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Hi - I just tried to submit a decently long question and got an error message. I'm not sure if it went through or not, so I'll try to summarize briefly. A customer is trying to prematurely exit a signed construction contract on a residential house. Between the signing of the contract and now, I had started some preliminary work like dirt work, tree removal, permitting, door and window schedule, etc. The customers' original bank returned a very low appraisal. The second bank of their choosing (Iberiabank) requires a very invasive process for the builder (me) to be on their approved list. I balked at this requests but told the customer I was willing to work with the bank if they felt strongly about using them, but recommended another bank in town who I thought would be better. At this point the customer emailed that he would like to put the project on hold and asked that I send him an invoice for the work done to this point. After receiving my invoice, he said he would not pay until her received detailed subcontractor invoices (not a clause in our contract), and that due to my unwillingness to work with Iberiabank (not true) that he was cancelling the contract. I would like to know the best way to go about 1) getting paid on my invoice I have submitted (~$6,000) and 2) seeking damages for lost opportunity and lost profit (~$100,000)....Read More
Anonymous Contractor
1 answerAdd commentJan 21, 2020
LouisianaConstruction Contract
I am a General Contractor that hired a roofing company to install a roof on a home. The roof leaked causing damage to the interior. I paid 2 different companies to fix the roof leak and repair the damage on the interior. In addition the initial company installed another roof for me that had issues and to be corrected. These damages totaled up to about what was owed on the home that got the interior damage . Now the sub contractor has placed a lien on my home owners home. ....Read More
Anonymous General Contractor
1 answerAdd commentMar 18, 2022
LouisianaMechanics Lien
I’m being forced to pay project manager under the table for work received and when I finally confronted him I stopped receiving work and been waiting on final payment Homevestors franchisee ...Read More
Joshua Fontenot
Waiting for answerAdd commentJan 18, 2022
LouisianaConstruction ContractLawsuitLien WaiversMechanics LienPay ApplicationsPreliminary NoticeRetainage
I'm a license residential general contractor in Louisiana. My client refuse to sign my contract because he wanted to add items that were not estimated in my total cost. However, The owners gave me permission to start the demolition which I did and during that period I sent two invoices for payment which they paid. I informed them I needed to get a permit on file for the project, they wouldn't sign my contract, during the demolition we came across termite damages. I repaired the termite damages, when I refused to include items to the contract, the owner decided to terminate my services. I sent an invoice to the owner for termite repairs, he refused to pay. ...Read More
Dexter Honore
Waiting for answerAdd commentMar 14, 2022
LouisianaMechanics Lien
I was currently hired by a General Contractor as a project estimator, roofing sales person and project manager. At the time of being hired, the GC offered me a 12% commission on all work jobs sold and contracts signed and a "daily rate" of about $200 for any work done on the production side of things, i.e. meeting subcontracted laborers at work site at beginning of job, collecting payment, putting out fires, etc. Since starting at the beginning of December, I've done about $350,000 worth of revenue, and really like my job. I was trained for 2-3 weeks on my GC's method of work from interacting with customers, writing estimates, pitching jobs, and performing inspections and I also signed a non-compete contract to not work with any other companies and the week I started two other estimators were fired for advertising their services on their personal facebook pages without giving proper significance to the GC's company. (Since starting, all of the jobs I've sold on behalf of the GC's company, all of his subcontractors and employees are 1099'd) When researching his GC license, the is status is set as "in bad standing for unpaid fees" and he is listed as a managing member for the license but it is for an individual that has not worked with company for years. Now that you have some context: Do I have any legal exposure for signing contracts and running jobs with with potential customers as an independent contractor for my company if I am unlicensed myself? Can the owner of my company legally not pay me unless he is paid when he is forcing me not to work with any other contractors, remain "on call" from 7am-7pm 6 days a week? Recently, I have been having trouble getting our subcontracted laborers finish some work at a property, I have already worked at this property for a total of 45 hours and have yet to be paid for it, I believe the sub has been absent and ignoring my calls because he has been yet to be paid as well. The homeowner is dissatisfied with some of the work quality and wants additional work and repairs done at no charge, putting me in the middle of situation, unpaid without any leverage to collect. I feel like our working relationship indicative of one as a traditional employee rather than an independent contractor so if anyone could give me clarification on that it would be great as well. I was told by a friend in the industry that he believes any contract I sign on the companies behalf as an unlicensed agent or representative is legally null and void or that I can technically be sued for not having insurance or a license when our contracts are reflect that I, the signing party am a GC with the state, rather than the GC who owns the company. Please let me know what my options are to get paid, if my status as an employee is misclassified, if I have any legal exposure for signing these contracts, if the contracts I sign are legally binding, what options I have to create leverage to get paid for unpaid wages, and do I have any rights to collect payment for exclusivity and being forced to be on call for 72 hours a week?...Read More
