Recent Answers to Construction Law Questions

Dolan W.

Answered Oct 11, 2024

Hello! The risks associated with T&M contracts often revolve around cost uncertainty. Since the final price depends on the actual hours worked and materials used, costs can easily exceed the initial estimates, especially if there are delays or unforeseen issues during the project. Additionally, without strict monitoring, contractors may have little incentive to work efficiently or use cost-effective materials. It’s essential to have detailed documentation requirements for time and materials used to ensure transparency. Lawyers essentially have T&M contracts and it's why there are so many disputes, so I'm familiar with your concerns. To adjust for these risks, you can negotiate terms such as a not-to-exceed limit or a guaranteed maximum price. I usually set expectations with clients in advance for my work and you can do the same with this particular contractor. If you need assistance in drafting or negotiating a T&M contract, you can come back and have an agreement prepared through Contractscounsel.com Best of luck! Dolan

Dolan W.

Answered Sep 27, 2024

Hello! I'm so sorry about your situation. So legally speaking, you do have a right to cancel the agreement. The law would consider their actions to be a breach of contract for their failure to perform within the timeframe allotted. Because of their lack of performance, you can suspend your performance. You may want to consider just writing a formal demand letter. to the contractor to refund your money. https://www.contractscounsel.com/t/document-form-checkout/256.

Merry K.

Answered Sep 3, 2024

Speaking generally, to make the report admissible, you would need to call the expert as a witness and first establish his or her as an expert, and then also argue regarding why the report should be accepted as evidence. Among other things, this means you will be paying the expert to appear in court, and establishing the expert as an expert can take hours and hours if the other side decides to challenge the expert's expertise and challenge the validity of the content of the report. Moreover, the other side will probably call at least one expert of their own to challenge your expert and the expert's report. In most law schools, students must take a year-long class on evidence; this is not a topic easily or quickly learned, but there are some legal encyclopedias, hornbooks, and other guides you may want to consult if you are representing yourself. Please note I am picking a "practice area" at random in answering your question for CC since "trial practice" or "evidence" are not listed choices.

Howard B.

Answered Jan 10, 2023

Courts will protect you from an illegal deal, but they will not protect you from an unwise deal. On its face, this is enforceable. However, I know Texas has some very strong consumer protection laws and a Texas attorney may be able to help you with that. You will need to speak directly to a Texas attorney. I'm in a neighboring state and not licensed there.

Michael K.

Answered Mar 4, 2022

Hello Jake, I'm a transactional and corporate lawyer working in-house counsel for a company with 13 entitles and thus, I have to constantly draft, review, amend and negotiate commercial transactions and contracts on a weekly basis. As a result of this work, I have a great understanding of what clauses are needed within a contract to protect an entity/person and what clauses are needed to ensure the contract is covering all probable scenarios that may arise of the contract, such as, lack of payment or breach of contract. Maybe I can assist you with your purchase agreement. Feel free to text or call me at (305) 510-2722 or email mjosephkelly@gmail.com Best regards, -Michael J. Kelly, Esq.

Donya G.

Answered Oct 5, 2021

Why is the lien fraudulent? Here are some options: How to remove a property lien You'll need to file a lien release form in order to sell or transfer your property. A lien release form can remove a property lien, or a claim a creditor has against your property for a debt you owe. Property lien removal process A lien against your property will prevent you from selling it until that debt is paid. Here are the steps to take to remove the claim of the lien holder against your property. Make sure the debt the lien represents is valid. If you don't believe you owe the debt to which the lien is attached, you may want to consult with an attorney. Pay off the debt. If the debt is valid, pay the creditor in full. If you work with an attorney, you may be able to negotiate a lower payoff amount. Fill out a release-of-lien form. You can often find lien release paperwork online. If not, try the county clerk's office or an attorney, if you have one. Make sure the form includes your name, the lien holder's name, proof and amount of the debt paid, and a description and address for the property. Have the lien holder sign the release-of-lien form in front of a notary. The lien holder needs to sign the document in the presence of a notary public. File the lien release form. You'll usually file the lien release at the county recorder's office, at which point it becomes public record. You may have to pay a small fee to file. Ask for a lien waiver, if appropriate. A lien waiver is a document from a contractor showing that you have paid for the work in full and waiving all future lien rights of the contractor in the work or equipment. Keep a copy. You'll want to have a copy of the release form for your records. Other ways to avoid or remove a lien Court order. If you believe the lien exists due to bad faith, coercion, or fraud, you may be able to obtain a court order lifting it. The lien is a result of a money judgment issued by the court. I encourage you to engage an attorney with knowledge and expertise to assist you with this matter. All the best, Donya