Construction Defects Lawyers

A contractor who builds a single-family home for a home-owner is generally required to have a written contract with the owner.
That contract, according to the Business and Professions Code, must set forth certain things, such as the contractor’s license number, the dates when work will begin and be substantially completed, and other important information. The contract must be signed by both the contractor and the owner.

Such contracts are important from the homeowner’s standpoint, because they provide him or her with certain protections, such as an assurance that the contractor is licensed. They are also important to the contractor because they set forth many of the contractor’s responsibilities and, thus, reduce the potential for misunderstandings during the course of the job.

There is another reason why such contracts are important to the contractor. Since they are required by law, the absence of such a written agreement can make it difficult or impossible for the contractor to collect payment for the job from the owner.

A general rule of law states that a contract made in violation of a statute is void. Thus, if a contractor had an oral agreement with a homeowner, instead of a written contract, it would arguably be in violation of the Business and Professions Code. As such, it would be void. A void contract cannot be enforced.

What happens, however, in the following situation: a homeowner (1) knowingly fails to sign an agreement with a contractor and then (2) says that because there is no written contract, the contractor is not entitled to be paid for work it has done?

This issue was recently addressed by the Court of Appeal in the case of Arya Group, Inc. v. Cher. (I should stress that the Court of Appeal based its decision in this case solely on the allegations made by the plaintiffs. The case has not gone to trial yet and, therefore, none of the allegations have been proved to be true.)

Arya, a general contractor and design company, orally agreed with representatives of Cher to build a house in Malibu. A total price was set, which was to be paid in installments as work was completed.

Arya prepared a written contract which was delivered to Cher. She allegedly promised to sign it, but never did, although she assured Arya they would be paid in full for their services.

Arya began work. They prepared plans and started construction, including grading, concrete and framing work. Cher then asked Arya to meet with Janet Bussell, a designer she had worked with in Florida on other projects. Arya showed Bussell their plans for the project and introduced her to subcontractors and suppliers on the job.

Allegedly, this was all part of a plan by Cher. The plan was to get information about the job from Arya so Cher could terminate her oral agreement with them without paying for all the work they had done. She would then try to get the subcontractors and suppliers to work directly for her.

Cher did, allegedly, terminate her agreement with Arya, with a significant unpaid balance due to them for their work on the job.

Arya sued and their case was dismissed by the trial court. The issue before the appellate court was whether Arya could collect their fees on the job absent a written contract with Cher.

In its decision, the appellate court said the general rule that a contract is void if made in violation of a statute is not applied in all cases. Some exceptions have been recognized by the courts. One exception applies where failure to enforce the contract would unjustly enrich one party and result in a disproportionately harsh penalty on the other party.

The court noted Arya alleged in its suit that Cher was a very sophisticated homeowner with experience in residential construction projects. She also had received legal advice in negotiating with Arya. In addition, Arya had already completed a substantial amount of the work on the project when their contract was terminated.

In view of these alleged facts, the court said, Arya should be allowed to proceed with its lawsuit. However, the court also said that if it turns out Arya’s allegations are not true, the case could still be dismissed because of their failure to have a written contract for the project. The case was sent back to the trial court for further proceedings. Find more information on this website

Car Accident in Texas? Here Is What You Should Do

Notice: This information is useful if there are no serious injuries. When necessary, notify the professionals and someone will be there before you know it.

Immediately after a car accident, there are a few things that need to be considered so that this situation is handled appropriately. First of all, make sure that you remain calm. Even if it means withdrawing yourself from the situation for a few moments, stay calm. Visit this website for more information
Next, it is extremely important to make sure that you are safe. Make sure that all vehicles are moved to a safe location so that the chance of another accident is reduced.
Sometimes, there are no options to get the car out of the road. If this is the case, turn on the hazard lights so that other cars can see you. If you have flares in your car, utilize them so that oncoming traffic knows that something is going on.

Now, it is time to check for any injuries. Check with the people in your car first and then check on the other driver. If an ambulance is necessary, notify 911 immediately.

Then notify the police. Often, drivers with a history may be trying to tell you that calling the police is not necessary. This is never a good idea to take this advice.
Depending on where you live, it may be the law if you don’t notify the police after a car accident. You definitely don’t want to have to go to jail if you were trying to do someone else a favor. Often, a police officer will not report to the scene due to the fact that they have other responsibilities. However, if the injuries are extensive, someone will be there right away.
A police report should always be filed. This way, it can be determined who is responsible for the accident. This is something that is necessary in regards to the insurance company. They aren’t going to pay anything until I have proof of the accident.

If you are the one who caused the accident, it is important for you to do the right thing and admit responsibility.
Even when the police are not on the scene, you can still get a police report.
Unfortunately, there are people who are going to try to get you to hit them at a red light so that they can collect the insurance money. This is one of many reasons why a police report is necessary.

If the police are available, it will certainly make things easier to deal with.
If you don’t already have the contact information for the local police department, dial 911.
Always make sure that you get the contact information for the other driver including their insurance information. It will also be helpful to get their address and maybe even their email.
If the other driver were to try to get your Social Security number, don’t give it to them. It isn’t necessary. Often, this is how others may try to steal your identity. Don’t allow yourself to be a victim.

Be sure that you have a writing utensil and a notepad in your car. You never know when you are going to need it.
Before leaving the scene of the accident, write down the time of the accident as well the location.
Take more than enough photos on the scene of the accident. Take photos of both vehicles. This will be beneficial for the insurance company.
Find out whether or not anyone witnessed the accident. If so, get their statement along with their name and phone number.
Never admit that you are guilty even if you feel you are. In fact, it is helpful if you avoid contact with the other driver as much as possible.
Never admit that you are guilty even if you feel you are. In fact, it is helpful if you avoid contact with the other driver as much as possible.
Notify the insurance company right away to let them know what has happened. If you do this, they will be able to hear your side of the story before talking to the other driver who is probably going to try to blame you.

Don’t deal with the other driver’s insurance company on your own. There is a good chance they are going to try to get away with not paying the money that is legally owed. When this happens, notify a Texas personal injury attorney. They will do everything possible to help you collect the money that you deserve.
Now, it’s time to think about getting the car fixed. Check with the insurance company to find out whether or not there is a particular body shop that should be used. It may be beneficial to do a few different quotes. This way, the insurance company will have a better idea as to how much money they are going to have to pay. It won’t be long before your car is fixed and you are able to get back on the road. Please visit this website @ https://lawyers-pi.com