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Change Orders Questions
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Change Orders
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We have a project that has been delayed for almost 2 years. We have completed our work but our warranty period does not start until final completion. Our work has been completed for 1 entire year now and is just sitting. Our warranty is one year from substantial completion. Our work will be sitting for over a year and a half before our 1 year warranty actually starts due to delays from the GC. What recourse do we have? Thanks
PennsylvaniaBay Area GC kicked off public works job and needs to get paid (retention, unpaid scope work completed, and change orders). Is there an alternative to hiring an attorney to guide/submit claim? Or do we need an attorney for this process? Public works agency keeps telling us to 'file a govt claim'. What are our recovery options short of litigation? Money is tight. No sub bond claims made yet. No claims to surety made yet. Any guidance appreciated.
CaliforniaMy company was hired to wire up some new freezers, cooler and add a new fan panel for the freezer and cooler. During the duration of Construction the store had two other electricians there, the Costco electrician and another they called for service work they were constantly adding new circuits or demoing circuits from existing panels. The GC demoed the old freezer and had me disconnect power from fans, door heater, and lights. during this time the GC/ HVAC and refrigeration started draining all the oil and gases from the refrigeration lines on existing racks. Costco called in a HVAC/Refrigeration company to trouble shoot lines and EMS controls. Now the GC/HVAC and refrigeration company is back charging me for the service call. How do I disputes this with a letter?
New MexicoI worked on a project for a GC with a subcontract agreement to subtract actual payroll costs from the subcontract during the progress of the work. The GC wrote in the subcontract that I would be compensated the remaining delta. They provided the materials. I provided the field sampling and laboratory testing via 3rd Party. The GC is unwilling to submit a significant change order for the benefit of the subcontractor due to his relationship with the owner. The outstanding change orders for unforeseen conditions, winter concrete protection, and filling voids in substrate exceed $50,000. The remaining balance of the subcontract also exceeds $50,000. Please advise.
New JerseyWe are dealing with a GC proposed lumpsum contract on single family home remodel and expansion. Of course as homeowners we have wish list, our GC keeps executing our Wishlist without confirming the cost and later send huge add services. Our Contract clearly says they cannot enforce change orders on us unless approved in writing. We are being threaten for litigation and liens.
Additional they did math error on calculating lumpsum amount and we are not being asked to pay more. We never received line item breakdown for each task, rather a milestone payment plan. We are having hard time defining what we owe them, we have requested a finite amount multiple times. All of these issue surfaced only towards the end of the project,
CaliforniaI believe a person was impersonating as a licensed general contractor. When I verified the license in GA, the license belonged to a completely different individual. When I called the provided insurance carrier of the general contractor, the insurance company said the company did not have an active policy. Unsafe electrical and structural work has caused many problems but I do not know the proper legal process to follow. I believe a breach of contract seems correct however since the company has no verifiable information or entity, it actually sounds more like fraud and criminal negligence?
GeorgiaJOERIS does not assumer responsibility for any retainages in their Spedtrum Kiosk job management site. They have yet to approve a change order we filed for some remobilization fees, and they have mentioned filing change orders for us to fulfill for damages done by our crew. The deadline for the Notice of Claim for Unpaid Retainage is in 1 week and I need to know what plan of action to take. If I file a Notice of Claim for Unpaid Retainage will I lose my claim for the pending change order?
TexasWork in the construction industry by selling windows and doors mainly to builders. More times than not we will have add orders for a specific job (some taking up to 2 years to complete). Is it legal in North Carolina to treat each order and add order as a separate 'job'? If not, how do I handle the furnishing dates so as to not lose our lien rights?
