We have a project that has been delayed for almost 2 years. We have completed our work but our warranty period does not start until final completion. Our work has been completed for 1 entire year now and is just sitting. Our warranty is one year from substantial completion. Our work will be sitting for over a year and a half before our 1 year warranty actually starts due to delays from the GC. What recourse do we have? Thanks...Read More
Thank you for answering my question. I hired a contractor for 2 specific contracts on a home renovation to be done simultaneously. I paid the down payments in May but then had to request the contract be put on hold for 3 weeks before starting the work. After begging them, it wasn't until late September that they started work on my home and it was like pulling teeth to get them there ( constant begging as to when they would begin), it took almost 2 months to demo 2 small partition walls (only one or two day laborers would show up). another month before they started framing a new partition wall and then another month to start a pretty basic plumbing/ electrical package. All along the way I was given excuses for delays from lack of man power to "my guy is in the hospital) and that supplies were ordered and they are delayed (they were never ordered). They would eventually hit contract milestones that required me to write them checks ( which I did) but then would disappear for another month as described above. Eventually they got to the point of digging and exposing my foundation for a new addition. Not only was the excavation done wrong ( they failed to dig to the correct depth and we failed the inspection) They did not remove the concrete ruble from the site as agreed upon, leaving my property a mess. They then disappeared for 2 1/2 months and left my original foundation exposed to a couple of freeze/thaw cycles. I soon realized that they were sending people to work just enough to get to the next milestone to demand a check and the reason for the delays was due to them bouncing checks to subcontractors and the subcontractors wouldn't work with them anymore and they had burnt so many bridges that they couldn't get anyone to work for them) . It was at this point that i had enough and i fired them and went with another contractor I had on site working another job for me and everything is running smoothly. The original contractor is now threatening me with a mechanics lien because he's out of pocket (as he states) above and beyond what I paid him (over $30k). The work done? - demo of 2 partition walls, framing a bathroom, plumbing (which had to be ripped out because it was wrong) and rough electrical (which had to be ripped out because it was wrong), and digging a footing trench ( which had to be re-dug because it was wrong and failed inspection). Bottom line is the work done ( in my eyes) wasn't even close to the $30k spent. That's the background, my questions is/are the following: Can a contractor legally file a mechanics lien for the work completed even when i paid him? I thought the mechanics lien was for doing/completing work and not getting paid. What value would the contractor's lien rights be based on? - only on the work/supplies completed to the date of firing ( he's claiming yes, I paid him $30k but he's out $38k, so I owe him another $8k) would the lien be for $8k? or the full contract price?- which he never did the work. Does it matter that they broke the contract at all? Does it matter that after hiring a competent contractor, they had to rip out all the work because it was wrong?...Read More
I supplied and installed materials on a commercial project. The GC withheld major portions of monthly payments or didn't pay at all. I was unable to pay my workers and vendors. Then the GC excessively back charged my contract for work I could or would not perform due to an unachievable expidited schedule due to the GC poor coordination and management. The GC demanded that I put a large unsatiable work force to meet the expidited schedule with the promise of payment then didn't pay. The GC said that the owner was slow in payment. How do I fight the excessive back charges and collect monies due to my workers, vendors and collect for outstanding extras and change orders?...Read More
We hired a contractor to install new windows on a level of our home in Missouri where both direct employees and a subcontractor were utilized. However, it was brought to my attention that one of the workers was NOT an employee of the contractor or subcontractor but was the adult child of one of the employees. This was brought to light when said employee was observed showing their child how to utilize simple tools on site to complete work on the project. ...Read More
1. Do not release any utilities in the contractors name until payment in full
2. Do not release any Elevation Certificates or Affidavits
3. File a lien for the full amount of the contract before work began.
4. Complete a Certificate of Substantial Completion after all your work is 100% complete.
5. File a Force Foreclosure lawsuit....Read More
I built a library-style bookcase for a customer, actually two of them. The first time, built and delivered, she accepted. A few days later, she decides she wants to change the design. I sent her new price to build the new design, we agreed upon a March 17th completion date. I delivered the bookcases to her on 03/13/2022, with the plan to do the install the following week to meet the 3/17/2022 completion date.
I requested progress payment on 03/14 prior to final install...she cancelled and said she did not agree to the new contract. Then would not let me get my tools, which required a civil standby. Even then, she kept materials and tools that were mine. I gave her many alternatives to cancelling the project, including me finishing it completely, then her making payments for the balance. All of which she refused...claiming "abuse of an elder", break of contract", and misrepresentation. I was obviously blindsided by all this! On 03/23, she sent me an email with a lawyer cc'd...telling me to make an offer...and that she was going to file at the end of the week, asking for $3000.
