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Backstory: In early 2020 we were approached about doing the Electrical portion for a New Construction Maintenance Facility County Project in Texas. The GC had already received Electrical Bids from other Contractors (so he said), and since we were doing another similar project for GC asked if we could do job for $xx,xxx amount? We told him we had to see plans and do take off, cost analysis, etc. GC tried to press Owner/Master Electrician to commit to cost saying that it would be an easy job, but we insisted on seeing plans before committing to anything.
When I got copy of plans I immediately noticed issues. Sheets were missing that contained the One Line Information (Electrical Service Size, Type, Etc.), as well as the Service Site Information which gives details for the Underground Service (Conduit, route, distance, etc.). I informed GC that I needed these sheets before I could give accurate cost analysis, but while he is getting them I will do the Take off on Gear & Lighting.
The next day when I submitted Schedules for The Gear & Lighting to the appropriate vendors, I was contacted back by three separate vendors saying that we did not have the correct plans for this project, the ones I submitted were rejected, and had been updated with new plans. I immediately informed the GC of this claim, and submitted an RFI stating we needed correct plans, as well as missing sheets with One Line.
After about 3 weeks of multiple requests, the GC informed me that these are the plans we are to use, and ONLY these plans. I relayed to my Lighting Vendor the directions, received my Quotes from them, crunched the numbers, without the specs for Site Service & Meter, and submitted Estimate which included only Interior Power and Lighting from the sheets I had. We were informed the the Service Design was having to be redesigned by Power Company, and once approved, we would be provided to issue a Change Order request.
After submitting my Estimate to GC, he asked if I could sharpen my pencil a little, dropping about $3,000 in Estimate? He also made the comment that if needed, I may be able to make a little back from the Exterior Site & Service Change Order that would be submitted when plans became available. I looked it over and agreed, bringing it down to below the figure he had in mind. Contracts issued, signed and returned, material submittals completed, and then the wait.
Six months later, every Sub Contract receives a group email informing us that we all had been using the wrong plans. We were given access to correct plans and the Electrical was still missing the One Line & Site Diagram for the Service. Fortunately, I did not need to alter my estimate since the Lighting Vendor had submitted cost for the correct plans that they had. I did need to change my count on a couple fixtures, but the count was lower, so really didn't affect anything for me.
As work kicked off I made continual requests and reminders that we didn't have the design and layout for the Service, and this could potentially have dire consequences for the projected timeframe due to lead times needed to get Change Order Submitted and Approved, and I would not place orders for Materials until I knew we had approval.
At the end of October 2020 we receive the One Line and Service Site Sheets. We are about 50% complete on the original Interior work. I prepared the Change Order Immediately using EBM (an Estimating Program) and National Averages built into the Program. The Change Order was higher than the original Estimate (original$50k, change order $65k), since Change Order had over 330' of Trenching, multiple runs of 4" Schedule 80 Conduit totaling over 650', #500 CU Wire totaling 330', and #4/0 CU Wire totaling over 720'. Change Order Submitted to GC on 11/3/2020. After a few more changes made by Architect, I submitted the final Change Order on 11/18/2020. Sometime after that we were informed that it had been submitted and was under review.
On December 15, 2020 we were informed the Change Order had been approved and was asked to get materials ordered. I informed the GC that I would need some form of acceptance of Change Order, even if it had to be a Letter of Intent before I could place the orders. During this time there was some talk with Master Electrician/Owner about some of the work on Change Order should have been included in the Original Estimate. I was not included on these conversations, even though I am the Sole Estimator, and only person that worked on the Estimate. The ME/Owner got GC on phone and conferenced me into the call. I reinforced that I did not include any work that pertained beyond the canopy of the building because I did not have Plans which specified the design of service, size, or route. I did not know the length of service conductors from Transformer to Panel inside the building, so therefore could not provide accurate cost.
I was told that there was a sheet which showed potential routing of Utilities (Water, Sewer, & Electrical) in the Civil Drawings section, so I should of included at least part of the Trenching and PVC Conduit in original bid. I told them that I had informed them over and over that I could not provide cost without the One Line & Electrical Site Plan, and the Civil Drawings were not detailed nor accurate to existing conditions when doing the walk through. My Change Order included Scope Of Work which explicitly detailed the Trenching & Conduit in the work.
On 01/21/2021 we were informed that the Change Order was Issued to GC. The same day I received Contract for Change Order in the amount of my Estimate. 4 hours later I received another email stating that the first Contract for Change Order was Voided, and a new Change Order Issued with a $15,452.18 deduction for scope not required. The contention is that since Civil Drawings had an approximate routing of utilities, I should have included in my Original Lump Sum Bid. Therefore, they were taking my itemized Change Order, applying my cost formula per square foot to the Lump Sum Bid, and deducting that as a charge back.
After multiple emails disputing there claims, they are know having no communication with me, and pressuring the ME/Owner to sign the Contract.
Now, if you are still tracking with me, here is the kicker!
Through Open Records available I have discovered that GC Altered my Change Order before submitting to County. He raised my costing from $65,299.24 to $83,325.04, an increase of $18,025.80, then applied the Contracted Allowable Markup for the GC when submitting Change Orders in the amount of $9,585.79, for a total increase of $27,611.59 above my Change Order Amount. Then, if you add in the amount of the deduction which they are trying to impose, the Gross Profit the GC is trying to gain off my $65,299.24 cost is $40,899.37.
Main Question--Is it legal for the GC to take my Change Order Estimate, alter the cost, submit it as if it is my cost to the County, then pocket the difference?
