I’m a project manager who’s company GCed a multi million dollar residential project for a cousin. Originally my brother started the project with his own company. He didn’t submit a bid to receive a deposit, and spent 45k of his own money before submitting an invoice (which I did for him). Both parties wanted me apart of the multi-million dollar project so I formed an LLC with my brother. The customer wanted to do time and material so I told them both I need 2500 a week, 22% for our company payroll and 15% from any subcontractors he preferred working under our license. We end up with a verbal agreement( big regret) for him to pay my company 15% of the cost as he sales each building. The sum was projected sales was around six million dollars. My business partner (brother) and myself would be paid 1500 a week a piece as an advance. 5-6 months into the project the PoS customer decided he’s not selling the property. I reminded him that since he’s not selling and he wants to turn his project into a Time and Materials job what the cost will be and that I needed receipts from all subs working under our license. I asked one of the foremen from one of the subcontractors, that I developed a relationship with, to forward me one of their approved bids only to be told, a few days later, that the customer didn’t want me to have that information. I confronted my relative with this information only to be hit with another lie saying he didn’t say that and he would forward me what I needed. I left a short time later after we couldn’t reach an agreement after he refused to forward receipts. I have all the information related to what I’m owed in personal wages and 22% from our company but since he never turned over a receipt/ approved bid how do I go about putting a dollar amount of what I’m owed?
As to how to get the information, it sounds like you are headed to a lawsuit. If you do file suit, the information should be obtainable through the discovery process, more specifically, a request for production of documents.
If you are trying to get the dollar amount for a mechanics lien, you will have to make a good faith estimate. You should, however, document your requests for information as it could leave you open to a claim for slander of title.
Something that is unclear in your question - whether the owner or the subs are responsible for the 15% fee for operating under your license. Your contract sounds highly atypical. As a "GC" you should already have information from your subs. Because of these issues, you should contact an attorney in your jurisdiction as soon as possible.
The customer is responsible for the 15%. This dispute is in Louisville. I left a message on your voicemail.
I have not received your voivemail. Please call me at (502) 594-8260.
If the contractor makes financing payments to a subcontractor under a cost-reimbursement prime contract, the contracting officer should accept the financing. However, the burden of a list of use tax rates per location, it is best to refer.