what can we do

NevadaBack ChargesBond ClaimsLawsuitNotice of Intent to LienPayment DisputesRecovery OptionsRight to Lien

Im a sub for a sub that did work on a government project on Nellis Air Force Base in Las Vegas Nv. The last day we worked was on was April 20th, 2019, the job was put on hold due to mold being found in the dorms . We were originally supposed to just open the fire chases and walls to give the plumber access to the cracked drain pipes and repair the opening, texture and paint to match. When we open up the fire chases we found that there was damage and holes in the walls that was done by some previous repairs, We were instructed to repair the damage and holes and to fire caulk all pipes, we were sent hand drawn drawings on how to do the repairs by Ellard Comstack who was the senior project manager at the time , i never got a change order, i just hand wrote a paper with the price and Ellard signed it as a letter of intent and I just last month went to Tuscan to get a statement from him that says Yes he did tell me to do the work. The job has now been cancelled and it will be rewritten and will have to be rebid, Northcon was not asked to return to bid that job and we instead were asked, Northcon now refuses to pay us, they owe us 58,000.00 for the extra work. They have been paid in full . What can we do ?

4 replies

Aug 27, 2020
Federal projects are generally protected by a payment bond obtained by the GC pursuant to the requirements of the Miller Act. Subcontractors and suppliers who remain unpaid for work on the project can then make a "Miller Act Claim" which is just a claim against that payment bond. However, in order to make a valid claim against the bond on a federal project, the claim must be made within 90 days of last furnishing labor or materials to the project. When the deadline for making a Miller Act bond claim has expired, a potential claimant loses the security provided by the bond, and has to look elsewhere for recovery. Usually, this means that the amount due must be recovered through a lawsuit (which has a longer period to file) or through sending the debt to collections. A lawsuit may be appropriate for breach of contract, or pursuant to other causes of action like failure to comply with federal prompt payment regulations. Generally, a specific form of written contract is not required for a breach of contract lawsuit.
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Aug 27, 2020
ok So can Levelset help me with this ?
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Aug 27, 2020
Levelset does not assist with lawsuits, in order to file suit you would need to hire an attorney to help out. You can find a list of attorneys in Nevada here: https://www.levelset.com/payment-help/experts/construction-lawyer/nevada/
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Aug 28, 2020
I was told that levelset has lawyer that they work with that could help us.
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