Thank you!
I did some work at a Naval yard for a first tier sub contractor. As the work progressed the sub contractor said that I was working for the General contractor and to get my contract from them. The General said that the change orders would be coming in and the contract would be worked out. After three months we finished our work without a contract from either party. Both contractor and sub contractor refused to pay for or furnish a contract for the work that was completed satisfactory. We filed a lien in 2018 and supplied all the data to the GC. The GC, sub contractor or bonding company did not pay us any of the $69,000.00 owed. Because of not having a contract my attorney said I had no case. Now it looks like the statute of limitation has run out. Do I have any options left?
I'm a non-licensed mechanic can I put a mechanic's lien on a vehicle still being financed
I have been threaten with a lien if the contractor does not pay his bill for $1135.00 I have not signed anything and the work was agreed upon verbally. The original work was done at the end of October and the first of November. Can they file the lien against my homestead?
I am a GC working for the owner of the property. We sent a Conditional lien release and Progress Payment App for construction that has been completed on 12/15/20. On 1/15 I sent them a Notice of Intent as I have not yet been paid. They are currently in breach of their contract and are telling me that they don't want to pay the payment according to the pay schedule in the contract and want to wait until another portion of the job is completed.
My contractor send us this notice . his work related for cutting plant ,clean pool and change the skimmer. but the work hasn't been preformed. we have pictures and proofs for that. And the contractor confirmed in written he won't do it and refund us money. My question is if he can file a lien on my property?
My mom was getting car financed and she died and now im making payments on car without any paper work. I had it fixed and a kein was put on jt
I completed a job and there were items missed or incorrect on the insurance estimate. I supplemented with pictures, codes and documentation. The insurance carrier flat out ignored most of it and paid only a small portion. The home owner is not cooperating at all and the adjuster was not responding. So I composed an email and sent to everyone outlining the deficiencies and that if insurance doesnt cover it the home owner will be liable or a lien will be placed on said property and also stated is a violation of state insurance laws to make a profit from an insurance claim. I have been told this from numerous sources but of course this did not sit well with the insurance company or the home owner and now I am being threatened.
i filed a suppliment on a roof the had tons of un nailible surface , extra layer of shingles
and underlayment tar paper, drip edge, pipe jack replacement and the adjuster sent me a email stating that he approved my suppliment for the deck replacement evtra layers os shingles and everything else i had on the list but I needed to get with my customer and tell them to give me a copy of the itemized or revised itemized list to go over and make sure everything is ok.
So I tried but no word so my general manager sent a bill for the redecking only pluss a copy of the signed contract showing where all supplements are to come to my company that they signed. I sent a notice explaining that a suppliment is to reemburse me for money I spent to repair any unsafe area of roofand any unseen damage that by building codes has to be in compliance also reminding that it is ileagal to make a profit off their insurance . well they think that they paid me so my wife wrote and said that if they recieved all the money plus suppliment then all the suppliment must come to us . the adjuster emailed for me to call him that its ileagle for me to state insurance rules because i am not a public adjuster and its a felone charge to call him. I didnt ever say i was a adjuster but cant i tell my customer the rules Ive had to learn and just giving advice as to what you cant do is not playing like i am a public adjuster is it ? i would like any feed back or advice over this before I call the adjuster back . Thank You
William Bruce
We are a development company with an outstanding payment history. Bright Realty is our name. We have been dinged here on projects in towns we have never developed anything.
I noticed that a job we have a contract on has had quite a few payment issues. We have not yet dug the pool and started construction but I am concerned going forward noting that almost every time I log in to level set a payment issue alert has been noted on the job. How should I proceed with the job going forward?
They claim that our lien is not valid because of the timing of "fund trapping notice and intent to lien." Also, they claim that the lien was incorrectly filed against real property and not only against Valvoline's leasehold.
I thought the intent to lien was voluntary...
Do we lose the ability to lien for the full value of the contract if a notice was late?
Any advice would be helpful.
I have a simple agreement to purchase a house with $600 monthly payments.The agreement originated with the husband-owner. The agreed upon price "was" $60,000 and in the middle of purchasing, owners divorced and wife got the property. Due to some complications with husband-owner's tax debt, "he" was unable to legally tansfer the property. I agreed to an Aditional $10,00 in monthly $600 payments....since the Wife-owner had no such incumberances. However, upon my making my Last Payment in November 2019....after having paid $70,000....in Monthly $600 payments since August 2012 AND residing in the house this entire time, Wife-Owner wants me to continue paying $600/month (Because they never paid off $10,000 Mortgage...which is WHY I agreed to the extra $10,000....when she told me about the unpaid amount....).and has now tried to evict me. The local JP threw out Eviction because we are not "RENTING - We are BUYING" AND...we have met our obligation of payment of $70,000.00 in full. Problem....I've NEVER bought property before, and the only document I have is a simple signed statement from Husband Owner stating we are purchasing the property fro $60,000 @ $600/month. This statement was written after we had paid about $20,000 and was hoping to get financing and pay off the house early....that is when I was inofrmed Husband-Owner had Federal Tax Judgements against im and HE would be unable to execute the Title Deed Transfer. I DO NOT have an Official Contract nor FULLY Drwan Agreement....Only the signed statement and all th communications with the WIFE-Owner since she took over ownership. ???HELP??
We have a customer that has partially paid his balance, but when the final bill is due, he has gone silent. What do I need to know and do to file a lien? Texas