She actually filed her complaint on 03/22, and I of course was trying to come up with ways to resolve whatever the issue was. She refused to meet me, she refused every attempt I made.
Fast-forward to 08/02/2022, the trial. Well, it was terrible. I did not know people actually lied under oath! I was prepared to defend myself with the facts...but the lies, I was not prepared for. I lost...AND was ordered to pay her $2000!
I filed a request for a new trial last week, based on "the discovery of new evidence that even with due diligence would not have been discoverable prior to trail"...the new evidence I discovered...the Customer's lies!
A few issued with this:
1. She did not serve the registered agent I have listed for my business. But now that the trial has occurred, is there anything I can do to have it dismissed for lack of proper service?
2. She made false statements during the trial that I have evidence backing up that she is lying. Could this help me?
3. This is a frivilous civil suit, which is a crime in SC. She commited perjery, said that I was, "a liar and a cheat" during the trial. Accused me of all kinds of things with her lawyer copied.
4. The judges order made no mention of my counterclaim, which was for $7500 - this customer owed me $3500 when she decided to cancel, kept my tools, kept materials that are not part of the project, refused all attempts to settle this out of court, and gets to keep an 11ft wide x 9ft tall hardwood, custom-made, gloss white, built-in library-style bookcase.
I was not prepared for trial, and the trial is over....there has to be something I can do to recover what is belongs to me. What should I do?
What I want to do is:
...Read More
I am a subcontractor in the state of Texas, hired by a general contractor, to complete a flooring installation for a commercial business funded by the state.
For the sake of the following argument, please take my words at face value.
The situation: the owners/GC are exceptionally difficult to please, beyond reason, and created weeks (months even) of delays due to their indecision and lack of communication. We had (FINALLY) reached an approximately 90-95% completion mark, and we were at the "fixing defects and completing punch list items" stage when everything all went to hell.
We offered a few different solutions to the alleged defects and vague punch list requirements ("I don't like it over here, I don't like that section over there, this piece of flooring has too much variation, that piece doesn't have enough variation, etc.). The GC said, in an email, "to standby for a decision." We received no opportunity or clearance to proceed with the job, only several emails putting us on standby and/or delaying any sort of completion, followed by over a month of silence and crickets.
During this timeframe, the GC hired another subcontractor to "fix" our work. (We know this because other friendly subcontractors, also working in the building, told us as much off the record and sent pictures of the altered floor.) In short, the other subcontractor messed it up really, really bad and to the point the floor looks absolutely nothing like we left it. In fact, the majority of our installed flooring was removed or damaged. Honestly, even if we were to fix it, it would basically have to start from scratch, materials and everything, but I digress.
SIX WEEKS WITH NO RESPONSE LATER - The GC sends us a 48-hour Cure Notice, basically stating that we are in default for not completing the work, not holding up our end of the contract, we might be responsible for costs and other subcontractor fees and legal fees and all that jazz. We responded to the Cure Notice the same business day we received it, addressed the claims therein, and again offered a variety of solutions/actions. Crickets again, no communication whatsoever.
Now, over a week after THAT email and our response, the GC leaves a voicemail about trying to reach an amicable solution and how he hopes we'll be honorable people considering how we've held up his project so long. Mind you, this is the first time anyone on that side of the project has responded cooperatively to our attempts at communication.
The GC/Owners have caused inexcusable delays, even perhaps deliberate lack of communication, with a side of shadiness by hiring another company to redo the floor while we still have an active contract. (For the record, we've been paid just about everything except retainage, and our proposed solutions and implied completion would have taken, at most, two more business days once approved.)
What actions are open to us? What state law allows us, in the absence of any other definitions or agreements, to quit and close the contract if something doesn't give?
