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Back Charges Questions
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Back Charges
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1. Can a NYS design/build company file a mechanic's lien only for the design portion of a project when the contract was for the design portion only? No construction labor was performed.
2. If the contract provided for an hourly fee and the design scope was not completed (i.e., the construction plan was not completed), is a mechanics lien for design hours expended appropriate?
3. What is the definition of "labor"?
Thanks
New YorkWhat if I started a small business doing work "on the side" that became a larger undertaking. I created an LLC but had no idea about licensing requirements but am now ready to expand to full time. Will the board find me liable for fines after the fact? I've had no claims against me.
Thanks,
Michael Green
Shreveport, LA 71115
LouisianaMy mom lives in my grandmas home my mom has had to pay for work done on the home contractors, permits, supplies, and labor costs. My grandma has recently passed the home is now in a trust and family is forcing my mom out. My mom wants to be reimbursed for all the work and repairs she’s had to pay for. She has paid rent on this home for 13 years. We’re in Utah can she legally put a mechanic lien on this home?
Utahif i owe a contractor for work on project B, and he owes us for work to another sub because of a (back charge) on project A, Can I use the funds owed on project B, to pay towards that other sub on project A
TexasI am a sub-contractor for a Pool company, building their outdoor structures. We fronted all materials and labor but then had to wait on them to complete decking, electric etc before we could finish the last 10-25% of our responsibility. While waiting, and after requesting partial payment (which they paid), we had a meeting to discuss pricing and made a verbal agreement which they are now backing out of. We were told we would have to get an attorney to get paid the remaining portions so some jobs were left unfinished, while 100% completing others that have also not been paid for. We gave them a job credit in fairness on unfinished projects but still they wont pay the agreement made in the meeting. I have filed the first monthly notice that Texas requires and have about 3 weeks to file the lien. Would it be best to send a demand letter first since I still have time to send a lien notice? And since the agreement was verbal and not written, is it best to stick with the initial charges before the meeting? (which winds up being more, actually).
TexasI am trying to take 1 building of 4 units that have flat and shingle roofing that have had many attempts over the last 45 years to solve a flat roof problem. My approach is to tear the roofing materials on the flat roof down to decking. Then i want to study all potential solutions on how to create a better permit solution we have had over the years. Normal roof have failed many times. I am a licensed contractor but not a roofing contractor and live and set on our HOA board. I need to write a contract between 2 roofing companies one is our consultant and the other is a certified roofing contractor for GAF materials. I need a contract that allow me to control a time and material plus allowing me to purchase all materials to the potential solutions. This test building I may do 2 different solutions to the flat roof that the purpose of the t&m and I want to do t&m so i can keep track of real expenses as we have 22 other building to do and when i set the spec out i will hire 2 or more roofing contractor assigning them a building but following our specs. So its important that this first building allows me to control the job and its solutions that our roofing consultat and the vendor and myself agree to try on this test building.
FloridaCan a GC apply a back charge to my company without providing us an opportunity to fix the issue or also without showing us proper documents showing the work was completed and how much it will/did cost?
FloridaI am a plumbing sub-contractor doing installs for a company. We invoice weekly and the last check we received had a $1000 deduction. The reason was a back-charge for an admin fee. When I questioned it, they told me that they back-charged for time spent on a spreadsheet. The spreadsheet was something they created internally for the new employee that was hired to help with the plumbing installs on the jobs. The back charge was not releated to any of our jobs or installs. Are they allowed to make up random charges for whatever they want? Also, they just wrote a note on our invoice after they deducted the amount. We had no notice that they will be deducting anything from our check that week. I told them that we do not aggree with it and would like an opportunity to speak further before they take it out of our payment. They ignored my request.
We have a spreadsheet that we use daily that is very detailed. The spreadsheet is something they are using for themselves. I requested an explanation on how she came up with such a high amount. Is she charging us hourly labor, or is this a penalty fee, etc.? She never provided any further details or back up and when we picked up payment it was not the full amount.
Is this legal, if so, are they following proper procedures? I just do not see how someone can randomly make up a charge that is not related to a job or install we did, no fees or expenses are related to this, and we do not have a signed contract stating we will be charged for such fee.
TexasWe are a drywall sub and received a notice to cure for cleanup not performed on the job site. We cleaned everything up the following morning and the GC agreed the site was clean. 3 days later they are saying that they had to hire laborers to clean up the site and will back charge if there are any more instances of an unclean site. They have provided a notice they are saying puts us on notice for the entire remainder of the job. If any instance arises again where there is trash, they can unilaterally hire someone to clean up the trash and back charge us without having to give another notice and 24 hour period to cure. The contract specifies a 24 hour notice must be given. Are they able to do a notice lasting the entire remainder of the job or does one need to be given for each separate instance of unsatisfactory daily cleanup?
FloridaIam the home owner , I had a contract with a contractor for a job total of 85k, the contractor was given 55k and then he died . The work that was completed was estimated to be worth 27k . How do I go about getting the 28k I am owed for work not completed ?
PennsylvaniaHola no soy contratista trabaje para uno como obrero y no me pagaron específicamente este contratista ACM staffing solutions llc se Encarta de consegirle obreros a sky dki restauracion pero mi pago viene a través de acm... pasa que ellos me contrataron en los proyectos de demolición y limpieza de fort Mayers por elnhuracan Ian de manera temporal el trato era 15 la hora 22.50 overtime y a 15 el travel time por que viajabamos de miami a fortmayers 2.5 horas ida y 2.5 horas vueltas con una semana en fondo cuando se terminonla obra nunca me pagaron la semana en fondo la obra duro tres semana solo me pagaron dos.... y los encargados me dicen mañana te pagamos y nunca lo hacen y ya me tienen esperando un mes por ese dinero.... ellos nunca me hicieron llenar aplicación solo me hicieron darles mi permiso de trabajo y mi social los cuales son 100% vericables
FloridaAs a brick paver installer with no license.
FloridaUnder contract to remodel a duplex. Estimate and invoice is line itemed and paid at completion of item. Mid way through owner changed way of payment. I've completed the job but haven't received any payment since September 9 2022.
FloridaI 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?
New York