Quick question. I just had an ADU built (conversion of a garage to a 2 bedroom living dwelling). I read California has a 1 year warranty period (as well as 4 year and 10 year for structure). Although this was not listed in my initial warranty, I wanted to make sure if there is a repair needed (on this new construction) within the first year, that it should be absolutely covered by the Contractor.
Thank you,...Read More
A contractor we hired for paver hardscape installation
They stated pavers, materials and installation would be done that day but left a mountain of sand in the street and after calling them to ask why pavers had not arrived with workers as promised they said it will take at least another week for the pavers. We cancelled the job and they threatened us with mechanics lien unless we paid 450.00 for the sand. They refused to justify that much for sand and threatened legal action and it was non negotiable. We filed a complaint with ROC but they dismissed the claim saying it was a financial dispute. We don't want to pay because it is such an overcharge; and are willing to pay half that since we had to dispose of the sand ourselves; HOA requiring material on street to be removed after 72 hours. Not sure what to do at this point...Read More
Ok I am reading the updates on TN Lien Laws and I read "For home improvement contracts, additional “notice” language must actually be built into the contract between the general contractor and the owner. There are no notice requirements on such projects for parties other than direct contractors." Exactly what language needs to be updated in our contract, or what needs to be added to make sure that we are following state lien laws. I have a bunch of questions, so there will be many more to come below.....
Notice of Commencement Question:
The statement "Residential (Notice of Completion NOT simultaneously recorded and served): Lien and response (if applicable) required within 90 days of actual completion of project.", is this referring to Filing a Notice of Commencement and Notice of Termination at the same time. If not what does this mean?
The Statement "Residential (Notice of Completion Recorded and Served): Lien and response to Notice of Completion required within 10 days of date on which Notice of Completion filed." Does this mean that once a Notice of Completion is filed, we only have 10 days to file a lien? Also are we as the General (Prime)Contrator filing the Notice of Completion or is the owner.
This Statement "Yes, notice is required in Tennessee. As well as recording the Notice of Lien and Sworn Statement with the Register of Deeds in the county in which the property is located, the lien must also be given to the property owner. This may be accomplished by registered or certified mail, return receipt requested." Who sends notice to Property Owner? Is this automatically done through Levelset if lien is filed through levelset. If we file the lien through the county registers office, do they send the lien notice to the HO, or do we need to send this information to the HO?
I just want to make sure that we have procedures in place for and Apex is protected fully by these procedures. As collections manager it is my responsibility to make sure this happens and just want to make sure that I am correct in doing so...
I am a self employed sub contractor of entertainment (musical) performances at nursing homes in the States of CT and RI. My issue is in reference to one my CT based clients, for which I do programs at 5 of their facilities in both CT and RI. I know that I am not the only entertainer that is having issues in collecting. I have a date going back to April 2019 and a different facility for June 2019. The rest are monthly performances beginning with September 2019. They are now 6 months is arrears. The email address on their website is incorrect. I did obtain an email address to which I sent a respectful letter several weeks ago, with no response. This site appears to pertain only to Construction job, is that correct or does it also apply to other vendor situations? Thank you for your time and any information or direction you can provide. Sincerely, Judy Hall Gray, Hope Valley, RI...Read More
Hello, I am looking for some construction contracts. Is there someone here who can help me with that? I am looking for the following contracts: 1. Lump sum contracts 2. Time and materials contracts 3. Cost-plus contracts 4. Unit price contracts 5. GMP contracts...Read More
I have a subcontractor who is pushing back saying invoice numbers are required to be included on lien waivers. I have lien waivers broken up by job/amount and through date. My template is provided by LevelSet and we did have it reviewed originally reviewed by an attorney. I can't find any language supporting their claim but want to be sure before telling them they are incorrect. ...Read More
I am a contractor having to serve a mechanics lien on a property who will not pay us for the completed work. This is happening in the state of Pennsylvania. I do not live in the state of Pennsylvania. Is it okay for me to have my notarized portion done out of state?...Read More
This is going to be an Accord and Satisfaction question but let me give some background. I am a small residential concrete finishing business in Ohio. The customer requested a quote to put a concrete skirting/patio around their new in-ground pool after the customer had backfilled the existing excavated trench around the pool with gravel. The quote for the patio was $5,600. The customer then verbally asked for a price for the gravel backfill which we verbally agreed to a combined price of $6,500 for the concrete work and for 20 tons of gravel backfill with additional reasonable cost if it needed more than 20 tons. It required 28 tons of gravel so the final invoice was $7,300. It does not appear that there is a big issue with the final gross amount of $7,300. The customer was very hands-on with comments and demands throughout the project work. The critical item was that he filled the pool with water before we arrived and wanted us to put plastic (i.e. visqueen) over the entire pool and down between the future concrete edge and the side of the pool in order to prevent splatter from getting in the pool water. I told him that the plastic would prevent a good concrete finished edge up against the pool side and that he would need to cut the plastic away after the concrete dried which may leave some plastic showing. He said "do the best that you can" but insisted on his process. I told him that the normal practice is to do the work without water in the pool and have a solid edge between the poolside and the concrete in order to get a good finished edge. His dispute is with the quality of the finished edge but I am not asking for advice on resolving that issue. My question is with Accord and Satisfaction. My final invoice (invoice #1722 dated 10/4/22 for work that was completed on 9/23/22) for $7,300 is itemized as $5,600 for the concrete work and $1,700 for the backfill but it is all on one invoice (i.e. not separate invoices for the backfill and concrete work). I have had several discussions with the customer regarding the quality dispute and he refuses to let me on the property to assess and remediate. There is no dispute on the quality of the gravel backfill portion of the job. I finally offered a $500 goodwill credit to resolve the issue if he pays $6,800 which is did not accept. He verbally offered $5,900 as payment in full which I declined. He then sent me a letter in the general format of an invoice and labelled it "corrected invoice #1722". His corrected invoice is organized in two parts ($2,108 for the gravel and backfill and a $5,000 gross amount for the concrete). I have no idea how he came up with $5,000 as the gross amount for the concrete work when my invoice (and initial written estimate) shows $5,600. I also do not know how he comes up with $2,108 for the backfill when my invoice shows $1,700. In short, his gross amount of $5,000 + $2,108 = $7,108 as compared to my invoice of $7,300. I would have been fine with this difference but he then deducts $839.15 from the $5,000 to arrive at an amount of $4,160.85 for the concrete work. He issued two checks (one for $2,108 for the backfill and one for $4,160.85 for the concrete). The check memos say "concrete" on the $4,160.85 check and "backfill" on the $2,108 check. The checks do not say "paid in full" but his letter/corrected invoice, as well our discussion, leads me to reasonably assume that he intends the payments to be considered "payment in full". My understanding of Ohio Revised Code 1303.40 is that if I cash the checks, it will be considered payment in full under Accord and Satisfaction doctrine. My questions are 1) I assume that I should not cash the concrete check as it will likely be interpreted as payment in full. 2) Can I cash the backfill check which exceeds the backfill portion of the invoice and preserve my rights to collect the full amount on the concrete work? 3) If so, should I refund the overpayment of $408 on the backfill or just treat it as a deposit or partial payment on his account? 4) If I treat the $408 as a deposit, should notify him and, in that notification, should I state that I reject his concrete adjustments and request that he acknowledge that I am cashing the $4,160.85 check as partial payment of the concrete portion of the invoice. 5) If I proceed as stated in #3, and the customer accepts, can I cash the $4,160.85 check. 6) Do you have any other advice. Hopefully this has been entertaining to read and potentially be an example for your future blogs or customers. Please send response to firstname.lastname@example.org...Read More