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My daughter and I hired a contractor who has had a state…

Customer Question
My daughter and I...

My daughter and I hired a contractor who has had a state license for years in plumbing, water and sewer to put the same in for an R V Park. It has been in operation for five months, then a DEQ officer shows up and asks us if we had soil density and water sample tests run.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Oklahoma. Our contractor did not tell us we needed a permit to build and all these test run and it is not up to DEQ standards. Is he liable for what he failed to point out?

Lawyer's Assistant: Has anything been filed or reported?

The DEQ officer came by and told us what we would have to do to bring it up to state specs. I mortgaged my property to do this and now I don't have the money to bring it up to state specs.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need to know what options we have.

Submitted: 7 months ago.Category: Legal
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Answered in 5 minutes by:
12/5/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,287
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation. This to me sounds like a classic case of negligence if the contractor failed to tell you that you needed a permit before they did the work. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand.

You may want to consider just writing a formal demand letter with the contractor to pay up or you may need to file a claim with his insurance company. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
Thanks for visiting with me. If you would give me your phone number we may get back with you after I talk with my daughter. Thanks again! *****
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hi Harold. Unfortunately, I won't be able to represent you.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the Oklahoma LRS - click here.

Did you have any other questions for me today?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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