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I am a G.C. I started & completed a residential roof Replacement in Dec. The last payment I received was late March & I was told by the property owner that they will not be making payments anymore & if I had to, to take legal action. What should I do?
TexasWe are located in Los Angeles, CA. We own a commercial building and we are a factory shop with a flat roof.. We recently hired an independent roofer to install a new torched-down roof. We told him that we are going to use a finance company to fund the money, and he agreed. We had a contract, and the job started with problems. We fronted 50% of the money in the first 2 weeks for material and tear-off labor. Fortunately, it rained during the last few days of the construction. So we knew 3 spots were leaking even though the roof was all "sealed" then. They said they were going to fix it. Now the roof is "completed" last week, it's still leaking from the same spots before. We water tested our roof 2 days after the inspector came. The same spots leaked. I went up the roof with the roofer, we saw many spots there were sealed properly. He said he was going to walk the whole roof and seal everything. Suddenly everything changed on the next visit, they spent 10mins on the roof with a torch gun, pretending to seal the leaking spots. Then came to me and said they were not going to do anything more until they get paid the other 50% and threatened to put a lien on us. When I asked him about the leaking spots he said we fixed, and if theres a problem you got a 10 year warranty. Now we need to get paid. I told him the job isnt finished because its still leaking(we just confirmed it today with a water hose, same spots leaked). Then he said, you water tested my roof without me being there, that itself voids the warranty(I think hes just lying) Then he started to make a scene about how we were not being honest and him giving us the best deal ever. I told him we want to pay you but not without the money from the financing company. They can only pay you if you give them the final sign-off and an invoice for the project cost. They tried to lie to me about the yellow job card being the final sign-off when it lacks the final signature from the inspector. And they said they cant provide an invoice because an invoice means its paid for already. Anyways, they took off after I told him to contact the financing company, if they pay us , we pay you, send everything to them and see if they are going to approve it. In fact, i know that the financing company wont approve it because the yellow job card is missing a final signature. Now I havent heard from them in 3 days and we water tested our roof again, same spots leaking.
I understand that if the roof has any problems we can ask them to fix it. And if they dont come to fix it we can call their bond company to pay for the damage. But what if they come out to "fix" the roof everytime theres a leak but doesnt do anything? Are they going to pay for the labor if we take like an hour to clean up the leaking water? I dont want the quality of the job to come down to the warranty. Because they keep on trying to cheat us and not playing fair. We dont have any confidence in the work they performed. We will put up solar panels on top of the roof next month. And if it starts leaking then, its gonna be a huge mess. I dont know whats going to happen going forward whether they will just leave it like this and put a lien on the building, thinking thats gonna get their money back. Even if they come back and "fix" the spots, even if they can pass another water test. I think its only gonna get worse as time goes on.
TL, DR: We hired an independent roofer to install a new roof. The roof leaked during the last few days of constructions and is still leaking after their so-called "repairs" since we water tested it 2 times. We are using a financing company to fund the money, but we fronted the material cost and $8000 for tear-off labor. The financing company wont pay a dime unless they have the city's final sign-off, which requires a final signature as of now. The roof started being an asshole and refused to do any more repair unless they get paid(it shouldn't even be considered repairs because I think the job isn't even done.)What is my best move going forward? Thanks
What would be the best thing or strategy going forward with these crooks? They are not the kind of people who would want to have a calm discussion. I just want a good roof that does not leak and for last 10+ years, which it should. Should I even think about paying them when the roof is still leaking so that they can perform the repair? Should I try to seek legal actions because I have 0 confidence in the durability of the roof now? With solar panels up there its gonna be a huge mess if it starts leaking and cracking. Please help, I am the project manager, and my boss just wants to wait it out. I am having a lof anxiety thinking about dealing with these assholes everyday.
CaliforniaWe had projects with the same client, but 4 different LLC's.
They are not paying.
We completed 2 large projects.
1 had just some finishing to do, they agreed to let another finish up.
and the last one went sour. They sent a stop notice to us, really because the owner and the Project manager/owner couldn't get along. But then hired our main subcontractor, who was running the job for us.
