Quick question. I just had an ADU built (conversion of a garage to a 2 bedroom living dwelling). I read California has a 1 year warranty period (as well as 4 year and 10 year for structure). Although this was not listed in my initial warranty, I wanted to make sure if there is a repair needed (on this new construction) within the first year, that it should be absolutely covered by the Contractor.
Thank you,...Read More
Government project overseas. All subcontractor and sub-subcontractor work performed in the USA. GC paid subcontractor for all of sub-subcontractor's work and finished materials. Subcontractor refuses to pay sub-subcontractor. Sub-subcontractor makes Miller Act claim notice. GC responds that no bond was issued or required -- asserts requirement waived under overseas project exception of 40 U.S.C. 3131(d).
What recourse does the sub-subcontractor have? Obviously, no lien could be obtained on government contract.
Can sub-subcontractor pursue claim against GC for failure to obtain bond, if the exception was not proper?...Read More
My client wont pay me after more than 96% of his project completed. From first East he was trying to stay under $60k and he added $10100 which he admitted on his text message. Is there anyway you can help me with this matter. I am looking forward to hearing from you soon ...Read More
I made a mathematical error on my bid. Each line item is priced correctly but the spreadsheet did not add up the totals correctly.
I signed a contract and attached the bid as an addendum, so thankfully, anyone can add up the numbers and see the math is simply wrong. Each item is correct, but the total is not.
However , now the cost is $25,000 more than the customer had planned.
Am I liable to pay the difference or is this a material mistake that is obvious to all parties.
...Read More
After growing a successful GC business from $0 to $15M over the last 5 years, me and my partner are now starting anew with our own company, Carbon Zero Buildings. We develop design and install multitrade energy and water upgrades like heat pumps, boilers solar, etc. Our customers are owners and operators of large multifamily properties. Our typical project size is $150,000, but ranges from $20,000 to $2M. We would like to start our business with a solid prime contract template that works for our business and our customers. And we will need the same for our subcontractor agreements, too. Can we get by with using standard templates like AIA or ConcensusDocs? Or LegalZoom or RocketLawyer? Or would we be better off hiring a lawyer to provide us with a custom template who understands the nuances of California law and/or multifamily real estate? We are on a start up budget but willing to make the investment if necessary. Any advice would be greatly appreciated....Read More
We are currently building a multifamily building in Southern California that is 2 stories of wood frame over concrete foundation and podium. We have engaged with a General Contractor to subcontract the frame and concrete work at the project. For the sake of clarity lets call this GC as GC 1. GC 1 has engaged with another company to perform the concrete and frame work, later on we found out that the company that GC 1 has engaged with also holds a General B license, which makes the company a general contractor. So lets call this company GC 2. So GC 1 has contracted GC 2 to perform the work and GC 2 has used its employees in its payroll to perform the work. GC 2 does not hold a C5 or C8 license. Does this mean that the company GC1 hired as a subcontractor (which is GC 2), does not have the proper licensing since they executed the job as a subcontract? The crew that GC 2 would pour concrete and then the same crew would switch their tools and work as framers. The quality of the work has caused problems such as problems with drywall not being level, windows not being level, water leak through concrete, additional stucco work to cover the concrete that was not properly formed are just a couple that comes to my mind. What is the best way to recoup some of the damages that were caused by GC 2 due to performing a trade without C5 or C8 license? And what kind of action can we take against the GC1 which has subcontracted this work to GC 2 knowing that the only license they have was a General B License?...Read More
I am a sub contractor working for a general contractor. I have a contract with the company for job #321. They ask me to do some extra work, but I do not get a contact. Can they hold retention on the amount due for the extras that are beyond the contract amount?...Read More
I hold a "B" license for General Contractors in California. I was hired by a tenant in Long Beach, CA and signed a contract for $54,000 to install Drywall, Insulation, paint and electric. The contracting company is in New York. They asked if I would pull permits for the job on their behalf. This was asked after we signed the contract and was to be paid separately from our contracted price.
