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Back Charges Questions
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My company is a small electrical subcontractor. We are running into some material procurement delays because our GC Customer has been slow to release payments.
According to our contract, the GC has to provide us with a formal notice to cure any issues, with 72 hours of time, and up to another 48 hours on a contingent and discretionary basis. No formal notice to cure was provided, and 3 days later the GC purchased all of the outstanding materials, said they would be backcharging us for the cost, presumably plus a 15% administrative fee.
This type of action wasn't stipulated in our contract documents, explicitly or otherwise. Now the GC wants us to essentially perform labor, at a loss. Is this legal? We should obviously contact a lawyer, but I'm looking to get a better feeling about the legality of these actions before doing so.
PennsylvaniaAFTER LEANING THE PROJECT I RECIVED A NOTICE OF CONTEST OF CLAIM OF LEAN ON THE LIEN LEVEL SET HELPED ME WITH IN REF TO BY THE SEA RESORT AMPOUNT 122K HOW SHOULD I PROCEED I DIDNT RELIZE I ONLY HAD 60 DAYS WHICH WILL BE UP SEPT 7 2021
FloridaI was hired given a contract by a property management company and the owner approved the work to be done. He decided to have all work stop before it was complete and sold property. He is refusing to pay the labor charges associated with the remainder of the bill. Is it the property management companies responsibility to acquire the money and do what ever legal action needed? Or is in still my responsibility to do legal action?
PennsylvaniaGreeting,
First of all, I would like to thank you for giving me a chance to ask about a thing that is important for my job in my company.
I am working as a Contract Specialist in a Chinese company in Georgia on an international Construction Project. Our contract signed with the Employer is FIDIC MDB2010. Currently, as a Contractor, we have 9 months construction delay. However, the Contractor has 2 accepted claims that have a continuing effect:
1. Covid-19 epidemic claim (submitted under SC 8.4(d) and 8.5)
2. Right of Access to, and possession of the Site, which was delayed as a result of the failure of the Employer (submitted under SC 2.1). The Project scope is 10 km. The Contractor has possession of the Site for 9 km, but there is no possession for 1 km yet.
The Contractor requests 9 months EoTfC without additional cost for the first claim that has been impacting the whole project works, and 7 months EoTfC with additional cost (plus profit) for the second claim that has been impacting only the works to be performed in the scope of aforesaid 1 km.
My question: in case the Contractor is granted 9 months of EoTfC without cost for the claim of Covid-19 epidemic, can the Contractor be entitled to additional cost for the claim of right of access?
CaliforniaI completed a job for a client and we had no written contract, about 6months ago but there was a request by the owner wanting me to deliver an assortment of stainless steel screws of different sizes and because of the color of the metal used on the job! I dropped them off about 45days ago. So can I still file a mechanics lien because I read that you have 60days from the time you last finished labor and or final delivery of materials? Can I still file the mechanic,s lien?
OhioI have a gc telling me they cant pay until they realize the cost of corrections. Complete bs they also are saying that we got paint everywhere but they came and got a case of paint and I know they made the mess themselves but want me to pay for the bead blasting. They are ignoring calls and short with text messages.
KansasI hired and helped a person to get his LLC for a start up company. He has been working with me for 3 1/2. Years. The last 1 1/2. Challenges my authority and how I operate my business. Disrupts flow, and creates delays and doesn’t want to work after 3:00pm. I care a lot about him and want to find away that we can continue to work together. Thought about selling him leads? Thank you Scott
NebraskaMy contractor has several items on a punch list yet to be completed. He has not attempted to complete them even after a detailed list was provided. Eventually I gave him the list again with a deadline before I seek estimates by others. He did show just after he received the email. Address one item and partially two others. Others he agreed to fix. Others he declined to address. But he wants 10k of 12k owed paid now. What are my options? I of course would rather hold payment until the items have been completed.
GeorgiaThis job has become very complicated and moneys have been intentionally held on public projects, due to a dispute with back charges and blame being falsely put on my company. I need a construction attorney that understands the process of what I do as a design professional. I need to be able to talk to someone to figure out a way forward. The shop that I work for owes a lot of money to me, and they have engaged a lawyer. 502-387-5789
IndianaI have a general contractor suing me for construction delays. Most of the delays was caused by a third party that shut down all construction that no one had a clue would happen. I bought the property on a 2.5 acre lot, I bought almost an acre. The owner of the rest of the property had to meet certain county and city requirement's to make his property compliant, there were no sewer or water on the property other than septic tanks and well water.
For him to become compliant bids had to be taken and the public utilities had to be laid out. This took almost four months to accomplish, my job sat idle in that time. I kept asking the general contractor why he hasn't shut down, he said he didn't want to lay off his men, thus using my jobsite as a sort of piggy bank.
We never sat down to discuss the delays, they went straight for the lien and lawsuit, they promised me a discussion. The general contractor then told me that he heard the owner of the property surrounding mine had second thoughts and was delaying everything to make me go bankrupt to where he could repurchase the land back with my building on it. If this information is true I could have gotten to the bottom of the delays, fixed them and would have gotten my business open months sooner. He withheld that information costing me a lot of money.
First, am I responsible for the delays and second is he responsible for not advising me on why the delays were being caused. I am in Texas.
Thanks for your consideration here.
Ron
Texasi have a purchase agreement with capitol city homes to build a new townhome in mebane, NC
this agreement was signed in jan 2021 and townhome was supposed to be built by june 1, 2021
that date was changed to oct 2021 due to permits, etc.
i just learned that the capitol city homes wants $30,000 more for the townhome or they are going to terminate the purchase agreement due to the rising costs of lumber and shortages of supplies
can they do this??
what are my rights in this matter.
thank you
suzi rasko
4930 SW 188 avenue
SW ranches, FL 33332
tele: 954-431-8100
cell: 954-871-9592
North CarolinaAs you have instructed us as to the importance of proper notification for construction delay, would you consider incorporating such a “Notice of Delay” into your product line? It seems like it would work very similarly of your other timed notices. If you did it would be very appreciated!
WisconsinCould you tell me what form I have to fill out to put Lien on Private property in Michigan.
The contractor took my money upfront for painting my house and did not finish the job.
He owned me $2342.
I have a Judgement against him, but he did not pay me back.
MichiganI a general contractor that has not been paid but once and owed 19,000 .I can't contact the home office..but the new manager stated that the property is up for sale
TexasI was scammed on a land contract by a company that does not own the property..I have invested over 7;000 dollars into repairs and materials.then I was approched by a woman claiming to own the abandoned property. from there she's put a rush on me to give her money or loose my investment.with no offer of refunding my money..so my question is can I put a lien on this property?
Ohio