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Contract executed in 2017

CaliforniaBack ChargesConstruction Contract

We are Cool Painting Inc a sub contractor project who performs painting. We were awarded a project with BART (Bay Area Rail Transit) in April 2017 during that time. We need somewhat the scope of the project. The project kicked off on February 2019. During this time, Clark Constructions only had us do projects outside the scope. During this time, we did not request a change order and when we billed for the work, i request for payment was ignored. They scheduled a meeting with me for next week July 30, 2020 after I filed a Stop Payment. However, before any payments can be awarded, they had me 'release the lien." which I did thinking that they will be paying for 2020, to my suprise - i sitll have NOT gotten paid for 2019 or 2020. However, I still have a meeting, Further, there are so many questions about the 2017 contract even our pay scheduel changed; since we are unionized. My question is, do you have a lawyer who specialized in construction/Public works and contracts that we can have a consult.

1 reply

Jul 23, 2020

Yery,

I am construction lawyer. I've represeneted both privalte and public works contractors for 20 years. As you for your posting, it is not clear to me whether or not the out of scope of work was done on the Bart project or another project? If on the Bart project, you need to stay on top of issuing change orders; if not, it is a new contract. If you would like to discuss, give me a call. Thank You. Andrew

Carlton & Alberola and/or Andrew Carlton have not been retained by
the recipient of the above comment and, moreover, the above comment does not
create an attorney-client relationship. The above is general commentary based
on limited and insufficient information. If you wish to obtain legal advice,
please contact Andrew Carlton at 949-954-6666 x101, or by email at
andrew@cnalawfirm.com. 

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