North CarolinaWe are purchasing a new construction single-family home from a builder. All our change orders thus far for upgrades included the invoice from the subcontractor/supplier where the cost was based on our selection (cabinets, countertops, etc.). We upgraded the master bathroom and the change order for the upgraded shower/floor tiles based on our tile and flooring selections is missing the invoice from the flooring/tile company. The builder is refusing to provide the invoice and asking us to make the payment without it. Can he withhold the invoice? What are our options to get the invoice for the additional work/materials we are paying for? PS: The upgrade was not based on a fixed fee. The upgrade price is dependent on our selections as was the case with the previous change orders where we selected the cabinets and countertops.
MassachusettsI am property owner where my contractor walked away from the job introducing an un-approved change order. He has already collected after collecting 85% of final payment from 7 milestones but only completing 75-85% of each milestone. At the final he introduced a change order for the work done in 4/5th milestone and 2.5 months before whose payment got denied by us. When we told him to complete the paid milestone job first he left the work (threaten many times before to quit the project too). We paid 7 milestones 100% payment in good faith but we don't cheated and now we don't know how to proceed. If we sue him, we will end up spending more than he owes us. Small claim court is to less amount. Our project is stopped from last one month and we don't know what is best way.
CaliforniaIn April 2021 my company signed a MPSA and was awarded a contract, with a Fortune 500 company. The project is to design, and construct a potable water treatment facility, to remove arsenic and sulfur primarily. The Project is located in the Houston Texas area. For over 10 months, we designed, engineered and accumulated equipment for this project. This project from the beginning, listed 3 distinct Zones, which we designated Upstream, Midstream and Downstream. All 3 locations were well known to all parties (engineers, Development Manager, etc.) involved. We were told each location was available from the start of contract discussions in April 2021. We were finalizing engineering and blue prints, with plans to break ground (in April 2022). But we were told March 14, 2022, that Downstream, Zone 3 was no longer available. This constituted a Cardinal Change, because the original design and plan required all 3 locations. We decided to move forward with an entirely new design and facility. This was NO small decision ! By the end of March, we had acquired key components and began preliminary testing of the new equipment. Keep in mind we had just lost 10+ months time and well over a million dollars in expenses designing and engineering the initial plan. I will cut this lengthy story short, because there is much more. At this time, we are being challenged about our request for additional time and finances to finish the project. Michael Liska 210-284-1257
TexasI am a property owner where my contractor walked away from the job introducing an un-approved change order. He has already collected 85% of total payment from 7out of 8 milestones but only completed 75-85% of each milestone work. At the final stage he introduced a change order for the work done in 4/5th milestone and 2.5 months before. That change order was never known to us and never approved so its payment got denied by us. When we told him to complete the paid milestone job immediately he left the work (He threatened many times before to quit the project too ---red flag but we were stuck with a contract). We paid 7 milestones 100% payment in good faith but we got cheated in return and now we don't know how to proceed. If we sue him, we will end up spending more than he owes us. Small claim court is too small an amount to cover. Our project has stopped for the last one month and we don't know what is the best way.
CaliforniaWill a valid Change Order negate a Final Waiver, which might have already been executed for said project? Is the answer the same for all US States?
AlabamaIs it a scam to charge for an engineering blueprint and scope for an AC ductwork and not use it? Then provide an excuse for not including dampers because dampers are for business units? Also not setting ductwork layout according to the engineers blueprint plan. Ductwork was changed because of excessive mold found. Also, mechanic did not change the moldy plenum that was paid for until 1 week after new ducts were in place. Will this cause mold to grow in the new ducts.
FloridaI contracted to upgrade the electrical panel on my home in July. The preliminary proposal included the installation of an EV charger at an additional cost of $600. I failed to notice when the contract was e-signed that the EV charger install was not included. No work and no communication occurred until December 12. At that time I realized my oversight and began discussion on changing the contract to add the installation of a dedicated outlet in the garage for a Level 2 EV charger. After multiple emails with the contractor, I received an email that the change order would be written up. The next day I received an email that after discussions with management they could not do the change order, but would leave a stub-out for future work. Is that acceptable under CA law and standard practice in the industry?
California