Hello
We signed a construction contract with a builder where we make payments on a turnkey project. The payments are now more than 50% of the contract sum but the actual work is about 30% done. Since we would like to exit the contract on the basis that the builder had done little on our premisses but keep on demanding advance payments. The builder decided to send us unreasonable additional costs. How to deal reasonable negotiate with him and how to get back our balance? ...Read More
The work related to the lien I am filing was done in Multiple Units throughout a Condo building...but technically the company I was doing the work for was working for the Home Owners Association, not the individual units.
The HOA is providing Internet and TV to all the units in the building, and my work was related to installing the equipment required for the HOA to provide those services to individual Units in the building. (Its a bulk TV and Internet service, so all units will get the service, however I only installed the equipment in certain Units)
What do you recommend? ...Read More
Hi
I hired a general contractor to redo my bathroom, and do a walk in shower. I requested a signed contract but he ignored my request, but furnished me with a detailed estimate. The floor of the tiled shower was not pitched right, neither was the shower threshold, and water was pooling. He redid it once and still not right. I hired a professional tiler to redo/repair it and it cost $1500. We discovered he had tiled over tile the second time! I also had the tiler replace the threshold at the bathroom entrance which was crooked which cost $290. He had also walked off the job with the doorway unpainted and back splash to vanity not installed.
He only deducted $1000 off of the bill for shower repair. He added costs to the bill unexpected like $100 for installing the toilet holder and mirror. $50 for "adjusting window" that wasn't on the estimate. He had told me he would take $500 off the bill in May for the fact we had 110V for washing machine (a European all in one) and he had priced for 220V. He didn't in the final invoice. He charged us $100 to vacuum up the debris that fell on my downstairs kitchen ceiling (that has a removable panel in case of plumbing issues) when he has "cleanup" as a part of his estimate.
Now he is saying unless he gets the full amount he invoiced me for, he will place a contractor's lien on Monday. I have just been approved for financing for a line of credit but haven't closed yet. I am worried this will mess that up. I planned on sending him a detailed certified letter and paying him the balance after deducting the cost of the tiler, and maint man to finish painting and install the back splash.
I have been told I have the Right of Recoupement. Can he still file a lien without a signed contract? I want to deduct the larger amount for the shower repair, plus the other things I mentioned, but don't want a lien on my hose. He will NOT negotiate at all. What can I do?
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We are currently building a multifamily building in Southern California that is 2 stories of wood frame over concrete foundation and podium. We have engaged with a General Contractor to subcontract the frame and concrete work at the project. For the sake of clarity lets call this GC as GC 1. GC 1 has engaged with another company to perform the concrete and frame work, later on we found out that the company that GC 1 has engaged with also holds a General B license, which makes the company a general contractor. So lets call this company GC 2. So GC 1 has contracted GC 2 to perform the work and GC 2 has used its employees in its payroll to perform the work. GC 2 does not hold a C5 or C8 license. Does this mean that the company GC1 hired as a subcontractor (which is GC 2), does not have the proper licensing since they executed the job as a subcontract? The crew that GC 2 would pour concrete and then the same crew would switch their tools and work as framers. The quality of the work has caused problems such as problems with drywall not being level, windows not being level, water leak through concrete, additional stucco work to cover the concrete that was not properly formed are just a couple that comes to my mind. What is the best way to recoup some of the damages that were caused by GC 2 due to performing a trade without C5 or C8 license? And what kind of action can we take against the GC1 which has subcontracted this work to GC 2 knowing that the only license they have was a General B License?...Read More
I am a subcontractor providing manufactured casework and architectural millwork for a new veterinary hospital in Wisconsin. In August, after the architect/GC approved shop drawings, the owner requested many scope changes. We submitted the cost impact of those changes as a change order request a couple weeks later. Those changes were followed by revised shop drawings including the new scope, and those drawings were subsequently approved.
Since that time, the owner has asked several rounds of questions about the costs, but also revised their request to reduce total cost...acknowledging that their actions had cost implications. The job went into production in November, without an approved change order. At the GC's direction, we were asked to meet the schedule and that the customer was committed to the expanded scope and that they would approve the change order.
After many promises to issue the change order, we still do not have that in place. The PM recently expressed concern about whether they would even get paid, but still said he would send the change order. Now the job is nearing an end and the absence of that document prevents me from sending an invoice for the total scope.
Last week I met with the leadership of the GC and had a very friendly and professional conversation about the issue. I think they were quite concerned that their PM didn't resolve this over the last five months and said they would investigate...though stopped short of promising to resolve to proper satisfaction.
