After a Change Order has been agreed, if it is later found that there were errors in its preparation (incorrect exchange rate applied, for example) or impropriety on the part of the contractor in overstating the resources employed, or even discovering that the work the contractor is claiming as additional was in fact actually part of the contractor's responsibilities according to the original signed contract, can the Change Order be revised or rescinded?
Of note, I am coming late to a contract that has not been managed well.
Grant S. Murdie, MSc, CEng CEnv
email@example.com ...Read More
We have a customer in Hawaii that has avoided paying the balance of the job with various tactics including holding up change order payments for warranty work. I have been instructed to start the lien process and recover the $26,597.42, in full....Read More
I AM A HOMEOWNER WHO HAD A SOLAR SYSTEM INSTALLED 2 YEARS AGO AND HAVE MANY TIMES ASKED (BY LETTER) TO HAVE THE SYSTEM REMOVED. THE COMPANY DEACTIVATED MY SYSTEM DUE TO NON PAYMENT. i HAVE SENT LETTERS TO HAVE SOMEONE CHECK AND NO ONE HAS GOT BACK TO ME. I HAVE THE PANELS ON MY ROOF WITH NO SERVICE. I INVOICED THEM FOR HAVING THE PANELS ON MY ROOF AND NO RESPONSE. I WANT THE SYSTEM ACTIVATED AND SOMEONE CHECK IT TO BE SURE IT IS WORKING. I HAD TWO INVERTERS REPLACED THE SAME YEAR IT WAS INSTALLED. I HAVE HAD ANOTHER COMPANY COME OUT TO CHECK THE SYSTEM AND WAS TOLD THAT IT WAS NOT PRODUCING THE KWH IT WAS DESIGNED FOR. DON'T KNOW WHAT TO DO.
The Owner claims that payments shall only be based on "As-built, As-installed, Quality-accepted" workmanship. But the contract says nothing (or even implied) about that. The progress payment clause says the Owner shall pay to the Contractor for every $30Million accomplishment. In this statement, I presumed that "accomplishment" means, as-built, as-installed, quality-accepted works + percentage of materials delivered but not yet installed (in consideration of helping the contractor ease his burden in paying the fabricator abroad for materials that are yet to be fabricated and shipped).
The materials are Pre-Engineered Steel fabricated abroad and requires cash-to-cash payments (downpayment and progress billings even before shipment). ...Read More
I paid a " friend" $ 4000. To do several jobs at my house. All the jobs are listed on a piece of paper and he signed it. Needless to say the did only 1 job out of 8. I asked either finish or pay me back. They only reimbursed $1300. I have the signed paper i told him that wasn't enough and he said that was all I was getting back. What can be done with the lowest cost to me.
We always request a joint check agreement on our jobs with Hawaii contractors. Normally we have a general, sub, & supplier (our company) and have a JCA between the 3 of us. If we are just working under the general, can we still have a JCA and it would be between the owner, general, and our company?...Read More
My contractor has failed to complete the construction of accessory dwelling unit by the contract's deadline. Has not shown up for work in several months and his license has not been renewed. Twice he's promised to come back in the last two weeks to start and hasn't shown up or answered phone calls. What are my options for recovering fees paid?...Read More
We are an MEP consultancy with a satellite office in Hawaii, our project is located in Honolulu and we have completed some engineering work but the project manager is refusing to pay the remaining fee owed to us. What should I do?...Read More
please advise the letter for, if the suspension order is issued to the MC due to his work permet / licence is expired, under nec4, the cost due to claiims raised for the subcontractor and the supplier, the site activities during the suspension period and the accleration cost for catch up the program if the licence is reumed a month later. all this cost should be main contractor own cost (disallowed cost)?...Read More