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Questions Contractor Laws

What is a contractor?

A contractor or general contractor is the person that is responsible for the day to day oversight of a construction site, management of vendors and trades, and any and all communication of any information to any involved parties throughout the course of any building project. In most cases, the contractor is employed by the client with the advice of the architect. The contractor will normally assess the project specific documents and will calculate the price of the business that they are conducting. A contractor is responsible for providing any and all materials, labor, equipment, filing for any and all permits, securing the property, and disposing of any and all material.

What can a person do if his/her contractor moves into the house that they were supposed to be working on and refuses to leave?

The person would need to hire a professional server to serve the contractor with an eviction hearing and then the person and contractor would go to court where the judge would grant an eviction order. Once this is done then the person would need to contact the sheriff and have them forcibly evict the contractor and anyone else who may be in the home. Once all this is done then the person would want to file suit against the contractor for the full rental value of the home while the contractor was living there and all damages that were done while the contractor was practicing bad faith.

How would a contractor sub out the work to another contractor and not use his/her surety bond and insurance?

When the contractor draws up the contract with the other contractor, he/she would need to make sure that there is an indemnification provision in the subcontract that will protect the original contractor.

If the contractor does not pay the subcontractor and files a small claims case against the customer, can the subcontractor file the claim?

The subcontractor cannot file a claim against the customer unless he/she has followed the lien statute. In order for the subcontractor to be able to file the claim, he/she must follow the notice provisions of the lien statute and if he/she does not follow the statute, then the customer would not be in possession of a contract with the subcontractor. The only way that the subcontractor can possibly sue the customer or file a lien is through a construction lien.

In the state of New Mexico, if a person has a contract with a contractor, what is the statute of limitations for the contract?

The statute of limitations for a contract in New Mexico is 6 years from the date of the last payment that was made, so depending on when the last payment that was made is depending on the statute of limitations that applies. The customer may also any mechanics lien that is filed would have to been filed 120 days after the completion of the project. The contractor will need to prove his claim.

When dealing with a contractor, a person may have questions regarding the work, contracts, responsibilities, and other obligations of the contractor. Rules and laws can vary depending on your individual circumstances and even the state you live in. To be sure of your rights and the law as it applies to contracts, it's always better to ask an Expert.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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6 Real Estate Lawyers are Online Now

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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
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Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Contractor Questions

  • Can someone explain to me in plain English who seems to be

    Can someone explain to me in plain English who seems to be winning this case in summit county (case # ********-**-****)? Defendant or Plaintiff? please give me as much details as possible.
    http://www.cpclerk.co.summit.oh.us/PublicSite/NameSearchResults.aspx
  • Hi…I am the president of a small condominium complex in Lake

    Hi…I am the president of a small condominium complex in Lake Havasu City, Arizona.
    I had a complaint from an owner, regarding excessive noise from the condo above them.
    The complaint from the lower unit was originally that the music from the upper unit was on too loud and it was late at night (around 11-Midnight). They tried knocking on the door of the upper unit but no one answered.
    I spoke to the person in the unit above and she admitted that she fell asleep with the TV on and the TV was on and too loud. She also said that she spoke to the person in the lower unit and apologized for the loud noise.
    Within a few days I got another complaint from the same people in the lower unit for the same problem and again the person in the upper unit apologized for falling asleep with the TV on late at night.
    I subsequently received another complaint from the same people in the lower unit that the occupants in the upper unit were purposefully walking on the part of the floor that squeaked.
    I spoke to the person in the upper unit and she indicated that she was not doing this intentionally and that she was making the effort to be quiet and asked for recommendations on what she could do to reduce the noise.
    I live in Las Vegas and don’t know either occupant very well, but the person in the upper unit has lived in that unit for a number of years without anyone complaining about excessive noise.
    The people in the lower unit just moved-in to their unit and now suddenly there is a noise problem.
    What options are available to those in the lower unit complaining of excessive noise and what are the rights of both the lower and upper units with regard to this issue?
    Thanks!
    Don
  • I spoke to you a few weeks back about a right of way issue. My neighbor has installed a ga

    I spoke to you a few weeks back about a right of way issue. My neighbor has installed a gate across the right of way on his property that I have granted in my deed. He has given me one key to a lock that cannot be duplicated.He continually locks the gate. It is hindering me to rent the property. Your advice was to go to a local attorney to have him write a letter to the individual to remove the gate and if he doesn't have a judge issue an order to remove it. I went to the lawyer and after he researched it he is telling me PA case law allows him to put up a gate for security reasons and at best we might be able to have him remove the lock only. He also tells me that in researching the right of way the chain of documents is not clean in that the previous property owner where the gate is installed did not sign off on the right of way, although it is clearly described in my recorded deed, and I have been using it since purchase. This seems inconsistent with what you advised. Please advise.
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