About Andra DelMonico, J.D.
Graduating from Stetson University College of Law with a J.D., Andra brings a straightforward approach to legal writing. With over a decade of freelance writing experience, she has a wealth of experience in writing about a broad range of legal topics. She has ghostwritten for individual attorneys, law firms, and businesses. When not writing, Andra spends her time boating and motorcycle riding with her family in sunny Florida.
Articles written by Andra DelMonico, J.D.
Are There Solar Energy Tax Incentives in My State?
Solar incentives vary widely from state to state, and the benefits available to you can depend on whether you own a home or run a business, which utility serves your property, and how you finance your solar system. Some states offer tax credits, sales or property tax exemptions, or programs that pay solar owners for renewable energy certificates. Others rely more on utility programs and offer fewer incentives to property owners. With federal residential solar incentives changing, understanding …
Can States Use the SAVE Database To Purge My Voter Registration?
Yes, a state can use the federal SAVE system as part of the process of checking whether someone is eligible to vote. That does not mean a SAVE result automatically gives the state permission to cancel your registration. SAVE is a verification tool, and questions about your citizenship status may require additional review or documentation before a state takes action. Recent federal litigation has also raised serious questions about the accuracy and legality of the government's expanded use of …
Right To Repair: Do Homeowners Have To Give Contractors Notice of Defects?
If you discover a construction defect in your home, you may need to give the contractor formal notice before you can file a lawsuit. Many states have residential construction "right to repair" laws that require homeowners to describe the alleged defects, give the builder an opportunity to inspect the property, and allow time for a repair or settlement offer. The rules vary by state, so skipping the required notice process could put your claim on shaky ground before you ever get to court. For …
What Is the Construction Defect Claim Process? Step-by-Step Guide
A construction defect claim usually moves through several steps: identifying the problem, preserving evidence, investigating the cause, determining who may be responsible, complying with any required notice procedures, and pursuing repair, settlement, arbitration, or a lawsuit. Depending on the circumstances, the outcome may involve repairs, financial compensation, a settlement, arbitration, or a court decision. Construction disputes can grow once people start asking questions. The contractor …
How Much Does a Construction Defect Lawsuit Cost?
The cost of a construction defect lawsuit can range from manageable expenses to many thousands of dollars, depending on the size and complexity of the claim. Beyond attorneys' fees, homeowners may also pay for inspections, expert witnesses, filing fees, depositions, mediation, arbitration, and other litigation costs. Before filing a claim, it is worth looking at both sides of the equation: what it may cost to pursue the case versus how much you could realistically recover. For legal help with a …
How Long Do You Have To File a Construction Defect Claim?
A construction defect does not always announce itself when the builder hands over the keys. If you discover a construction defect in your home or commercial property, you may have less time to act than you think. State law controls the deadline and usually involves two separate concepts: the statute of limitations and the statute of repose. The first generally limits how long you have to bring a claim once it accrues. The second can create an outside cutoff tied to the construction itself. A …
Can You Sue a Builder for Latent Construction Defects Years After Moving In?
Finding a serious problem in your home years after construction does not necessarily mean you have missed your chance to hold the builder responsible. A latent construction defect can stay hidden for years before signs of the problem appear. You may have a claim if you can show that the defect was present when the home was built, the builder was responsible for the defective work, and your claim is still within the applicable legal deadlines. Those deadlines vary by state and can depend on when …
Can You Sue a Haunted House for Scaring You Too Much?
Getting scared is pretty much the whole point of buying a haunted house ticket, so being terrified probably won't win you a lawsuit. If an actor jumps out, screams in your face, or sends you running for the exit, you generally accept those kinds of scares when you decide to walk through the attraction. The situation can change, however, if you are injured because the haunted house has an unsafe condition or someone takes the scare well beyond what you agreed to experience. Contact a personal …
Are You Liable If a Trick-Or-Treater Gets Hurt on Your Property?
A homeowner may be liable if a trick-or-treater is injured on the property, but an injury alone does not establish liability. In most premises liability cases, the question is whether the property owner failed to exercise reasonable care under the circumstances. That can become especially important on Halloween, when homeowners know children may walk up dark paths, across driveways, and onto porches throughout the evening. For legal help after a Halloween injury, use the Super Lawyers directory …
What Does “Objection” Actually Mean? Sustained vs. Overruled in Criminal Trials
An objection in a criminal trial is a formal request for the judge to decide whether a question, statement, or piece of evidence violates court or evidence rules. If the judge sustains the objection, the challenged material generally can't proceed. If the judge overrules the objection, the questioning or evidence can usually continue. A criminal defense lawyer can explain the rules that apply to your case. For legal help, connect with an attorney through the Super Lawyers directory. What Does …
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