Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Bond Claims Questions
All Status
Bond Claims
All States
My roof contractor is demanding payment in full (partial payment was paid previously). He recently submitted supplements and my homeowner's insurance has not released all of the funds for the supplements or the depreciation for the roof claim. He came to my door demanding payment of a different amount than he had on a previous invoice he gave me that was from January. The amount he showed me was written in pencil. I told him that the insurance has not paid me in full and the supplements were in the pipeline to be paid but I don't have the money or a revised estimate from my insurance yet, so I will pay him for the work completed at the amount the insurance approved once they send that to me. He waved an estimate from my insurance in front of me with different amounts than the versions I have in my portal and said he can see that I am supposed to get X amount from my insurance for my entire claim so just pay him. This estimate appeared to have my entire claim information on it (for other areas of my home that he is not a contractor on) and he would not let me look at, hold or photocopy the document. Then he tried to say that I should get 20K in depreciation for my entire claim so I should just pay him now. I do not have in writing what the insurance has approved for the supplements, but from a rep I spoke to last week, he submitted supplements for work that he did not do (to include installing drip edge (he did not remove or reinstall any drip edge on my home), starter shingles installed (he used upside down regular shingles that did not match my roof and were obviously from another job) and those items are required per manufacturers guidelines and drip edge is required per buidling code. I texted him to say to send the invoice and we will compare to insurance and pay for what was completed and at the rate the insurance approved. He then said that he will have his attorney file in court for nonpayment and per his contract, I will owe attorneys fees for nonpayment claims. What recourse do I have? isn't he in breach of contract, guilty of fraud (for billing insurance/me for work he did not complete), or anything that allows us to not pay for attorney's fees? I am happy to pay for work completed, but my insurance hasn't paid me yet. I feel he is pressuring me with fraudulent documents and that should matter if it goes to court.
LouisianaWriting a school schedule, laying asphalt on a stadium, launching a rocket into space - none of these activities are possible without mathematics. Do you agree with me?
CaliforniaWe used a third-party service (not Levelset) to file a notice for us on a public university project in Louisiana. The third-party uses an inhouse machine that post marks the notices as they are printed. For this project, the third-party printed & postmarked the notice several days before our notice deadline, but the envelope was not accepted at the post office until several days after our deadline. The third-party has stated the date accepted at the post office does not make a difference, and that the third-party has no control over when the envelope is accepted at post office. This seems doubtful, though, as any party could post mark a letter on a specific date and then walk it in to the post office days later. At what point does Louisiana consider an envelope to have been mailed?
LouisianaI placed a mechanical lien to a property. The lien was discharged by bond.
I need to claim the bond.
New YorkI own a home in Fla. and git into it with the GC over shoddy work. He subsequently filed a mechanics lien through his attorney. I since have bonded the lien and filed a contest of lien. The 60 day period for him to file suit has come and gone. How do I get the lien extinguished through the statute which says that it is automatic?
FloridaAs I've understood, CA requires all public projects (including schools) to have a bond on projects over $25,000. As a supplier, I've began asking for bond information on all projects over this limit. I've run into several schools that are telling me the bond is not available or being required on the project. Am I missing more specific requirements for these projects? I would assume, if I'm going to the school directly, they would have this information available.
CaliforniaWhat happens when the company pulls the permit and doesn’t inform the homeowner about the Notice of Commencement? Are homeowners just expected to know about it? The company I hired intentionally never told me about it or asked me to sign. Why wouldn’t the homeowners signature also be required for the permit? I believe much of what happened probably wouldn’t have if it was. Not only does this leave homeowners liable for paying twice, it can lead to a number of serious adverse effects. My family’s safety and well-being were completely compromised because of the health hazards from the property damage this company left behind. Without the NOC, my roof went on without a midway or final inspection. They left the permit open and refused to take responsibility for any of the damage they created when they caused my pan roof to collapse. This included a 40 foot stretch of fascia torn off my roof that exposed my home’s structure and allowed rainwater in. No one ever said anything to me about it; not their insurer nor the adjuster and I know that they knew. I started battling allergies and chronic migraines I’d never had before. Two years later, my previously healthy 6 year old dog was dead. Another year later is when I discovered the mold and I had no choice but to abandon my home of 22 years. This devastated me. I’m broke and homeless because of the entire ordeal and I’m probably going to lose my home. I’ve been trying for the past 3+ years since the day that this happened to get somebody to help me. I’m at a loss how the hell this could happen to begin with. I do have one last question though…I’d just like to know why this was allowed to happen. Why did having recourse depend on the amount of money I had when this business was licensed, bonded and insured? Suing them civilly shouldn’t be my only option when there were criminal violations as well. I later found out the people who I contacted with weren’t licensed owners as they made themselves out to be. They weren’t company employees. They were unlicensed contractors renting the owners license. There was no oversight whatsoever when their workers were busy destroying my home, not even a foreman was present. Can someone please explain how this is OK? I can’t for the life of me understand…
FloridaI filed my notice of intent the day before my deadline, but on my account it says it’s a day past the deadline. As is the same for the mechanics lien I filed on Monday. Also the deadline. Is this lien going to work or and I S.O.L ?
WyomingMy company completed work for a federal contract we were subbed to. The prime went silent after we sent in our request for payment late last year. I need to first find out if the prime has a surety bond for the project (which is required under the Miller Act), and then make a claim against that.
So far, I have run searches through USFCR using a few different pertinent NAICS codes, but none of the returned contracts was the one we were subbed to.
South CarolinaHi,
I am a Plumbing Subcontractor in San Jose, CA. We have a public project with a local municipality here and working through a GC. Our contract with the GC is based on T & M. We have worked almost 100% and gotten paid about 50%. We did not file a preliminary notice on this project but filed a stop notice just recently.
We think the way to go is to file a bond claim at this time since the GC is not paying us.
Our T & M Billings is about $1.8M at the moment.
Can you help us out, please?
Is there any lawyers available who are familira with CA public constrution laws?
CaliforniaI have a question regarding the Prime's delay in submitting a subcontractor's invoices to a vendor for payment. My business provided work for a Prime contractor. They are now rejecting invoices that are over 1 year old, even though we submitted these invoices in a timely fashion. Is there any requirement for a Prime to submit all invoices for service provided within a certain time frame? Or can a Prime hold onto a subcontractor's invoices, without submitting them to the state, for an indefinite period of time? TIA
IllinoisPer 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?
WashingtonWe were sent a change order from our GC to settle less for the actual amount due on unpaid change on a project we completed. We also are waiting on payment for the 5% retention on our past progress billing.
My concern is, if I release it 100%, and then we don't receive payment, that I may need to submit a new claim.
Thank you, I appreciate your service.
CaliforniaIf a general contractor is hired to do work on a public school in NY, what are their options to ensure payment? I know bond claims are usually an option for subs, but in this case it is the GC who is bound to provide payment to its subs.
New York