I have searched online of what back-end loading is and there isn't much about it, I would like some examples of when a contractor would use it, or what are the ramifications of using this method. and why would a contractor use this over Front-end loading?...Read More
I believe a person was impersonating as a licensed general contractor. When I verified the license in GA, the license belonged to a completely different individual. When I called the provided insurance carrier of the general contractor, the insurance company said the company did not have an active policy. Unsafe electrical and structural work has caused many problems but I do not know the proper legal process to follow. I believe a breach of contract seems correct however since the company has no verifiable information or entity, it actually sounds more like fraud and criminal negligence?...Read More
I was currently hired by a General Contractor as a project estimator, roofing sales person and project manager. At the time of being hired, the GC offered me a 12% commission on all work jobs sold and contracts signed and a "daily rate" of about $200 for any work done on the production side of things, i.e. meeting subcontracted laborers at work site at beginning of job, collecting payment, putting out fires, etc. Since starting at the beginning of December, I've done about $350,000 worth of revenue, and really like my job. I was trained for 2-3 weeks on my GC's method of work from interacting with customers, writing estimates, pitching jobs, and performing inspections and I also signed a non-compete contract to not work with any other companies and the week I started two other estimators were fired for advertising their services on their personal facebook pages without giving proper significance to the GC's company. (Since starting, all of the jobs I've sold on behalf of the GC's company, all of his subcontractors and employees are 1099'd) When researching his GC license, the is status is set as "in bad standing for unpaid fees" and he is listed as a managing member for the license but it is for an individual that has not worked with company for years.
Now that you have some context:
Do I have any legal exposure for signing contracts and running jobs with with potential customers as an independent contractor for my company if I am unlicensed myself?
Can the owner of my company legally not pay me unless he is paid when he is forcing me not to work with any other contractors, remain "on call" from 7am-7pm 6 days a week?
Recently, I have been having trouble getting our subcontracted laborers finish some work at a property, I have already worked at this property for a total of 45 hours and have yet to be paid for it, I believe the sub has been absent and ignoring my calls because he has been yet to be paid as well. The homeowner is dissatisfied with some of the work quality and wants additional work and repairs done at no charge, putting me in the middle of situation, unpaid without any leverage to collect.
I feel like our working relationship indicative of one as a traditional employee rather than an independent contractor so if anyone could give me clarification on that it would be great as well. I was told by a friend in the industry that he believes any contract I sign on the companies behalf as an unlicensed agent or representative is legally null and void or that I can technically be sued for not having insurance or a license when our contracts are reflect that I, the signing party am a GC with the state, rather than the GC who owns the company.
Please let me know what my options are to get paid, if my status as an employee is misclassified, if I have any legal exposure for signing these contracts, if the contracts I sign are legally binding, what options I have to create leverage to get paid for unpaid wages, and do I have any rights to collect payment for exclusivity and being forced to be on call for 72 hours a week?...Read More
how do i fill out a mobilization invoice for my GC in california, he wants that and said should be around 20k-30k our contract sum is 825,000. how do i go about this?....Read More
A contractor listed a 275 charge on our flooring for delivery. They did not deliver the flooring, we had it. They claim it is for their "trips" for nails and glue. How much should we have been charged, if anything? They already had nails and glue with them. Price on job said nails and glue included. They did not know they needed nails and glue originally, we thought they were doing a floating floor, but we were told by worker why this would be bad, and we agreed to the change, and they continued with their work....Read More
Hello,
My question is specific to funding or allotments on the draw schedule related to appliances, hardware, windows etc.. Say for instance line 32 reads windows and doors and the draw amount is for $40k am I correct in saying that the builder has determined $40k will be need for all windows and doors? However, if I am not happy with his selection of windows or doors is it my right to try and find the windows and doors that meet our expecations with the $40k he has budgeted for? Of course if I should go over the $40k amount then I understand it comes out of my pocket.
Thank you in advance for your help
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Tom, as a (former) residential real estate developer, I realize that the question I am about to ask is difficult to answer without a lot more data. However, I am now in the food products business (would be a refrigerated food) and I need to build a Use Of Funds surrounding the building of a manufacturing plant. In general, can you suggest a cost per foot to build a manufacturing plant that would have all of the codes met for the processing of a food? Even a $200 per foot range is still fine (e.g. $400-600 per foot). ...Read More
Had a contracted insurance adjuster come to my grandma’s house to look at her damage. While he was writing everything up he tells her he is a general contractor and can fix the house. Ask her to sign paper work where her insurance money goes straight to him and he will give her back what it doesn’t cost to fix her house....Read More
I NEED HELP FILLING OUT A SCHEDULE OF VALUE AND HELP WITH HOW TO USE LIEN WAIVERS. I WOULD APPRECIATE IF YOU COULD HELP ME WITH THIS PROCESS AS I HAVE NEVER HAD TO DO THIS BEFORE. THANK YOU....Read More
We have a 9 million dollar project and the contractor appears to be front loading the Schedule of Values. The submittals are 3% which does not seem high but it is a large number. Where else do contractors typically hide or fluff up the values? Thank you....Read More
I have a client that wants to pay partially in a payment plan for 12 months (money he already has received from the insurance company, but it's stating because of covid19, he is struggling financially. What can we do to protect ourselves, in case he stops paying the monthly payments after the 90 days? Thank you for your help.
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Can you give me some examples of payment schedules? like for jobs that are $50k and less? What are others doing out there? What do you think is best?...Read More