GC is failing to pay us but wants us to come complete the punch list. Should we finish the punch list or pull off for nonpayment
4 replies
Mar 6, 2020
You won't be able to get an answer without privately identifying the parties. This is a very complicated question. The person answering would need many more facts and need to know your financial situation.
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Mar 6, 2020
I don't mind putting the GC on blast. We are working on a Federal Contract as a subcontractor and the GC is past due on their progress payments. Now they are demanding us to do punch list with in 48 hours even though they have failed to pay us for the progress work that is completed and still holding retainage for punch list on top of that. To the tune of approx $65K.
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Mar 8, 2020
My suggestion would be to perform the punchlist and consult counsel to ensure your rights are timely preserved. If federal job, you have rights, probably against a payment bond. Refusing to perform punchlist work that you acknowledge is legitimate is likely not going to get you where you want to go, but will simply serve as a basis for withholding, etc.
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Mar 9, 2020
I would definitely not refuse to do work that is part of your contractual obligations as it will only give the GC grounds against you specific to your contract. My recommendation would be to read the details of your contract language because at this point nothing that is not in writing should be considered real. If you don't have legal experience on your team, hire an attorney to review the language for you.
Once you understand exactly what your contract states for this type of issue then follow those guidelines to the letter. In addition, I would recommend making sure that you put all communication into an email from here forward. Even if you have verbal conversations or meetings you need to follow each of them up with a detailed email outlining the conversation and what was said and agreed to by both parties.