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Texas Legal Help
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If I get hired for a job 2 dump trucks but need 6 can I sell/hire 4 more and make small percentage?
I am a Tier 2 subcontractor on a big project. The subcontrator above me has been terminated after a 48 hr notice from the GC which we responded accordingly and worked and worked immediately. No further contact was done to us neither to our response emails nor to check on the completed work. They then sent the termination of contract which was forwarded to me by the subcontrator. I have not received payment for material delivered on November and December.
Homeowner contracted with GC and construction lender to build my house. Lender released payments work not completed, contractor didn't pay his workers , lender released plumbing fixtures draw, fixtures never purchased, contractor stoped working , did lender breach contact ?
I am a subcontractor in the state of Texas, hired by a general contractor, to complete a flooring installation for a commercial business funded by the state.
For the sake of the following argument, please take my words at face value.
The situation: the owners/GC are exceptionally difficult to please, beyond reason, and created weeks (months even) of delays due to their indecision and lack of communication. We had (FINALLY) reached an approximately 90-95% completion mark, and we were at the "fixing defects and completing punch list items" stage when everything all went to hell.
We offered a few different solutions to the alleged defects and vague punch list requirements ("I don't like it over here, I don't like that section over there, this piece of flooring has too much variation, that piece doesn't have enough variation, etc.). The GC said, in an email, "to standby for a decision." We received no opportunity or clearance to proceed with the job, only several emails putting us on standby and/or delaying any sort of completion, followed by over a month of silence and crickets.
During this timeframe, the GC hired another subcontractor to "fix" our work. (We know this because other friendly subcontractors, also working in the building, told us as much off the record and sent pictures of the altered floor.) In short, the other subcontractor messed it up really, really bad and to the point the floor looks absolutely nothing like we left it. In fact, the majority of our installed flooring was removed or damaged. Honestly, even if we were to fix it, it would basically have to start from scratch, materials and everything, but I digress.
SIX WEEKS WITH NO RESPONSE LATER - The GC sends us a 48-hour Cure Notice, basically stating that we are in default for not completing the work, not holding up our end of the contract, we might be responsible for costs and other subcontractor fees and legal fees and all that jazz. We responded to the Cure Notice the same business day we received it, addressed the claims therein, and again offered a variety of solutions/actions. Crickets again, no communication whatsoever.
Now, over a week after THAT email and our response, the GC leaves a voicemail about trying to reach an amicable solution and how he hopes we'll be honorable people considering how we've held up his project so long. Mind you, this is the first time anyone on that side of the project has responded cooperatively to our attempts at communication.
The GC/Owners have caused inexcusable delays, even perhaps deliberate lack of communication, with a side of shadiness by hiring another company to redo the floor while we still have an active contract. (For the record, we've been paid just about everything except retainage, and our proposed solutions and implied completion would have taken, at most, two more business days once approved.)
What actions are open to us? What state law allows us, in the absence of any other definitions or agreements, to quit and close the contract if something doesn't give?
Secondly, the contract states that the subcontractor (me/my company) is not obligated to warranty the manufacturing of another entity, but it doesn't discuss what or when our "product" is no longer "ours." As I mentioned, the floor has been altered/destroyed beyond our recognition and, officially, without our knowledge or consent if that matters. What law designates when a product stops becoming OUR product and is no longer our legal or financial responsibility? How does a subcontractor fight back in these instances when they're being unreasonably pushed and pulled around and threatened? What law or statute or anything can I reference, beyond my own documentation supporting my claims, when our latest attempt at communication/completion goes sour again, as I'm sure they will?
Are we able to file a lien in MI on a cement company that we are providing security surveillance for?
We represent the supplier, Summit, in this matter, and are trying to figure out (1) if there is surety on the project and (2) if there is one, do we need to provide notice to the surety before incorporating them in our amended petition for damages?
I’m a general contractor and my company was hired to do a refurbish on a historic home to fix structural issues and replace the porch that was rotting and unsafe. My main GC and master Carpenter and designer did the site visit and estimate which the client approved and hired us. As the jobs go, there were issues that were discovered during demo. The client was notified whenever new issues were found and discussed fix options, verbally agreed to recommended fix actions and our crew completed necessary work to fix issues. These issues had to be fixed in order for the original agreed upon work could continue. My GC said he had more than one conversation with client about the additional fix work would add more days and expenses. The client’s response was that of which my GC thought she understood and we were to complete the extra work so we could get back to our project. So I billed her for the additional work days and she doesn’t want to pay the amount over the original estimate. She even wrote a check for the amount she had left to pay on original estimate and made t clear that was the last payment she was making and told the GC to leave the worksite and not to do any more work. So they left and the project wasn’t completed. Now I don’t know if I can demand payment for the costs above the estimate due to the work they had to do to fix issues in able to continue work on porch and structurally. Can you please help me ASAP. I have asked before and never got a response and now deadlines to pursue payment via mechanics lien are coming and going and I’m afraid to pursue the mechanics lien if I legally can’t charge the client
The lien I have already filed through Levelset when does it expire
We are a independent trucking company hauling raw materials into a pubic project in Texas and the contractor is asking us to keep a certified payroll report. We are not working on the job so do we need to do the certified payroll?
Can I collect 100% of my contract amount on a bond claim on a public property? I've heard the term perfect bond amount, not quite sure what this is.
I have a written contract with a private property owner to paint a70% of the house, remodel a master bath (tile work), reinstall toilets and such in all bathrooms and do electrical work throughout the house. Customer has paid for paint work and partially for plumbing work but has decided not to pay for the work of the electrician. The electrical work was bid based on hanging lamps and such but also replacing all switches and electrical plugs in the house. Things got complicated when the customer insisted on experimenting with the light tones of every recessed ceiling light. In addition, all dimmers installed had to be adjusted to meet her concept of how they should work. This work was a variation of the original bid which called for a $10 charge per switch and $20 for installation of LED recessed can lights. The electrician has submitted 6-page list of all the work performed. Since there is a Change Orders & Variations clause in the contract, we submitted a charge for 90 hours of labor for all the work performed (this is a very large house). The client refuses to pay bill claiming that there was no contract variation. Q: is a mechanical lien the way to go here or is there a different approach?
I have a post that I made since the first of January. I would like to know if you can send me your email or phone and say if this case is feasible or not. Thank you.
In submitting the last payment to the contractor (insurance proceeds for hail damage) What to put on the back of the check - Need to be guaranteed that all contractors were paid on my residence. He has had problems not paying subcontractors or individuals on other job sites. Just found this out. His backer has quite backing him. The job is completed except for a couple of rooms and we decided not to do them right away. However, I want to pay for everything except the two rooms that were not done. Just want to be protected that he has paid everyone that has been on our property. I want to avoid any possible leins. He says everyone has been paid on our property.
I can't read the terms and conditions - it wouldn't open up.
Thank you
I bought a car with a lien on it but can't get in touch with the lienholder but had the car in a bill of sale without title. So in getting a bonded title, I was proposed mechanic lien as other option.
How effective is mechanic lien and demerits with it.
My parents hired a sub contractor and paid him $2,500 upfront for a $4,750 natural gas pipeline replacement. He dug the trench & has gone missing. The company he subcontracted under is saying that they dont know him & he didnt work for them but they pulled the permit for the job. He never installed the line and just took the $. What do we do to get our money back especially since the company isn't acknowledging him as an employee