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Notice of Termination Questions
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Notice of Termination
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I'm a GC. We had to fire a particular sub contractor for not performing. Not completing work and poor quality. We have proof, emails photos sent etc. I'm wondering what the proper protocol is for firing a subcontractor?
We also believe that he may owe some of his sub-subcontractors money as well. How do I confirm what our prime subcontractors and his sub subcontractors lien rights are? And if they filed a Notice to Owner? I know that typically we as the GC are supposed to receive copies but I haven't received anything. I actually have a lien waiver from him for his last payment which is a final lien wiaver.
Thanks,
Jim
FloridaI have an NOC currently on my home. I am the owner and doing all the work myself. I am currently also in the process of refinancing my home as well and they need the NOC terminated before I can close. Is there a way to terminate the NOC without the work on the original NOC being completed?
FloridaMy house is under contract— we are having an addition added. We were told that the house would take max. 16 weeks. Here we are almost 5 weeks later and nothing much has been done. Our contractor is not helpful, he doesn’t communicate well with my husband or I on what the next steps are & when they will take place. He ignores our phone calls. He has lied to us on several occasions now regarding when permits were being signed off. He sent over a work high on drugs. Today, a subcontractor came here looking for money from him. (Money we have already paid.). We want to get rid of him. What’s the best way to do it?
MassachusettsI'm new to construction transitioning from engineering and have no legal experience. Where do i find out about all the actions and legal notices that can be filed against my company or project? If my projects manage subs where to do I find out about all the actions that can be taken against them and them against me?
Items such as:
Notice of Default, Leins, Serial Letters, Rights to file for adjustment, Letters of Concern, etc.
South CarolinaMy company contracts with the State of Washington. Recently they informed me that one of my subcontractors will no longer be allowed to have access to their clients thereby unable to work. Since this person cannot work as agreed, how do I end my contract with them.
WashingtonWe had a screened in addition (bird cage) put in. The job was completed and fully paid for in June 2019, we discovered that the notice of commencement was still on our property in Dec 2019. We discovered this when we applied for an equity line of credit and the bank found this on their title search. I contacted the contractor and he told me these things take a year before they are released. Sounded like BS to me. What does the law require. Thank you
FloridaMy business was hired by a GC. After numerous attempts to get a contract from GC, the GC presents a contract that isn’t even for a subcontractor-GC contract and information was also not correct and conflicting. I refused to sign, and created the correct contract GC should give me to sign and highlighted GC contract with all incorrect and conflicting information. GC did not use correct contract I made but attempted to make corrections on his original contract, which still wasn’t right. GC then said he would not pay us money due until we signed his contract. I finally signed GC contract so I could get paid the money owed. GC left with check he told client to write for my business and invoices amount to be paid to us. Next day he said he would not pay us, he is quitting as GC on construction job and said it was because of multiple forms of breech of contract by us. Which is 100% false. He would never specifically say what breeches we had done (because we hadn’t done anything against the contract). He claimed he was licensed and bonded, again false. We requested resolution per his contract, he ignored it. We requested him to send me a termination letter. We have never heard from him again. Even if he sent the termination letter He still owes us, according to his contract, for all material and labor up to that point. Since the contract was never terminated or even his so called termination due to his false claims of our breech of contract the way his contract said it had to be handled, doesn’t he technically owe us all money he stated in contract? Not only did he screw us out of $25,000+ he also screwed his client who he was doing work for and hired us to do work for. I am desperately trying to find out how to not only get paid what he owes us but to hold this GC accountable. What he did is despicable and should not be allowed to get away with it.
TexasI had a customer order materials from me and paid in full. The shade structure was ordered and half paid for. The rubber safety surface for the playground was 25 percent paid for and some materials on hand. The customer paid on July 11 and materials were ordered and particularly paid for on July 22 the customer put a stop work request in on aug 9. Then the next communication from the customer was sept 16 to call on the next day. That is when they said to stop some of the original order and requested a refund for that. I had already received 25 percent of the order and had been paying storage for it and have since. Can they change there mind and cancel for no reason with that much time passed we are not under contract but only a quote and invoice. They have told me they are pressing charges on me and they have pressured my wife who has no affiliation with my business at all to pay them back or they would press charges on me.
FloridaHave construction contract with following: "Owner shall remit payment(s) to the Contractor based on Contractor's invoice within seven business days of receipt of the invoice. If payment is not received by Contractor within fourteen (14) days after delivery of payment request/invoice for work completed, Contractor shall have the right to stop work or terminate the contract at Contractor’s option."
Owner initially refused to pay entire draw, but eventually paid at day 17. Would like to terminate contract, but not sure (despite explicit language provided above) whether late payment received prevents such action.
CaliforniaWe were presented with subcontractors bid and contract which is a simple contract to paint a house, install 5 doors and install 5 lights. The contractor may be a fraud, we don't know how he managed to get past us. We thought we had checked licensing, but the license he is claiming is not him and the work is a nightmare. In order to stop further damage to our client's home we need to let him go. According to his wife he is agreeing. He haas no skills what so ever and the cabinets and doors he painted all need to be sanded down drastically. He did not mask much of the areas and we have had to go behind and clean up. the paint job is a mess and we want to draw up some thing to let him go and give him $500 (plus the 2000 we already paid him) for the work he did do. IN calif you need to be licensed to contract over $500, we see no license
CaliforniaHello,
I signed a contract with a Pool company on June 30th, then made a revision which took them until July 30th to work out the contract for. It’s now almost 90 days past the second contract signing and I have no dig date in sight. Anything I can do?
CaliforniaIf you terminate a complete activity from a contract and decide to do the work yourself, what would the subcontractor be entitled to.? Would it basically only be eligible for HOOH (overhead and any pro=rates if any)?
MinnesotaHow do I terminate a contract with the Contractor who has left Panama City Florida and has not performed the work but has passed my Contract to another Contractor that I do not wish to use? My Insurance company has give me a Contractor to use.
FloridaDear Sirs.
On a current project were I am involved as Project Manager from Supervisor side, we have these Contractual Clauses that states the following:
"Clause A: Notwithstanding the above, the Employer may terminate the contract for convenience."
"Clause B: If the Contract is terminated for the Employer´s convenience or because of a fundamental breach of Contract by the Employer, the Supervisor Consultant shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation of the Contractor´s personnel employed solely on the Works, and the Contractor´s costs of protecting and securing the Works, and less advance payments received up to the date of the certificate."
Client wants to terminate the Contract at his convenience, and our concern is that , the clause B is a valid clause or it can be challenged by Contractor at the Arbitration requesting for loss of profits or any other monetary claims.
Note: both parties waved going to Civil Courts meaning the Arbitration Tribunal is mandatory.
Thank you in advance for your insight
Best regards
Mário Morais
New YorkSigned a window contract. Next day canceled. Window company threating us with sueing. No services have been exchanged. We can't afford 30,000$ windows. Pushed into signing. Can they sue us for not going though with contract?
Florida