looking at some serious water damage from poor construction, house was completed 10 years ago. Any liability for the builder?
when you talk with a construction attorney, ask about the "statute of limitations" and "statute of repose" for latent construction defects. These differ from state to state and you need someone who is familiar with these in the correct state.See question
Spouse signed a disclaimer deed on the property. The contract was typed with both names on it, but only owner's spouse signed the contract.
I assume you are involved in this transaction in some way; perhaps you are the owner or builder. In either case, this is an odd scenario for their to be two contracts like that, and it raises the question of whether either party should go forward with the other under these circumstances.See question
The foundation in my condo that I own has cracked from the back of the unit all the way across to the front of the unit. According to my home owners insurance my HOA is responsible for the repair. They have toke responsibilty but they will not let...
You have two thoughtful answers already. In HOA matters, it is always a good idea to try to band together with other unit owners, or with the board members. If others are affected by the same problem there may be common interests. Boards listen more closely to groups of owners than they do to individuals.See question
We designed two homes for a local builder. He has avoided paying us. The debt is under 12 months old, but we have learned that the homes are finished and occupied by the new owner. Do we stand a chance at getting our money from this builder?
If I understand your facts, you should still have a claim against the builder for breach of contract. He just completed and sold two homes? Then he may have cash or assets out of which you could get paid. See a construction or collection attorney about this right away.See question
The contractor refuses to address the leak in my pool even after a letter was sent. He put lien on me i put contest of lien on him. What do you suggest please advise me. Thank you for your time.
Use Avvo's find a lawyer feature and seek a construction law attorney who has experience with liens. narrow your search geographically; someone in your own community it most likely to be helpful.See question
I have obtained a civil judgment in the Georgia Magistrate Court. The Defendant is a member of an LLC. I want to file a Motion for a Charging Order in accordance with O.C.G.A. sec. 14-11-504. That section states that, "On application to a court...
a charging order is only one of many tools for debt collection. You should seek an attorney who listens to your scenario and then advises you on what seems to be the best method to go about trying to collect. As noted, getting at the LLC interest may present roadblocks so perhaps there are other assets that are more reachable.See question
my son has been told for two day he can not ride the bus home however he does ride the bus in the morning to school I have not received a call or a letter or statement from the school telling me he could not ride the bus this started when his bro...
You haven't had any communication with the school? I think that's where you should start. Lawsuits against schools are very complicated and it appears this problem is not serious enough to warrant suit. Work something out with the school administration.See question
I have been sued by firm for credit card debt from 2008. I'm Currently unemployed & they have more than doubled debt from 8400 to 19000. I have a house, owe $121000 on it and I fully own 3 cars. two are old an non functioning 90 BMW & 91 ACURA, ...
First, there's nothing to be gained by ducking certified mail. Don't guess at what the letter says, get the letter. Second, it is often the best approach to deal directly with a creditor. You own three cars and the two old ones may have salvage value. See if that will have some appeal to the creditor. your role as caregiver, while commendable and sympathetic, is not a legal excuse not to pay a debt.
Monthly payments, if in a settlement agreement, will get them to "leave you alone" as long as you make the payments. That may be your best course.See question
Please base your answers on an attorney not being retained yet & the contract is being negotiated as a first step before the client moves forward. 1) If an attorney gets their “fees” covered by the opposing party (court awards) with bein...
I think I understand your questions, and here's how most attorneys on contingency should handle it: Suppose you a claim for $10,000 and your lawyer takes it to court and wins. Your award is $10,000 and fees are $3,333.33. In a different scenario, he wins the case and the defendant is ordered to pay a reasonable attorneys' fee, and let's say that's $3,000. Your award is now $13,000. The lawyer should get 1/3 of the $13,000. And his fee agreed should be clear about that. The reason is: Attorneys' fees are a separate, additional claim. If your lawyer handles something additional for you, and wins for you, he should be compensated.
In your scenario, where he gets nothing extra for winning something extra for you, you've given him no incentive to pursue attorneys' fees.
As for "costs" they are usually a very small amount (such as court filing and service fees, maybe $300.) I suggest you not worry about that and focus on the important issue of whether the lawyer seems well suited to your case. Good luck.See question
Jul 1st paid my contractor to do a bathroom remodel, he stated it would take two weeks and he would have a crew working the remodel, they could start right away. Start date was Sept 8th only 1 person has worked these 3wks and only 1/4 of bthrm is ...
Construction contracts are peculiar sometimes on the issue of whether the duration is promised or just an estimate. It can depend on whether the contract has language that says 'time is of the essence.' Your situation, unfortunately, is all too common. But consider this: Unless you have complaints about workmanship quality for what's already been done, it may not be possible to get anyone to work any faster.
Perhaps your best bet is to call a meeting with the contractor and pin him down, in writing, on a commitment to finish by a certain date.See question