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Bond Claims Questions
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Bond Claims
All States
We are the GC..
In this Covid 19 we are behind on paying a roofing subcontractor
He has filed a claim against our Bond
We have given formal notice to give us time to work aging.. we have been shut down for 5 months now
What should we do ? we have jobs coming up.. but waiting for building permits which are 5 months behind
please advise
Janis
MGB INC
CaliforniaWe have a customer requesting a credit limit of roughly $26,000 and we are using ask for this jobsite information. But they gave us the bond information instead of the jobsite.
TexasContractor was doing unsatisfactory work and it was one delay after another. I found while checking L and I that the contractors license had been suspended for no liability insurance. The contractor continued to work on our home even after his license had been suspended. Once we found out he had no license We have asked the contractor to not come back. Now we are worried of what the consequences will be of asking him not to come back. We have had a different contractor out to look at some of the problems that the other contractor has left us with
Contractor licence had been suspended per Washington state labor and industry.
Suspend date
09/13/2020
*Down payment made on 6/23/20 with agreement to start three weeks from 6/23
Job was not started till week of 8/3/20. Three weeks later than expected.
*Delay in ordering materials needed for the job. The biggest problem with materials not being ordered was four weeks we lived with plastic covering gaping holes in our living room. Which requires constant maintenance by us to keep the elements out of the interior of our home. The delay in ordering products also put us even further behind in the completion of the overall job. Leaving us without lighting in the front room and kitchen.
* We also have been without a kitchen sink or any kitchen appliances for an extended amount of time.
* Peeling texture and paint. Will require additional work and time further delaying the completion.
*Exposed wiring hanging out of the ceiling and walls
*Uncovered outlets and switches.
*Multiple uncovered holes in kitchen and living where recessed lighting was to be installed
*Exposed finish nails on door framing.
*wall over spray on all kitchen cabinets and dishwasher
*floor leveling that is not level. kitchen floor with leveling applied will need to be removed
This is just what we have found as of today.
Washingtonwe are a small electrical company doing work for a General contractor working on a Federal job at Offutt air force base.
We are about 75% done with the job but are having trouble getting paid for the last couple pay apps we’ve sent in.
We are waiting for 1/2 of Feb, all of March and now we’ve billed for April.
The General contractor keeps making excuses and we have paid out for labor and materials out of pocket.
The General contractor does not have a bond on this job but the Main contractor Dyncorp out of Texas does have a bond and they are the ones that pay the general we are working with.
NebraskaI'm a subcontractor of a sub contractor who is contracted directly with the General Contractor. We've completed the project and were paid a partial amount. However the relationship between me and my customer has turned very bad and they delaying and or avoided paying our pay application. The project is the Newington Town Hall (Municipal).
ConnecticutI am a vendor providing equipment to a GC in Texas. During the sale of the job, our (ex) REP wrongfully asked the GC to issue him a Purchase order for $50k instead of giving us the full amount to us. Soon after we found out, we reached out to the GC (3/26/19) without any response. Many months later and with lawyers involved, the GC and our ex-REP agreed to cancel their "internal PO" and issue us a Change Order for the full amount of $50k. All along it has been clear they are not planning on paying this amount as they have sent emails stating delays on our part. We have sent an invoice for the amount it is owed to us followed by:
"Mr. XXXXXXX , we finally received the CO that has been in discussion since March 2019. Attached you will find our invoice and schedule of values based on our new contract amount. This invoice reflects the work completed per our Purchase Agreement #333123003A.
While we would not be accepting responsibility for delays, we are aware that TRA has not pursued any liquidated damages on this project and you haven’t provided any backup to your claims as required by our contract and applicable law, and per our email sent on March 30, 2020 (attached).
Ever since Mr. XXX(Owner) failed to respond to our letters notifying him of the wrongful activity by (XXX ex-rep) beginning in March 26th, 2019, it has been clear to us that Red River has no intention of paying this money that is rightfully owed to us. If we do not receive payment of this invoice via wire transfer within 5 business days, Ecoverde will be forced to proceed with making a payment bond claim, file a Stop Notice, and notify all parties involved in the project of the situation".
TexasWe placed a lien on a project, and now the contractor has sent out a copy of their payment bond that they had to procure when they were contracted to do the job. This is not a lien bond. Can I also put a claim in to surety company for our owed monies even though I already placed a lien on the project? If so, how do I go about that?
New York(California) If I am going to do Board ups for the city, based of an as needed basis. Would I need a bond there is no actual set price or location. Work is done as requested and we as the contractor are not paid until the work is completed , work order is signed and we invoice the city.
Original RFP did not have an amount for the contract .So when bidding we did not take in to account the cost of a bond. Now we are trying to figure out the bond requirements and cost.
A new city attorney wrote a different contract after the bid was excepted . Normally In California we do not do bonds unless the contracts over 25,000.00
Seeing as this is an as emergency basis and price is per job, we have no clue how many we will get in one year how do we choose a bond? The city agrees yet they have not come up with an answer to the issue.
We have discussed a maintenance bond, but the verbiage includes warranties. Boarding up a broken window or door is temporary. So a warranty would not really apply.
Materials to preform the work have to be purchased before hand to be able to do the work.
Would you suggest a bond? Or is this a project that should not require a bond.
