Construction Legal Questions

Generally, a class action is filed when you can not identify the specific individuals involved, and there are a number of individuals with the same legal problem.  There is no numerical limit, the court needs to find that the most important issues are common to all plaintiffs, and any issues that are not in common are not very substantial. For example, if an internet provider had a standard contract that said they could charge the customers $0.10 per minute of use, and instead, due to a computer error, charged each of its customers $.11 per minute,  instead of having thousands of customers file suit, a court would likely allow a class action to proceed.  On the other hand, in your case, the builder had separate contracts with a variety of homeowners, and the damages suffered by each homeowner were different, it might not be appropriate for a class action.  ... Read More

The terms of your relationship with your contractor are governed by your contract.  Your contract should specify whether your relationship is a cost plus, guaranteed maximum price, etc.  Your rights to see the Contractor's costs (as well as its rights to claim additional costs) are interwoven with the type of contract that you have.  However there are a couple of different ways that you might approach it if you are looking to throw a statute at your contractor.  If this is residential work, pursuant to NRS 624.600, you are entitled to know the identity of all subcontractors who work on your project.  Therefore you may be able to obtain the information from the subcontractors.  Furthermore your contractor is usually required to document any additions or deviations from the contract via change order, which should set forth the bases for the additions.  If this is a residential pool/spa contract, there are very specific disclosure requirements regarding change orders and disclosures for such contracts (see NRS 624.940). If you have problems with a contractor refusing to provide necessary information, you can utilize the services of the Nevada State Contractors Board to assist.  ... Read More

If the contract that you entered into with the contractor provided that drains were to be installed, and if they were not installed, you would have a breach of contract claim against that contractor.  If you paid the contractor the total contract price, you could recoup the cost of having the drains installed by a replacement contractor.  Furthermore, if you could prove that the paver work caused the water leak into your basement, you could also recover from the hired contractor the cost of remedying that situation.  You would need to hire an engineer (probably a Geotechnical engineer) to support your claim.  Unless the contract prohibits it, a contractor may bring in others (like subcontractors) to perform all or part of the contract work.  Therefore, your breach of contract claim would be against the contractor whom you hired, not the one who may have performed the work (i.e., the brother).  However, it is possible to assert a negligence claim against the brother who performed the work if he in fact caused the leak. This is not intended to be legal advice, and is general in its nature.  No attorney-client relationship exists or is formed by this information.  Furthermore, this does not represent the views or opinions of Lexis Nexis or its affiliated companies. Ronald Francis, Esq. www.constructionattorney.net  ... Read More

If you work as a contractor, you must be licensed by the CSLB.  If others compete with you and are also unlicensed, you may wish to report them to the CSLB.  Sadly I have found that they either enforce the law selectively or often not at all.  I was recently involved in a case like this in Solano County.  CSLB apathy was a factor in the settlement.  The law is very clear,  You have no rights unless the value of your work is no more than $500,   ... Read More

If you are sued, immediately retain legal counsel.  I assume that our ten-year statute of limitations for latent construction defects is what is involved.  There must be a connection between you as a contractor and the faulty construction.  Your lawyer should warn the other that they may be liable for filing a frivolous lawsuit against you.  This can be tricky to prove, but lawsuits for malicious prosecution are filed all the time.  Good luck.... Read More

The contractor is not bound by the estimate your insurance company got.  As you probably noticed, the adjuster was using software that came up with a number.  Your contractor probably uses the exact same estimating software, but is not required to bid the same amount. You may want to try getting a bid from another contractor.... Read More

The night work is probably illegal unless they are especially permitted to.   Your first step should be to lodge a complaint with the construction superintendent.  You may have a claim for nuisance.  It would help to have neighbors join in your complaint.  Calling the police when they are at work could help your case, but they probably will refuse to do more than be witnesses.  Ask for business cards from the officers.  The final act wold be to report the company to the applicable city or county Public Works Department.  Good luck..... Read More

You should try to work things out wit the roofer.  You have the retention.  He has a right to file a lien.  If he does so wrongly, you may counterclaim for Slander of Title.  You can always contact the Michigan authority that licences contractors.  They probably have a mediation service.  Staying out of court is a good idea if possible.  Good luck.... Read More

Dear Tim--You are not a licensed plumbing contractor.  I suggest you get journeyman status as soon as you can.  Take the exam and then you will have no problems.  I'm afraid your proposed path will be dangerous.  Your customers will certainly have recourse against.  The licensing authorities in Massachusetts may also want a word or two.... Read More