Government project overseas. All subcontractor and sub-subcontractor work performed in the USA. GC paid subcontractor for all of sub-subcontractor's work and finished materials. Subcontractor refuses to pay sub-subcontractor. Sub-subcontractor makes Miller Act claim notice. GC responds that no bond was issued or required -- asserts requirement waived under overseas project exception of 40 U.S.C. 3131(d).
What recourse does the sub-subcontractor have? Obviously, no lien could be obtained on government contract.
Can sub-subcontractor pursue claim against GC for failure to obtain bond, if the exception was not proper?...Read More
A contractor told me he was license and insured and he was also a retired captain in the state police of New Jersey he in fact is none of these I paid him $24,000 and have nothing but a mess to show for it what can I do? I have sufficient proof of all the above...Read More
My company partially took down a tree for a customer November 7, 2017 that was suppose to be a removal. We found bees and had to stop the removal. The customer was to have the bees removed by a professional or his choosing, and then contact us so we could return to finish the tree removal. After not hearing back from the customer for several months, we contacted him to check the status on the bees so we could get the job completed. Customer hung up on me, said we should've completed the work, and he won't pay. Another call was made to the customer that day. Customer stated he won't have any money for several months due to eye surgery, does not want us to complete the job, but he will pay us only for the work completed but not until September, 2018. I called the customer October 8 to make certain he had our correct address since payment was not received. The customer said he doesn't have any money, it has been too long since we were there, and we are in breech of contract for not completing the job. Please advise....Read More
We’re a tree company in DE that removed a storm damaged tree and trimmed an additional tree on a residential property. Is tree work protected under a mechanics lien?...Read More
We are contracting directly with the University (17197 Penn State University) so does that mean we don’t have any rights under the Little Miller Act? ...Read More
I received a car from the widow of a customer in exchange for money owed for work done on the customers fabrication machinery of which I was owed 10 times of what the car was worth. The title was missing and the car had multiple problems of which I have spent time and money to repair myself...now the widow's son from out of state says that they found the title and want money or they will report the car as stolen. There was no written bill of sale and the title hadn't even been transferred from the original owner. He lost the title when he bought the car and never transferred it. I live in Oklahoma. I last worked on the equipment within the 4 month period in which i can still file a mechanics lien but the equipment has possibly already been sold to a local shop. another thing, he owned the house she lives in and took a loan out against it for his business. He was not incorporated.
I now wish to file liens on the machinery in which the work was performed if at all possible.....Read More
I am an individual, not a contractor.
I was in the process of purchasing a house from a neighbor.
The house is elevated near the water.
The foundation poles were rotted and the house was sagging.
We had a hurrican pending and the owner and I both were concerened about the stability of the house.
In the week before the storm came in I agreed to repair and replace the support post and stabilize the house at a cost of $18,000.
The house owner agreed to verbally to pay me back in the event that the sale did not go through. He also agreed to email me a simple document to that effect.
I paid to have the house repaired but the man did not send the document confirming the agreement.
The sale of the house did not go through and now the owner says that he is not going to reimburse me.
How can I file a lien on this property?
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We are a GC that did TI work for a restaurant at an airport. We purchased a P&P Bond. We are having trouble getting paid for the work due to COVID and CF issues. What can we do to protect ourselves?...Read More
Contractor hires a sub-cotractor to do work for a homeowner.
How long does the contractor have to submit sub-contractor's invoice to homeowner ?
Thanks !
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I was working in the ac company and when i was olmost finish the job i no recieve a payment and i buy somematerial but the contractor that i work he no claim the money for a general so im in the air can i claim togeneral...Read More
The 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....Read More
I was hired by a Colorado GC to install as specified in the plans provided by the architect (this included which specific products to install). There is an issue with the manufacture of the products themselves, but they were installed properly. I am being told that I have punch list items to complete because the products are not working correctly. The products are defective, but install was correct. The GC should have already received 3 draws on this project, but is saying they have not received any payment. There is a pay when paid clause in the contract. The project is in CO.
Due to the corona virus, the site (it is a visual arts center owned by a university) is shut down so I couldn't do the punch list even if I wanted to.
What steps do I need to take to preserve my lien rights? How can I send an NOI when they aren't even open?...Read More
I am a maintenance technician for a tax credit apartment building. Part-time position was what I was hired for and a couple of months into the job a maintenance technician from 2 other properties managed by the company we worked for decided to quit. The property manager I work for asked me to do some work on the other properties. So I thought I would be a team player and help. So the first project was carpet in an entire townhouse roughly 700 sq ft. I provided the carpet,seam tape and fuel back and forth which is a 90 mile round trip. I've provided 19 lbs of r22 freon several tstats and plenty of plumbing supplies etc... I provided the property manager with proper invoices for the materials and labor. Each item description of the unit used on and specifically detailed information on why I was charging them. So my property manager then tells me that they will not pay me back for the materials used to make the repairs. These properties are tax credit or 55+ low income housing and the residents have been asked to go without ac during 100° weather. What are my options for being repaid for my materials and labor? I've already spoken with the property manager about this and that's a dead end....Read More
What 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!!
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