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I own a building and hired a GC to manage remodel. I sent them plans, we agreed on price, and signed the contract. Contractor is responsible for all construction until certificate of occupancy is granted by city.
Now the contractor has come to me and said there is no sprinkler plan for the building, they did not budget for one, and I am responsible for the cost of sprinkler installation.
My plans do not include a separate 'sprinkler plan' however, the plans do clearly state that a 'sprinkler system is required' and that a supplemental sprinkler plan will be provided at a later date.
It is my position that they should have seen the line in the plans stating that sprinklers are required and budgeted for them. They also should have known without even seeing the plans that sprinklers would be required as they are on almost all construction now in Philadelphia. I believe I should be responsible for paying for the design and submission of a 'sprinkler plan' and they should be responsible for the cost of installation of sprinkler system.
It seems to me like they are playing dumb and acting like they had no idea sprinklers were required in attempt to push the cost to me.
Who is correct? Any insight is greatly appreciated!
PennsylvaniaI Had a contractor remodel my master bathroom, not to long after the job was finished. I start having water spots on my living room ceiling.I called the same contractor back to have him look at it . He said it was the new drain from the newly remodeled master bathroom. He had to cut big hole on the living ceiling to fix the drain pipe. So we start having the same problem about 6 month ago. We contacted the same contractor an he would give me different days he could come out to look at it, but then made excuses every time why he never showed up. We finally had a couple other contractors look at what’s going on. Ever contractor said it was because the waterproofing system wasn’t put in right an the right drain was not used . And the estimates for the leak to be fixed was up to 25,000 . We actually bought all the the materials an just ask the same contractor to just do the work ( labor) an fix the problem. He keeps making excuses they he is on really big jobs an to busy working right now . What should my next steps be .
West VirginiaI have a signed contract with a Homeowner to complete a job and the permit was almost complete and they did not like the time frame so they went and canceled our permit without Our knowledge and hired another contractor to do the same job that they had hired me to do and without informing me they got the other contractor to do the job while still under contract to me. Is this legal?
FloridaThe contract was signed, but are there other courses of action, such as filing a lawsuit against the property owner(such as unjust enrichment)?
Also is there a responsibility on the part of the GC who is claiming not to have been paid. Do they have the responsibility to verify they have not been paid, and also to diligently attempt to pursue the payment through legal means? I checked in the jurisdiction and no court case or liens have been filed by the GC.
VirginiaDoes a disclaimer on my website protect me if getting sued in court? Is a general disclaimer enforceable?
KansasI contacted a gentleman who did repairs on my roof. He worked for a company called Storm Service Solutions in Cortland, Ohio when he did my roof. I texted him and asked him if he did bathroom repairs, he said yes. He came to my house and told me it would cost $1,250 (cash only) to repair what needed to be fixed. After a few more text messages asking how he could guarantee that he would come back to do the work once I gave him half down (the other half due upon completion of the work). He said he would give me a written contract and a receipt for the money I gave him. This all happened from 2 p.m to 6 p.m Friday, March 13, 2020. I agreed to have him do the work through a text message for him to do the work. I told him I would have half the money on Saturday morning. At 8 a.m. on saturday morning I texted him to postpone the repairs, because the county I live in closed all schools due to the coronavirus. I told him I wanted to wait and see if my job was secure. He said in text, I could not cancel because he already special ordered the materials. I asked him to cancel the order he said no. He showed up to my house and him and my husband got into a yelling match. My husband told him to leave the property. They guy called the police and said my husband verally assulted him. Then a few hours later I received another text telling me that if I did not pay the $403.26 for the materials he ordered he would file a lien against my home for $5,500 which includes interest, legal fees, breach of contract, and verbal assault. I told him there is no breach of contract because I never signed a contract and never gave him any money. He then texted that because I agreed to have him do the work through a text message, that was the contract. Furthermore, he said not to contact him again unless it was to make payment arrangements for the $403.26 to be paid in full for the materials. Can he do this????
Everything was done through text messages!
OhioI am a sub contractor working for a general contractor. I have a contract with the company for job #321. They ask me to do some extra work, but I do not get a contact. Can they hold retention on the amount due for the extras that are beyond the contract amount?
CaliforniaI hold a "B" license for General Contractors in California. I was hired by a tenant in Long Beach, CA and signed a contract for $54,000 to install Drywall, Insulation, paint and electric. The contracting company is in New York. They asked if I would pull permits for the job on their behalf. This was asked after we signed the contract and was to be paid separately from our contracted price.
Since the permit was for a Cannabis manufacturing facility, I was told that an all inclusive MEP permit had to be pulled. I am now being told that the moment I pulled those permits, I inadvertently became the GC for the job and became fully responsible for the both the HVAC and Plumbing work completed even though they each had separate contracts. We have been waiting months for these contractors to finish so we could complete our share of the contract.
The building manager/owner, not sure which, is now telling me that he wants to take over the job. He wants me to sign over the permits in his name and is refusing to pay for work completed and materials provided. We would also lose about $20,000 in upcoming work. He also claims that the Tenant never had a signed authorization from him to complete said renovations.
Where does that leave me?
I am currently due a draw of $17,000. The owner/manager is refusing to let me complete our contract and the tenant is terrified of him.
