalid lien and telling them to go after the contractor.  BTW, just because it was verbal does not mean you do not have a contract.  Contracts may be oral.  Now, for home improvements, there are written contract requirements established by law but they do not invalidate a right to payment. ... Read More

Potentially you may be correct. Construction defect litigation, however, is very fact specific. Additionally, the permit dates, COE, the contracts, subcontracts, warranties, and any guarantees will come into play in this case. As well as any repair work completed on the project. I recommend that you contact an attorney with experience in construction defect litigation to review your case. ... Read More

You have a stale lien issue. You can always sell the house but a title insurer might not write insurance on it unless the lien is removed.  If you are working with a realtor ask him or her to contact a title company, get a preliminary title report, and see whether the insurer would provide insurance for the title with a stale lien on title.  It may be necessary to speak with a title officer.  If there is an issue, you must give the contractor a written notice to remove the lien in a format and sent in a manner that is specified in the Civil Code.  If the contractor refuses to release the lien within ten days after notice is deemed received you can file a petition to expunge the lien and recover attorneys fees and costs from the contractor if you win.  I can handle this issue for you.  It is a single hearing that is supposed to be heard within 30 days of case filing.  There are some procedural and jurisdictional requirements to comply with before the case can be filed. ... Read More

Generally, if you cite specifications in a contract the other party has the right to see them.  As a business practice, if you want the client to be satisfied with your services, it makes sense to give the client the information.  I would suggest sending him a link to the web site for the association so he can analyze the guidelines for himself. ... Read More

I'm unclear if you are looking to get the work completed or if you don't want your mother to pay the amount the contractor claims.  If you want to get the work done, then get a quote from another contractor and deduct that from the total amount due and hire someone else.  If you don't want to pay the contractor for work he hasn't done or for unsatisfactory work, then try to work it out with him.  You may need an attorney to help you with this.... Read More