Alexander Alvarez's Answers

My Builder abandoned construction on my house,did not pay subs. Can I get builder's name of my construction loan sue for BOC??

Sorry a yes or no answer cannot be provided, but the only way that an answer can be provided is to review the contract between you and the builder as well as the facts surrounding the case. Generally, if you met all the conditions and obligations imposed by the contract, and the other party fails to perform, and the failure of the performance results in damages to you, then you may have a claim. However, whether you have a meritorious claim requires an analysis of your particular contract and...

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Is this considerded misdiagnosis? I injured my hand and went to the local ER with my hand swelled and in pain so they took...

Sorry your fracture was not immediately diagnosed. In most states, you need to prove four elements to prevail in a medical malpractice claim: (1) the standard of care (how the doctor should have treated the condition), (2) deviation from the standard of care (that the doctor failed to act appropriately, (3) an injury (a negative result) and (4) causation (that the doctor's failure to act properly actually caused the negative result). All of these elements must be proved by expert testimony -...

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I refused to pay an unlicensed painter for his shoddy work. Can he file a lien against my property?

An unlicensed contractor has no lien rights and cannot file a lien against your property. Florida Statute 489.128 states: (1) As a matter of public policy, contracts entered into on or after October 1, 1990, by an unlicensed contractor shall be unenforceable in law or in equity by the unlicensed contractor;...(2) Notwithstanding any other provision of law to the contrary, if a contract is rendered unenforceable under this section, no lien or bond claim shall exist in favor of the unlicensed...