Secondly, the contract states that the subcontractor (me/my company) is not obligated to warranty the manufacturing of another entity, but it doesn't discuss what or when our "product" is no longer "ours." As I mentioned, the floor has been altered/destroyed beyond our recognition and, officially, without our knowledge or consent if that matters. What law designates when a product stops becoming OUR product and is no longer our legal or financial responsibility? How does a subcontractor fight back in these instances when they're being unreasonably pushed and pulled around and threatened? What law or statute or anything can I reference, beyond my own documentation supporting my claims, when our latest attempt at communication/completion goes sour again, as I'm sure they will?...Read More
We are currently working for Baker Co Health Department, a Florida Health Department facility. Our contract started July 7th and we completed the interior painting for the contract on July 25th. The contract ran through August 22nd, so we thought this was a good thing finishing early. They went on to place blue tape throughout the facility for a "punch list" from July 25th-August 5th. We went back 5 times for this process. We finally drew the line and asked the facilities upper management for a meeting to receive a final written punch list and complete the project on August 10th. They have told us they will get us a written list and a meeting to work through the list. This still has not happened and Monday is the end of the contract. It states they can fine us 100.00 a day for incomplete work. It can't be completed due to not getting a meeting or punch list. We need to know what recourse we have at this point and is there any type of notice to be sent to push the issue to force them to do their job. Is there anything we can do to get paid, our contract work has been done for weeks. We understand we cant lien a government facility, just need to know what can be done....Read More
We terminated contract with GC's rep that is using GC license, due to terrible workmanship & found out that he has not paid subs for work. Initially this person said his partner, Judson Bentley held the GC license, well that is BS and he just uses the GC license. This person now has 90% of money-at least 50%of job left to complete. He is non-licensed contractor in general who voluntarily closed his corporation with the State of Florida during the job, he still cashed checks from us. He obviously did not pay taxes on this money. When we found this out, he signed a personal responsibility note for us, we then wrote checks to him personally since we were not comfortable writing checks to a Name that did not exist any longer. We asked every time we wrote a check, did you get a corporate name yet? Not yet, blamed the State for the delay. He forged my spouse's name on Permit Docs with the City, he demanded $ from us weekly to keep the job going and we have saved voice mails of proof, on May 12th, he left the job due to questions from us, the homeowners, about the workmanship when we had called the product manufacturer for input of what he used on floors, they arrived May 12th, tested, determined not used properly by non-licensed person and that the tile in the bathrooms needed removed as well. Instead of using subs, he did the floating of the floors and the tile in the showers, when we questioned the work, he said he has done tile and flooring for 30+years. He blamed the flooring product, blamed the tile we picked for the tile shotty job. We need to now jack hammer the second time, the crap he used improperly on the floors, tear out the showers due to the way he did the tile job & need to find a new GC to finish job. We since found out that he did not pay the subcontractors such as drywall, electrician, cabinet guy. We have contacted 3 of them to offer the opportunity to finish the job, offering to pay them for non-payment from this jack- - -, they have been contacted by him and now not responding to us. He did Not have Workman's Comp on workers he had on job, the General Liability Insurance is in the GC's name that he uses, and the insurance company is not giving me any info to verify the Dec page provided to the Condo Association. This guy will not release our Doors, Hardware, Primer, Paint, Quartz Countertops, Baseboards, and the guy that has fabricated our cabinets for kitchen and baths has not given a price of what is due to him, + other items we paid him for. He brought in a water heater that has a warranty card from 2016, when we asked for the receipt he could not provide one. We have a Notice of Commencement, there are at this time no leins against us or our property. The City permits under the GC end June 20th I believe. He now is very anxious for us to sign a "Hold of the Permits", which I see no rush to do for his convenience. What if anything can be done with this bad situation about this guy and am I allowed to put this info online to the public with pics of the work?...Read More
Contractor made a major mistake when the employee did not follow the manufacturers instructions installing HardieBacker in a walk-in shower. There is an ongoing dispute and contractor refuses to go to mediation as required in the contract. Contract is not yet paid in full. Can the owner terminate the contract and hire another contractor to do the job?...Read More
We are the property owner and running it as a hotel. Because of the slow economy, we don't have a stable cash flow. Our hotel renovation has come to a complete stop since last September.
We know there is a dealine in NEVADA to file a Mechnics Lien for the Contractors and Subcontractors that is 90 days, which from this point of view the Lien Rights for them has expired. In this case, can they still file a Mechnics Lien on our property? What will be the impact for our Property if any one of them file one？...Read More
We have been served a " Final Notice of Default" from the main contractor on a job, stating we are holding up any other trades. The notice gave us a 24 hour notice to complete the last slab of granite. Which has a delay due to the current world situations. We have in the contract red lined to delete"Damages to contractor for Delay". Is the defalt letter legal....Read More
We are a material supplier on a louisiana state project. We supply directly to the general contractor on the project. Do we have to wait to file a lien until the whole project's Substantial Date of Completion is up or can we file a lien when OUR portion of the material supplies provided are complete?...Read More
Hello,
A client is holding off payments for the following reasons:
1) He wants us to finish a small list of final items prior to partly paying an invoice (not the final invoice)
2) He wants us to replace some tile in his bathroom floor that has some damage. We have offer to replace the tile, but he doesn't want to do this until after the holidays (in at least 30 more days)
3) He has moved in and wants to spend the holidays and then send us an additional punch list after the holidays
4) He wants to add items that were not in his scope of work and he feels that because his project was expensive we should work on these items for free
5) He says he may, next year, want to tear his balcony that was fully finished 8 months ago and instead of having drains make a slope for water to drain to the side of the balcony.
6) He wants a licensed electrician and plumber to sign off on his job. We did not use a licensed plumber, but everything in his house is working properly. We did not use permits for his project.
My question is, are any of the above legal reasons for him to not pay us?
...Read More