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Pay application over payment

CaliforniaBack ChargesPay Applications
Anonymous Contractor

Hi, I work as an owner’s rep and have recently taken over this project (from a prior owners rep). The GC has been over billing in previous pay apps, and the previous owner rep paid these amounts, despite these being more than works completed. I now have audited all pay apps and need to deduct funds to get amounts released in line with works completed, but I’m not sure how to do this. Can I just adjust all amounts and deduct the funds overpaid from the next pay apps? This could mean that the GC does not get paid in the next 2 to 3 months. Is there a form to submit the deductions to the GC? We use an AIA pay application form. Thanks in advance for your help.

1 reply

I think the best advice you are going to get here is to consult a construction attorney as soon as possible to talk you through this sensitive issue.  
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