Hello, I am a sub coantractor. I sub contractoed another sub to deliver and install office furniture project. The balance due to the other sub is $73k. There were and are so many issues being their negligiance that I offered $40k. They are holding product that has been shipped to their warehouse by my clients. My client did not change address were product was to be dleivered and now the other sub contractor will not releae the product to me with me paying him $50k. I offered $40k and they said no. Do I have a stance to get the other product out of their warehosue?
Thnk you...Read More
I have a year-long major home remodeling project; we are now pretty much done with the rough-in leaving the walls, floors, doors, trim, and finishings. The contract was signed in June 2020 and most of the required framing lumber was delivered in early August. (Since then there have been change orders, presumably reflecting the current price of framing lumber, so the GC should have been able to reflect his lumber price increase in the change order for that specific work.) I have paid my monthly progress payments, but now (in February) he's adding a huge increase for all the work done since the start of the contract -- reflecting a doubling of the price of all framing materials and related labor! Because it's a fixed price contract, he's not entitled to charge the extra for labor. The contract does have a price escalation clause for materials. I'm waiting for his material invoices, but he has indicated the total materials cost he paid (reflecting a 14% increase from the relevant materials cost in the contract /COs). I understand construction prices have gone up, but I don't intend to pay more than the actual increase. Two questions: (1) the price escalation contract clause says that the increase would be added to the contract (if it's above 5%); can I just add the material price increase and not include his typical 15% margin (this clause doesn't specify) and can I just cover the difference above 5%; and (2) Can I make a claim that he should have charged me the appropriate price increase within the next monthly billing cycle and that it's not justified to wait six months. Is there some legal provision that prevents this retroactive pricing (the contract doesn't specify). He's recently become annoyed with me for other reasons, hence I think he's just trying to get me to cancel the contract by giving me an outrageous bill. He's border-line breach of contract on refusing to do the cabinets and tiling, but I don't have an issue removing that from contract as he's proposed....Read More
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!...Read More
Say If was working for a builder in scheme contract where appointed on an hourly rate. is the builder able to holding a sum of money and then after a letter of demand claiming they have to carry out reworks.
is the builder entitled to hold this sum and if there is reworks should the contractor be given the opportunity to rectify the works? ...Read More
I supplied and installed materials on a commercial project. The GC withheld major portions of monthly payments or didn't pay at all. I was unable to pay my workers and vendors. Then the GC excessively back charged my contract for work I could or would not perform due to an unachievable expidited schedule due to the GC poor coordination and management. The GC demanded that I put a large unsatiable work force to meet the expidited schedule with the promise of payment then didn't pay. The GC said that the owner was slow in payment. How do I fight the excessive back charges and collect monies due to my workers, vendors and collect for outstanding extras and change orders?...Read More
I'm being told a story and I can't understand how she thinks she can save the house. If I'm being told the truth, she claims she has 2 foreclosures. One is from her company they used their house as collateral. She says they called in loan. She also claims she is in foreclosure on her personal mortgage. From my understanding she owes 55 thousands on the mortgage and the business loan was a half a million. She is in forbearance. She says she's is getting it until March wich my understanding is it ends December all home covid programs end. We live in long Island NY. So how is this house savable and also it will be left to her only child . Won't her get the lien debt if the house is willed to him? Please help me know the truth as it affects my life in unimaginable ways. Thank you....Read More
I was framing a house for a contractor and Big Sky the concrete for the job was supposed to be done in May and was not completed until December and still not 100% completed the contractor refused to let me go do another job so that I can stay fed pretty much can I file a lien on the property in the state of Montana without filing a preliminary notice or can I still file the preliminary notice now he kicked me off the job on December 15 for not being there but he had the excavators tearing up the whole job site and multiple guys were injured from climbing over the mounds of dirt and alsoWe’re unable to work due to Covid that we believe they got from the architects secretary who was tested positive for Covid and came to our job site, several times I was asked to drive up to the job site which is an hour and a half drive to unload materials majority of the time they were not even for framing and I am the framing contractor also I had put in 178 man hours with my lift and my guys assisting the concrete guys and I was asked to do so by the contractor and they refused to pay me for it all the materials for the job have never been there And all the take offs for materials were not there or incomplete also his secretary coming to the job site knowingly positive for Covid and while doing so one of my workers had also gotten Covid recently after and his major complaint was that guys were not on site and the reasoning is because of Covid and because he had our job site torn apart by the excavators and multiple times have my guys been injured trying to work over and around the excavators this job was supposed to be a summer job early summer and it wasBid for that end it is now the middle of winter and concrete has just barely been finished and I have lost all my major contracts because of this and the months that I make all my money what are all my things that I can make the bond amount for on this lein...Read More
I have been the care giver for my dad for 2-3 years Alabama does not pay for family to do this service . My dad has passed away, now we are up against relocation. A friend mentioned this mechanical lein thing - wandering about stairs we built for his renter, and about the handicap ramp we built for free, he said and all the work I have done here! I said I was the one that helped build this house without pay! Years ago!So he said maybe this will apply to the cost if we can purchase at final auction?? I do not know?? I do know My dad has been paying around 1000 per month for years on an interest only loan! I also know this house around 200,000 is owed and its worth maybe 120,000 . We said if there is a way legal and honest we can use the system against the system . We are interested. Or I am Interested. Lots of things since the construction of this home has been done and I worked for free! We have provided care for My dad for around 3 years for free and have been bound to his needs. If thats life then thats just life. I will not lie cheat or do any dishonest deals! However is the system has an legal option for me to supplement the re purchase of our family place ?? This would be nice....Read More
the customers lied from the start. i bidded a job for my dad's friend. it was close to 1600, 1800. i was going to do it for 650. if they'd wouldnt have hustled me from the start. they lied. tools are missing, i spent more on plastic, naps, help, gas, then i even got. it turned out to be a nightmare. i have 20+ years repainting, drywall finishing level 5. they said they would get me what i needed when i needed it. i lost my next jobdue to them not paying or having it ready ontime. the catch they have to sell the house within the week. My guy that taught me these trades said hit them for the full amount. unless they want to fight it. NOT going to happen. i can get my 1,600 to 1,800. ive been in this business a long time. never had a home owner complain. been ripped off more then i can remember by contractors. full paints full crew . you name it. i'm sick of it and i desperately need the cash now. they cost me jobs. a down payment on my new truck i was supposed to get the next day. i was cursed at , trampled on, stolen from. i want full price. it was supposed to be my dads friends.not friends no contract. but i got lots of pictures and witnesses....Read More
Hi, I am a self-employed architectural drafter with an LLC. I have a former customer issue 3 credit card chargebacks after I terminated my services. So far I won 1 of the 3 chargebacks, and the other 2 are currently under review. I already had a lawyer send a demand letter and he should get it any day. If he refuses to pay my oustanding invoices (w/late fees, ect.) can I file a lien on his current home? He already has the drawings I did and only paid for the work I did up until when I terminated my services. He may build the house, but I feel getting a lien on his current home would be more effective....Read More
Can a person put a lien on a property for money that was given as a gift money that was placed in the debtors account with no agreement to pay back
My mother gave me part of an inheritance, delisted it in my account and now has dementia and wants it back. It was a gift and no contact was performed. She is just made at me and says she wants it back ...Read More