Since the permit was for a Cannabis manufacturing facility, I was told that an all inclusive MEP permit had to be pulled. I am now being told that the moment I pulled those permits, I inadvertently became the GC for the job and became fully responsible for the both the HVAC and Plumbing work completed even though they each had separate contracts. We have been waiting months for these contractors to finish so we could complete our share of the contract.
The building manager/owner, not sure which, is now telling me that he wants to take over the job. He wants me to sign over the permits in his name and is refusing to pay for work completed and materials provided. We would also lose about $20,000 in upcoming work. He also claims that the Tenant never had a signed authorization from him to complete said renovations.
Where does that leave me?
I am currently due a draw of $17,000. The owner/manager is refusing to let me complete our contract and the tenant is terrified of him.
Did we become the GC by pulling the MEP permits? Can we stop all work on the project at this time since we did pull the permit? What would be the best way to resolve this issue?...Read More
A potential client advised she wanted to o an addition to her existing home (in California) but ended up scraping the project once the permits and compliance issues became 'too much'. I am curious what the remedy is in this case if the contractor had already done a significant amount of pre-construction work. Would the contractor be able to bill for the services provided even though the customer stopped the project? ...Read More
Im a sub contractor that didnt file the job i finished in February until just now, the large GC who i worked for owes me well over 150k and has not paid me at all even after i finished the job 4 months ago and started it 9 months ago. its too late for the 20 day, so what should i do now?...Read More
I’m a homeowner who hired a general contractor to build an ADU at my home. The contractor stated no payment was required for 12 months and the ADU was going to be built in 6 months. However, the 12 months are up and the ADU has not begun and the lender has started charging me. The contractor also sent me a request to approve work done (drywall, floors, etc.) that has not even been started yet. Now I’m trying to cancel the contract but claim I owe them $23,000 for office work. Can you please advise on what I can do. Thank you. ...Read More
I have two contracts directly with the owner meaning the owner signed the contract. I did not give a preliminary notice because of the direct contract with the owner. I have two contracts, one is under my earthworks license. The other is as a labor only contract for concrete work l, which I used licensed concrete people to do. Again, both are signed by the owner. Your website says a preliminary notice isn't needed if the contract is directly with the owner or is a labor only contract.again, both mine are directly with the owner, one is labor only. Can I put a lien with both contracts? Today is day 20 since I was there last on May 17. However I was also there to remove things and check to make sure all bmp are in place, all owners belongings are there on my 20. The contract states the customer owes 250 a day for stopping the job for months due to incomplete plans. They signed a second contract saying they've delayed at least 35 days and agree they didn't pay properly on time in the past and agree to pay $1,000 a day for late payments. They signed this third contract, but only the general contractor, not the owner. So that one definitely needs a preliminary notice. However, the first two do not, correct? Thank you!...Read More
Job type: Public works sewer line extension approx 200 ft for a private client
Issue: Owner says that they don't have funds to finish because of change orders. The owners are trying to blame us and paused the job last week. This week they changed their stance and are now saying we abandoned the job. They don't want to pay their last invoice. They said they want still work with me but bring in other sub contractors. This is way over my head and I don't know how to proceed forward.
Field conditions: Based on engineering plans the field conditions ended up being different and is causing additional work.
- asphalt ended up being 21" - on plan it was 6"
- city isn't allowing 60% of the soil excavated to be used as backfill. It was dense rock filled material.
- city isn't allowing the current location of a manhole because of field conditions and needs the location to be re-engineered...Read More
I contracted with a elderly lady to remodel her bath room i thought she was the owner she signed the contract as the owner . We completed the work and she did not pay her final bill. I sued her in small claims court got a judgement but i later found out she did not owne the property and was only renting (she spent close to 30K) how do i get the 4k she owes me?...Read More