Anonymous General Contractor
1 answerAdd commentFeb 22, 2022
LouisianaCollectionsConstruction ContractLicensesNotice of Intent to LienPay When PaidPayment DisputesRight to LienSchedule of Values
how you categorize what a remodeling company sells? it is goods and services? ...Read More
Anonymous Contractor
Waiting for answerAdd commentFeb 20, 2022
LouisianaConstruction Accounting
My dad was about the closing table to sell his home and the lenders happen to find an SBA lien on his home that the previous owner had on it before my dad purchased the home. So his buyer's lending company does not want to move forward until the lien is removed which is about $10,000. My dad reached out to SBA but they pretty much gave him the cold shoulder and want the lien paid for. Could anyone give me some help on how we best move forward?...Read More
Jacoby Crayton
Waiting for answerAdd commentFeb 20, 2022
LouisianaLien Releases
A shrink-wrap company that installs shrink-wrap on the roof, there is a one year warranty that end 1 year after installation....Read More
Steve Fineran
Waiting for answerAdd commentFeb 18, 2022
Louisiana
We are supplying construction materials to the Coushatta tribe on a casino re-roof project in Louisiana....Read More
Anonymous Contractor
1 answerAdd commentFeb 17, 2022
Louisiana
I am in Louisiana. Completed the job Dec, 23rd 2021. Customer just got final check from insurance and is not answering her phone. There were no complaints about my work. Only praises. I work with a licensed general contractor. I did not send or get signed a preliminary notice of lien rights. Am I out of luck or is there anything I can do. Bob Mullins 504-252-7330. bob.pinnacleroofing@gmail.com...Read More
Anonymous Contractor
1 answerAdd commentFeb 15, 2022
Louisiana
If a contractor (who's licensed expired during the work being performed) did a shoddy job and agreed to let another carpenter come in to correct his issues sends a letter for intent to file a lien, what leg does the home owner have to stand on?...Read More
Anonymous Contractor
Waiting for answerAdd commentFeb 14, 2022
LouisianaMechanics Lien
A contractor filed a mechanics lien on my home for emergency mitigation after hurricane Ida. He will not settle with my insurance for the amount estimated, but will not provide an itemized invoice for the emergency mitigation. Is that lien valid?...Read More
Anonymous Contractor
Waiting for answerAdd commentFeb 6, 2022
LouisianaMechanics Lien
Hello, my name is Michael. I have done Electric work both residential and commercial for almost 22 years . I have taken Journeyman Pay scale test at the local Electrical Union , passed that test and went to work as a certified journeyman electrician . I have not ever been state licensed but because i know how to do electric work very well i have done some side work for people in my community and a few out of the town i live in . I am aware of some of the requirements to do electrical work and try not to bid or do big jobs that require having a license . I recently went to Baton rouge to just replace some lights in a gas station from the old type t-8 bulb lay in fixture to the new LED fixture . Basically i took 3 wires apart , took old fixture down and replaced with new fix. that the customer purchased. My job requirements were to Load 56 lights in a trailer i rented with know refund required. Drive them to Baton rouge from west monroe la. install those 56 fixtures in a gas station and then go to another gas station , same owner, and install 9 led canopy lights over gas pumps and that is it . Agreement we made was that i get gas tank filled up before i left , then i get $700 after lights are installed , one night paid hotel and gas tank filed for home . simple! now i have the store owner threatening me to not pay me because he complaned about my hours even tho i kept total agreement on work being done payment for that work i dont want changed . i installed the first 56 lights , he complained of my hours so i said lets settle here and ill go home . just pay me for lights ive installed and they are correct and he hasnt complained about work done . so i want to know my options cuz now he says he wont pay a penny if i dont do all lites or all he thunks i should do is what im scared of that and him not paying period . is it to late for me to make him sign my invoice / contract with above details written on it and just make sure i write down where we are at in the job and whats left . no money has been given yet . just one tank of gas and one night hotel . i have feeling he wont quit till i get mad and leave and i want to know do i have a leg to stand on. please know i thank u for the time and advice. i know this is small to u guys but it is what it is . ty...Read More
Anonymous Contractor
Waiting for answerAdd commentFeb 5, 2022
LouisianaLicenses
My house had a fire at it. We ended up initially using USAA’s contractor. We ended up letting them go and hiring our neighbor. He told us he was insured and licensed . Toward the end of the project out of the blue my contractor told me i owed him $7000. I asked him for what due to this being an insurance claim and i paid him every dollar the insurance company sent to me. He told me insurance didn’t cover all the costs associated with the project. I told him in order to get whatever money he thinks is owed he’d have to talk to my insurance company. He reached out and USAA told him they needed documentation for what he is claiming. Well my contractor never submitted any paperwork to them. So my contractor said he was going to file a lien against me. This was prob around 90-100 days after i moved in when he told me he was going to file a lien (When we moved in there was a ton of work that still had not been done - No door knobs, painting, tons of trash, patch work, No fans, no fire alarms etc etc) my question is does he have a right to file a lien against me for an insurance claim that i paid him for when he was not liscensed or insured. And now it’s been 6 months since we’ve moved in. ...Read More
Anonymous Contractor
2 answersAdd commentFeb 3, 2022
LouisianaMechanics Lien