What are prorations? Prorations can be many different things, from the distribution of materials to a smaller monthly payment due to the startup of a service. Prorations are usually thought of in terms of monetary payments and are used extensively in relation to real estate. → Read More
Essential Provisions in a Home Remodel or Renovation Contract What should be included in a construction contract for renovation or a home remodel? One important provision in a home remodel/renovation contract should be a clause allowing you to withhold payment if the renovations are not done completely or correctly. → Read More
How to Deal With a Home Subcontractor Who Files a Lien on Your Home and Threatens to Sue Find out what you can do if a subcontractor threatens to sue you or file a lien on your house. → Read More
Legal Options If New Home Contractor or Builder Does Not Honor Written Warranty When the first signs of a construction defect pop up in a newly constructed home which is under a “builder’s warranty”, the homeowner should take photographs of the problem area and/or video tape to document the defect. In addition, the homeowner should immediately let the contractor know, in writing, and request a site inspection of the home by a specified date. → Read More
Am I Entitled to a Contractor Warranty? A homeowner’s right to such a warranty is determined both by state law and by whether a warranty is included in the construction or remodeling contract. You should always negotiate a written warranty with your contractor for work performed. This warranty can be part of your construction contract and negotiated along with the other terms of your agreement. → Read More
Construction Defects: Who’s Responsible? When you notice a construction defect with your home or business, how do you determine who’s liable for the repairs or damages? Many people assume it’s the builder, but others might be responsible as well. → Read More
TX Couple Awarded $51M In Home Construction Defect Lawsuit After Fighting Dirty Politics A Texas couple has finally won a 14 year legal battle with their home-builder over construction defects that the company failed to correct. They allegedly fought dirty politics along the way, but simply refused to give up. However, their patience and resilliance paid off big. They were awarded $51 million – $40 million of which constituted punitive damages. → Read More
California Home Construction Defect Laws If you own a home in California and discover a construction defect, bringing a lawsuit against the responsible party may require a bit more than filing a complaint at the courthouse. That is, if your home was built in 2003 or after… → Read More
Construction Defect Lawsuits: Common Causes of Action There are several common causes of action in a construction defect case including breach of contract, breach of warranty, negligence or strict liability. This article examines each cause of action. → Read More
How To Remove A Recorded Mechanic’s Lien Upon Your Home If your home has had a recorded mechanic’s/contractor’s lien and you want to remove it, check first to see if the required preliminary notice has been given to you, if the lien claimant has recorded the mechanic’s lien in a timely fashion, and if a lawsuit to foreclosure on the lien has been filed. An invalid lien creates problems for the refinance or sale of the home. → Read More
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