I followed the instructions from L&I’s website and filed a summons and complaint for breach of contract against a contractor who took a large deposit, disappeared for 6 months and will not respond or refund our money. After I filed the complaint and researching I realized I didn’t include all the required info on the complaint. For example, i did not include the GC’s middle name but is included on the L&I registration. I did not include his registration effective date or bond effective date. I also was did not include the details of the case, like why he owes us money, the contract we signed or exhibits such as copies of the checks he cashed or letters we sent terminating him. It has been more than 20 days. The GC has not responded but the bond company did file a notice of appearance and sent us a letter to us asking for details. Can I file an amended complaint to include the info I should have included in the first place?...Read More
This is a large project on public land (a new community essentially) Yet the "Owner" of the project is an LLC. The job has gone south. They lost an arbitration award of 11.49 million as they were found to have "actual intent to defraud Lender:). The lender supplied 66 million in funds of 132 investors. We are a Subcontractor (concrete road construction, sidewalk, curb and gutter. The GC stopped work on the project for non payment. It seems I can't lien the public property. They have a Bond, but Levelset is asking for a municipality for an owner. Not sure how to proceed...Read More
A contractor cancels bond insurance and buys one from a different company in the middle of the job. Which company can I file with? Does the canceled bond have any obligation to payout for work done during the effective period once the bond is cancelled? Is there any protection for honoring the warranty with either insurance company?...Read More
Per RCW 39.08.030 'such persons do not have any right of action on such bond for any sum whatever, unless within thirty days from and after the completion of the contract with an acceptance of the work by the affirmative action of the board, the subcontractor (my firm) must present to and file with such board..., a notice in writing'. We filed our Notice within 30 days of our last service. We provided rental equipment and labor to the project.
Our customer (a subcontractor on the project) is asserting that we filed too early and that the 30 days to file is from the completion of the contract (as stated above). The Levelset deadline was set based on our last day of service.
I'm concerned that the Levelset deadline may have been too early if calculated from our last day of service -- not 30 days from the completion of the contract. Can you clarify from which day I should start calculating -- my last day of service or the date of completion of the contract between my customer and the public entity? ...Read More
Im in washington state. The surety company just denied my claim. What's my next step? your earliest reply would be greatly appreciated. Thank you...Read More
Bought my house from him he was the builder mind you brand new house and didn’t register in the state of Washington and now there are problems going on with the house ...Read More
I am working for a construction company and I am doing research on the states in the United States that accept retainage bonds. I know that not every state accepts Retainage bonds (for example, I know Tennessee doesn't while Washington does). Could you please provide a list of the states that do accept Retainage bonds?
Thank you very much....Read More
If a contractor has not paid the balance on a public works project what are my options? Do I need to file a bond claim in order to file a lawsuit against the bond? Most of the time the customer receives payment from the county longer than 30 days after the last delivery. The platform is saying that my payment is not protected because I did not file a bond claim by the 30th day. The project is not substantially complete. What are my options at this point....Read More
I am a material supplier in Washington state. We have customers that has trouble paying and we have been tracking the loads delivered to a state job. Do we still have lien rights if the customer picks the products up, instead of us delivering them? I added it to our portal and it says I have two weeks to make a bond claim. Do I need to file a bond claim if I have not collected by that point? Or can we wait until the project is complete to file a lawsuit or bond claim?...Read More
Contractor was doing unsatisfactory work and it was one delay after another. I found while checking L and I that the contractors license had been suspended for no liability insurance. The contractor continued to work on our home even after his license had been suspended. Once we found out he had no license We have asked the contractor to not come back. Now we are worried of what the consequences will be of asking him not to come back. We have had a different contractor out to look at some of the problems that the other contractor has left us with
Contractor licence had been suspended per Washington state labor and industry.
Suspend date
09/13/2020
*Down payment made on 6/23/20 with agreement to start three weeks from 6/23
Job was not started till week of 8/3/20. Three weeks later than expected.
*Delay in ordering materials needed for the job. The biggest problem with materials not being ordered was four weeks we lived with plastic covering gaping holes in our living room. Which requires constant maintenance by us to keep the elements out of the interior of our home. The delay in ordering products also put us even further behind in the completion of the overall job. Leaving us without lighting in the front room and kitchen.
* We also have been without a kitchen sink or any kitchen appliances for an extended amount of time.
* Peeling texture and paint. Will require additional work and time further delaying the completion.
*Exposed wiring hanging out of the ceiling and walls
*Uncovered outlets and switches.
*Multiple uncovered holes in kitchen and living where recessed lighting was to be installed
*Exposed finish nails on door framing.
*wall over spray on all kitchen cabinets and dishwasher
*floor leveling that is not level. kitchen floor with leveling applied will need to be removed
This is just what we have found as of today.
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We entered into a contract with a homeowner to build a deck/addition in February 2019. Signed a contract and received a materials deposit, then the homeowner (an architect) started the process to obtain the permit. Throughout this process, they made design and structural changes. We proposed an addendum to the contract for the changes in July 2019, they verbally accepted but never signed the addendum nor made the additional deposit to cover the changes. We put the project on hold throughout winter (the project involved pouring concrete footings and the property is located in southwest Washington state, very wet over winter which is impossible for concrete). March 2020 homeowner advised they had the permit and requested a meeting to go over the build. June 2020 we had the meeting wherein the homeowner requested additional changes, which we needed to subcontract. We waited on the sub to provide us a bid for almost two months, during which the homeowner made additional change requests. Eventually the sub declined the project, which caused us to decline the project, as we were unable to complete the standing requested scope of work. July 25 we emailed to terminate the agreement and proposed a refund payment plan, withholding a certain amount about 25% of the original deposit) for the work we had done to accommodate their many change requests. Last week (late August 2020) we received a letter from the homeowner's lawyer threatening to sue us and our surety bond for breach of contract. By definition, is the homeowner similarly breaching contract, having not followed through on verbal agreements to sign the addendum and make the deposit? They demanded we complete the contractual scope of work, but that structure would be illegal, since the permit for the project describes a very different structure due to the homeowner's changes....Read More
I am filing a mechanics lien on a project I have been working on and I heard from someone else that I should file a claim on the general contractors bond for the job? What is the correct action? ...Read More
The roofing contractor said he would start on 9-26-2020. Finally started in late Oct. Left roof uncovered, rained into house 2 times from open beam ceilings. Water damage on cedar ceiling, hemlock wall paneling on walls. Now 4-1-2020 still not complete. Can we pay his employees direct for their work? Contractor let his insurance, bond, license etc. expire 1-19-20. Over 12 times said he would be out to work. Never showed. We have kept a log on dates, problems etc. If we pay him the amount owed how do we get him to pay for damages caused by his company? The contractor told 2 employees they we would get the balance due of the contract when the job was finished. He only recently hauled away most of the debris that was torn off. We have photos of everything. We had to buy additional metal roofing because some of it was missing from our job. He put TPO roofing on the flat roof, left it for over 2 mo. got wet underneath. Finally worked on it when we were going to file on his bond. In the process ripped TPO in several places. Employees patched it. No warranty on it now? Said he would work on it next day. Finally told HIM not to come back. Employees working on it. We trust them but not him....Read More