Really just need some good sound advice.
How can I just get paid with out being sued? They won't even negotiate with us.
CaliforniaWe are a specialty fuel contractor working for a State agency and a City agency in Texas. Both projects were started just prior to Covid and we were caught in delays from suppliers and the clients own work and decisions. Now the projects are done and we have been hit with LD after we were told there would be none and the other we are finishing up and being threatened with LD's.
TexasThere was no written contract with this condo association. Our work was always done on handshake for past 22 years, no matter what size the job was. Due to none payments dating back to February 2023 we have left the job and are no longer interested in continuing.
To collect the money, we think that lien against the condo property is only way to go. There is more than 110K worth of materials and labor that we have provided that remains unpaid.
Please let us know what our options are.
FloridaI would for a small, family-owned stone installation company. I wanted to make up a customer agreement form that lays out the services, payment stipulations, etc. One of the things I wanted to add was a late fee that would be added to the net invoice. But, I don't know what percentage I can charge a customer if they're late with the final payment, the timeframe, etc.
MaineI am a subcontractor working on a commercial job in Arizona. My GC has terminated my contract without cause- (personal dispute) but the there is already a considerable amount of money already due. The pay app was due April 1st. Although I realize it is not extremely late, I am concerned about the termination of the contract and whether or not my lien rights are affected. This GC is notorious for NOT PAYING. And now I have spoken with another sub on this job, who has told me the GC is past due on 100K+ to them. This has me concerned. I do not want to miss any deadlines and lose my lien rights. Also, I should mention, the GC HAS been paid by the owner for the payment which would include my pay app. The owner is paying on time, and yes, my pre-liens were filed timely.
ArizonaWe have multiple apartment complexes that we provided plumbing work for on many different occasions. This ranges from a $150 drain cleaning service to plumbing repairs for a few thousand dollars. They are on Net-30 terms. We are now 90 days out on some of these invoices so we are filing an intent to lien and combing all of the past due amounts into one lien notice since if we did it per job it would be 30-40 lien notices. Is this the proper way to handle it? So if we did 20 different services over a month timeframe and the total amount is $12,564, we are sending one notice of intent to lien with this total amount listed. Thanks for your help!
OklahomaATPAI needs to file a lien on a project that has multiple locations. How do I pin point an address when it is running through multiple cities in public right-of- way. We want to lien the project not a specific location.
ArizonaI am a sub-contractor, we did not receive payment on completion of a project. I sent an intent to lien, recorded the lien against the home owner. I received a letter from the home owner's attorney that the lien was not valid due to being past the time frame allowed. I cancelled the lien, but would like to know what the next step to collect funds from the contractor are. Do I file a lawsuit to collect, if so, do I just hire an attorney?
OregonBay Area GC kicked off public works job and needs to get paid (retention, unpaid scope work completed, and change orders). Is there an alternative to hiring an attorney to guide/submit claim? Or do we need an attorney for this process? Public works agency keeps telling us to 'file a govt claim'. What are our recovery options short of litigation? Money is tight. No sub bond claims made yet. No claims to surety made yet. Any guidance appreciated.
CaliforniaI'm a subcontractor and I finished a job and invoiced on 2/15/23. I have not been paid and neither has the contract I am working for and have a good relationship with. My customer invoiced the building owner 5 weeks ago. Anything I can do?
Californiai filed the lien, and have not heard a thing. the place is now open to the public. it is in the state of georgia
North CarolinaWe received the above notice from a collections firm representing another company with whom our vendor apparently has defaulted on a secured agreement. The vendor address is in TX so they are following TX lien laws. We are currently also having issues with this vendor, and have paid them all we intend to pay them, so there is nothing to withhold. Do we respond to the collection company and tell them this? Should we notify the vendor and put them on notice that they have to clear this up or we will hold them liable for any costs and expenses? Do we do both? Has a lien actually been filed?
TexasOur small business in Bonita Springs FL has a community that still owes us money from 2022. I just found out that we are past the deadline for filing a mechanics lien. Any other solutions out there to get paid for our work?
Florida