I dispute the contractors claims of services that were not provided. They placed a lien against my property however I was not notified by the clerk of Courts it was recorded. What are my options?...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
If you’re buying a property and part of the sales contract states that a repair is being done before closing. Does the buyer or seller need to sign a letter of commencement...Read More
I have a client that is refusing to pay me for the 10+ yards of concrete and rebar that has been poured through my company. The client decided to finish the job with an ex. employee and claims their contract is with this individual even though they have invoices paid to me, by check, for the first 2 (2of3) phases of the job. What I want to know is can I physically remove my rebar and my concrete that the homeowner is refusing to pay me for???
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How do I confirm I am not paying twice on a Change Work Order? The original contract included refurbishment of the porch which included; Siding & architectural details Installing porch railings & columns Exterior framing of porch Painting We determine there was more damage to the porch then originally thought and my contractor provided a Change Work Order. In review it looks like he wants to charge for the same items in the original contract which he has already been paid without giving credit. Siding Installing porch railings & columns Exterior framing of porch Painting Is it proper to have a separate contractor estimate the porch rebuild?...Read More
Not clear to me. Hold 10% until 50% and then hold 5% on each of the remaining payments. At end of the project retainage held is 10% of 50% plus 5% of 50%? Or, hold 10% of first 50% and then hold no more so at end of project total retainage is 5%?...Read More
The copy is stamped as such. My client requires an unconditional final waiver of lien, to be handed to the Title Company. It can take a week or two before the latter releases the final payment. The owner of my company is reluctant to sign such a document, before receiving the final payment. Our client suggested that we provide a "copy" of the signed waivers, then exchange originals with final payment. Is the "copy" not enforceable?...Read More
I had sent out thru mail the prelimary notice but it was returned so am trying to file another through levelset - we were held off and now restarted can i still issue a Prelim Notice with the new date?...Read More
We have struggled getting General Contractor to approved change orders for loss production & phasing of work that have been incurred since Feb 2021. We provided written notice of delay and cost claim 1 week after we began our work. Over the past year, we have sent progressive Change Requests and revisions to update of cost impact for Loss Production labor, equipment. G.C. provided verbal communication that they were going to send us 24-Hour Notice to complete all work or they'd terminate our contract. We sent Notice of Intent today, but I'm curious of appropriate remedy as we believe there is no cause to terminate us since we've proceeded in good faith with throughout the entire project anticipating resolution of change requests before the project is completed. The G.C. anticipated completion date is April 1, 2022....Read More
I am a subcontractor on this a the Amazon Moorpark project. We have not received our November payment and are getting close to 90 days past due. Our customer, Storie & severson has told us they are expecting to be funded by March 1st. This is what we are told but have no guarantee. The general still has to issue us payment once they receive funding. When should be file the intent or the actual lien?...Read More
I have a customer that will not pay. The job is not 100% because they will not pay their stage payments ( per contracted ) what are my options? the customer would ask for more time to pay and now he just blocks our phone calls. Can I still put lien if the job is not 100%? looking for a lawyer to help me in riverside county CA....Read More