Wehave done city work before but witht he new city attorney things just changed it sems.
CaliforniaWe filed a claim on a bond for a company that walked away from a job, they did not file bankruptcy, they just sent a letter stating they were going to walk away from the job and the owner agreed. We had been sitting on this job waiting for finish the last portion of this work for months when they walked way so we had no recent work completed, but they owed us retention on what we had already done.
They asked for final billing when they sent the letter, we sent it, we did not hear back so we filed the claim on the bond, that was in July.
They are now asking for proof of claim and documentation in support of our claim. What are they asking for?
There is no bankruptcy filing and we sent them copies of invoices, the pre-lien, and the confirmation of delivery of the pre-liens.
We've never filed a claim on a bond, and we've never filed a claim on a job that did not file bankruptcy so we are at a loss.
CaliforniaMy company filed the preliminary notice a year after starting the public works 33rd St Pipeline Project and now the Subcontractor isn’t paying invoices or returning communications. Will filing a stop notice be good? Preliminary notice delivered more than 30 days ago
CaliforniaIm a sub for a sub that did work on a government project on Nellis Air Force Base in Las Vegas Nv. The last day we worked was on was April 20th, 2019, the job was put on hold due to mold being found in the dorms . We were originally supposed to just open the fire chases and walls to give the plumber access to the cracked drain pipes and repair the opening, texture and paint to match. When we open up the fire chases we found that there was damage and holes in the walls that was done by some previous repairs, We were instructed to repair the damage and holes and to fire caulk all pipes, we were sent hand drawn drawings on how to do the repairs by Ellard Comstack who was the senior project manager at the time , i never got a change order, i just hand wrote a paper with the price and Ellard signed it as a letter of intent and I just last month went to Tuscan to get a statement from him that says Yes he did tell me to do the work. The job has now been cancelled and it will be rewritten and will have to be rebid, Northcon was not asked to return to bid that job and we instead were asked, Northcon now refuses to pay us, they owe us 58,000.00 for the extra work. They have been paid in full . What can we do ?
NevadaHired a licensed, bonded and insured contractor in Illinois to replace the roof on my house and garage. Had damage on the house from broken siding, broken gates tar on deck and siding, trampled and ruined plants. Also very sloppy workmanship... shingling over a hole in the roof, improper drip edge, waste of numerous supplies. To top things off the crew was drinking on the job and cat calling my 17 year old daughter saying “I’d like to “#%$&” that pretty little white thing”. When brought to the contractors attention he did fix a few things to try and appease me. Refused to offer or fix the plants and landscape, and refused to acknowledge any wrong doing with the drinking and cat calling, saying “boys will be boys”, and demanded final payment. I did make the final payment regrettably, in fear of 24% compounded late fees. What recourse to I have with a unsatisfied job?
IllinoisIm a sub for a sub that did work on a government project on Nellis Air Force Base in Las Vegas Nv. The last day we worked was on was April 20th, 2019, the job was put on hold due to mold being found in the dorms . We were originally supposed to just open the fire chases and walls to give the plumber access to the cracked drain pipes and repair the opening, texture and paint to match. When we open up the fire chases we found that there was damage and holes in the walls that was done by some previous repairs, We were instructed to repair the damage and holes and to fire caulk all pipes, we were sent hand drawn drawings on how to do the repairs by Ellard Comstack who was the senior project manager at the time , i never got a change order, i just hand wrote a paper with the price and Ellard signed it as a letter of intent and I just last month went to Tuscan to get a statement from him that says Yes he did tell me to do the work. The job has now been cancelled and it will be rewritten and will have to be rebid, Northcon was not asked to return to bid that job and we instead were asked, Northcon now refuses to pay us, they owe us 58,000.00 for the extra work. They have been paid in full . What can we do ?
NevadaWe entered into a contract with a homeowner to build a deck/addition in February 2019. Signed a contract and received a materials deposit, then the homeowner (an architect) started the process to obtain the permit. Throughout this process, they made design and structural changes. We proposed an addendum to the contract for the changes in July 2019, they verbally accepted but never signed the addendum nor made the additional deposit to cover the changes. We put the project on hold throughout winter (the project involved pouring concrete footings and the property is located in southwest Washington state, very wet over winter which is impossible for concrete). March 2020 homeowner advised they had the permit and requested a meeting to go over the build. June 2020 we had the meeting wherein the homeowner requested additional changes, which we needed to subcontract. We waited on the sub to provide us a bid for almost two months, during which the homeowner made additional change requests. Eventually the sub declined the project, which caused us to decline the project, as we were unable to complete the standing requested scope of work. July 25 we emailed to terminate the agreement and proposed a refund payment plan, withholding a certain amount about 25% of the original deposit) for the work we had done to accommodate their many change requests. Last week (late August 2020) we received a letter from the homeowner's lawyer threatening to sue us and our surety bond for breach of contract. By definition, is the homeowner similarly breaching contract, having not followed through on verbal agreements to sign the addendum and make the deposit? They demanded we complete the contractual scope of work, but that structure would be illegal, since the permit for the project describes a very different structure due to the homeowner's changes.
WashingtonThe client we filed a mechanic lien again, filed a lien discharge bond. Client still refuses to pay, we want to get paid by the surety company. What is our next step?
New York