The real question is whether or not I can use the process leading up to a Mechanic's Lien? There isn't an actual contractual obligation to pay me without the change order. So can I use a Demand for Payment letter? And can that be followed by a Notice of Intent to file a lien, with the Mechanic's lien to follow if necessary? If not, what other tools do I have for remedy if the owner continues to stonewall the GC?...Read More
I am a subcontractor, I have submitted a mechanic lien to the property, the company own me more than 20k, and they called me offering 2k for remove the lien, mentioning me that I should take them, because the lean anyways would not work, since I applied for it after the 40 days I had started the work, what should I do?...Read More
We are a small stair company that works as a subcontractor on very large jobs in NYC. We do our best to submit the pencil reqs accurately and on time but if there is an issue or disagreement about payment it gets bounced out and cannot be re-submitted until the following month. It takes a lot of time and effort to constantly chase money from these contractors. When it does get through we usually don't see the money for at least 45 days, sometimes longer. Just looking for the best way to handle this....Read More
I am a residential homeowner in Texas. My wife and I are contracted through a custom home builder to build our plan. We have continually paid him when draw requested initially after the job was completed, then during progress and lastly before work was even performed. The last several draws have pulled us into a heated dispute concerning quality of work or timelines for completion. Recently, we were notified of a subcontractor filing a lien against us from a draw we paid to him 3 months prior and another 2 additional subs discovered by us still unpaid. After confrontation, a month ago, he now says all bills are up to date. He won't provide paid receipts or invoices for proof and we have nothing in the contract that forces him to. He has slandered us with the subs and they will not discuss details with us to ensure our financial future.
How do we keep from paying twice or additional charges from contractors he has failed to pay up to date? Can we make him provide lien waivers from these subs under Texas law now after time has passed? The contract does state all subs will be paid by him although, there is no timeframe listed unlike what's found in the Texas Prompt Payment Act? Where do we go from here so that it will not happen?...Read More
I was working a residential bathroom remodel, the contract was for 22627.01, including tile cost when selected and with change orders and additional work, verified through emails and verbal change orders the total became 27752.78, I was paid intermittently total of 13000. when it came to 1 more day of work to just knock out a very small punchlist, the night before I asked for 10000 and allowed him to hold a retainer of 4752.78 until the next day when i completed the job and he was happy. He denied the 10000, wrote a check for 2000. then the next day, I was told that I was not allowed back to the property and that my workmanship was unsatisfactory. Then he offered 2900 only if i signed a letter of dissolution. Hes now threatening to file fraud with L and I. all the supposed poor workmanship was the things I had on my punchlist, The bathroom is absolutely beautiful, Ive showed pictures to alot of people and everyone agrees that its a great bathroom and the amount of work I put into it is close to 300 hours. Throughout the process, there was never a single complaint and his wife even said multiple times that with my work skill and knowledge of processes and supplies I should have my own improvement show or broadcast on youtube. But the day before it was time to settle up, my work all of a sudden was unsatisfactory. pictures are up on my website. www.waunatile.com under a.d.a. compliant remodel. this guy owes me almost 13000 and all my prices are completely justified, hes making up prices for my business, what do I do, I have 400 to my name as all I had went into this project....Read More
I’m a contractor that was hired to do a remodel. I completed most of the work then the owner saw that the project still needed more work so they requested a change order. Work was done they didn’t want to pay change orders. I have emails and text messages where he asked for the work to be done. Now they’re trying to not pay I filed a lien and they’re trying to say it’s fraudulent. What’s next?...Read More
I am a subcontractor, we have completed our scope of work per the contract signed. The GC held 10% as retention. I need to bill the retention, I have $23,000 in extra work that hasn't been billed because the GC has to issue a written change order first. The extra work has been approved by the GC however, they need approval from the owner prior to issuing the change orders. They have submitted all the paperwork to the owner and they are waiting for approval..it has been 4 months since the extra work was completed....Read More
We are a subcontractor working for a GC on a puplic project .We filed a lien for non payment of change orders authorized(and work supervised) by the GC verbally .We notified the University that we where liening the GC.
See response from GC's attorney....Read More
We have been working on collecting the balances for several invoices since we completed the project. Once the general contractor stopped answering our calls we reached out directly to the customer. They informed us that they would escalate our issue up the chain but we haven't received any response from them. The general contractor has filed for Chapter 7....can we continue to put pressure on the customer in which our work allows them to function?...Read More
Hi. I would like to learn that when preparing a change order should a sales tax be applied to the total amount of the line items in the change order? Or the total amount of the change order should be added to the original contract price which already included sales tax when signed....Read More