Did we become the GC by pulling the MEP permits? Can we stop all work on the project at this time since we did pull the permit? What would be the best way to resolve this issue?
CaliforniaWhat can a homeowner do when a contractor (roofer) does shoddy, incomplete work on contracted roof system and Fascia.
50% paid, remainder still due upon completion of work. Work commenced 9.28.2.22. Ongoing and incomplete.
Roofers were supposed to replace bad, rotten decking. 92 year old plank decking, 60% bad, rotten decking. <1% replaced. Planks bowing, cracked w/ >1 1/2 " spaces, some planks half gone and blown out from "shiners" / bad nailing. Many nails hanging in space, through asphalt shingles only, not secured to decking. My attic filled with an unreasonable amount of debris. Construction owner said if he had done the job he would have replaced some other planks...
Asphalt shingles are bowed and warped. Confirmed by field rep on 10.31.22 when he came to respond to my leaking roof. Bowing and warping has gotten worse, (more shingles) since that date.
Roof was leaking in one place after roof system installed on 10.31.22.
Roof is now leaking from a second area since 12.14.22. Contractor came out on 12.17.22, could not fix the leak, has been putting me off since.
Per the contract Ridge ventilation was to be installed, instead they just replaced two turbines.
The specified underlayment brand on contract was substituted with two other brands. Underlayment was not properly installed; does not cover entire decking. Drip edge installed behind gutters: water now dripping down Fascia.
Could not open my garage door for one month because they blocked it with miss-measured rake Fascia, still they wrapped this with aluminum.
As of 1 20. 2023 I can only open my garage door partially.
Fascia was supposed to be cut back to remove 2'' rot from eave(s) ends, then aluminum wrapped. Roofers cut back to soffits 20", rendering my gutter system useless at that juncture and destroying the aesthetic of my 92 year old Craftsman home.
Fascia work egregious; exposed wood, not measured, cut and bent or installed properly. They have come out twice to fix this. The owner admitted their first guy had little experience, the second person could not do it either. The second person told me quote: "it was not his problem, he has other problems" The owner confessed that they don't really do fascia work... ?
All Fascia work remains incomplete and shoddy.
This is a partial list only of the shoddy, defective and incomplete work as of 1.20.2023
Damage to my property: This includes House, Front Portico, Attached Back Porch and Garage.
Leaking roof 10.31.22 - current
Water damage and mold in Attic as a result of Leak#1 and now leak# 2
Pounds of debris and plank decking on my attic floor. (this is a usable attic, not storage only)
Damage to garage Gutters from improper removal, now unusable, must be replaced.
Trusses on garage blown out from "miss nailing", particularly on their protruding, exposed ends.
Damage to the cement board siding on back porch(12 sections damaged: cracked and fallen out)
Damage to my wood deck, that was not protected properly as advised by Co.
Damage to existing Fascia/Eaves
PLEASE, what are my options?
I am concerned because I do not think this is simply a case of my "deposit Back" but all of the damages and the cost to re-do this correctly, which I contracted them to do, and most likely will include tearing off the entire roof including the decking and replacement of all Eaves and Fascia?
additional notes.
1) The roofing contractor at no point during the project discussed anything or any issues with me.
2) The field rep. was adamant that that my roof needed to be replaced BEFORE winter and it seems to me this was an "end of season" rush job.
3) I have running txt threads w/ filed rep and Owner since the onset of this nightmare project.
Any guidance is much appreciated. My home is in St. Louis City, MO.
Thank you very much!!
MissouriA potential client advised she wanted to o an addition to her existing home (in California) but ended up scraping the project once the permits and compliance issues became 'too much'. I am curious what the remedy is in this case if the contractor had already done a significant amount of pre-construction work. Would the contractor be able to bill for the services provided even though the customer stopped the project?
CaliforniaI started building a patio cover for a customer and building it the way they asked, the city shut it down and had to wait two months for approval to continue the work. Now that it’s approved to continue the city did an inspection on the framing but failed it and the customer will not allow my the chance to fix the problem so it will pass inspection and they are trying to fire me as the contractor.
TexasI did above
ColoradoI signed contract for house in December 2020, with completion May 2021. He let the noise ordinance permit expire, which caused a delay. Then submitted incorrect permit for the house. Finally got correct permit. Then, two days after the date of closing, asked for 20K more. (and yes, he could have asked for more earlier due to the increase in construction prices- my concern is he never intended to start in that time frame!) I have been homeless the entire time. My question comes to intent. When he signed the contract, did he truly intend on fulfilling it? Even in the beginning, he wanted me to pay more, but I refused, but he signed it. I question if he ever intended to fulfill this contract. I'm not sure if this is enough to say breech of contract or if he is just completely incompetent. Oh, and during this time period HE was building his OWN house! Somehow that seems to have been finished on time!! I terminated the contract, as my children need a place to live!!!
GeorgiaWe signed a contract for an attached pergola patio cover on April 15 2020. The contract states a start date of approx Apr 25 and a fished by approx may 15. It is now May 29 and nothing has been started. Do I have any options to cancel or hold the company liable for failure to even communicate the problems they are having with the project?
ArizonaIm a sub contractor that didnt file the job i finished in February until just now, the large GC who i worked for owes me well over 150k and has not paid me at all even after i finished the job 4 months ago and started it 9 months ago. its too late for the 20 day, so what should i do now?
California