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Change Orders Questions
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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?
New YorkI am a subcontractor on this project even though I am a general contractor, I am only providing all the light gauge metal studs and all phases of the drywall including Exterior (Dens-glass) and interior on this particular project, it's a new build from the ground up, 5 stories 109 guest rooms. I was awarded the work as the GC knew I was from out of town, we allotted 6 months for this project from the time we started to the finish of our phases, based on the G.C.'S schedule and timetable for us. This project had a lot of issues with the schedule to begin with due to COVID this was put on hold for about a year or more before it came back online and had a lot of issues out of the gate, but we were in constant communication with the project manager and job superintendent. And based our schedule, on the job schedule from the project manager (through building connected) and that communication, and due to being from out of town, it took us many months to find a place to stay for four people that would all be working on the project, for an extended amount of time again allotting 6 months for the project, so finding a place to stay for the duration of the project had to be done months before our part of the project started. We were scheduled to be on and start the project on May 23rd 2022 so we made sure that we were here and moved into the place we rented a week prior to that so we would be ready to start on the 23rd. We were scheduled to have 10 working days to do the exterior Dens glass, but due to issues on the project, and none that were our fault, the constant delays prevented that from happening, and stretched that out to about 5 plus months before we could complete that, and even now at this point, 6 months in (today is 11/25/22) we are still waiting for them to address some issues so we can actually complete the exterior. And now they want to change some things on the exterior. Anyway all that we have done on the interior is about 200 sheets of prelim work. So, I need to know if I can and how I can bill for the "extended general conditions" on this project. meaning, can I bill them for the cost of our stay these last six months? I have six months of rent on the house we rented as well as an Office/storage container on site. I also have a lot of flights/travel (driving back and forth) between Sacramento where we are based and live and this project in LA. I am already trying to get them to approve my change orders on the material price increase since we first bid this 2 years ago, which they said wouldn't be an issue, but now it seems to be an issue, due to them changing management in the middle of this project. We still have about 5-6 months to go on this project which will double our projected timetable/ cost that was again based on "their" the General contractor/owners job schedule, and should not have to pay that out of our pocket. Can I bill for and how do I fight to make sure that they cover these cost due to their delays? Thank you.
CaliforniaI am a subcontractor that has not been paid for my materials and labor.
DelawareWe are a sub-sub contractor providing services to a sub on a big project. Our customer has give us multiple purchase orders/change orders to charge our services to so they are able to allocate funds on their end. Is there a need for us to send a separate Preliminary notice for each phase or PO if it is with the same customer on the same job?
CaliforniaI'm a Concrete Contractor, for this project we have not gotten payed, The owner says no Change Orders were signed but she agreed to them. Her checks bounced for non sufficient funds and she won't answer emails, we sent notices via certified mail and notices have been left for the documents but nobody has claimed them and returned to sender. Using levelset, we learned the property is owned by a different person and we have notified them as well and have not gotten any response from the home owner.
the person who signed the contract wants to countersue because she doesn't want to pay the extra fees or the change orders she made and agreed to
CaliforniaI have two questions both using an AIA cost plus contract with a guarrenteed maximum price.
What documents would you normally expect to be in a final accounting? Down to drayage tickets and certified payrolls?
The General Contractor has a contingency in the schedule of values. If not used, the contingency fund belongs to the owner. The General Contractor has tried to use Change Orders and charge the amount of the Contingency, without prior notice and without approval of the Owner. I thought you could not use a change order against the contingency
AlabamaAn owner stopped us from Finishing our job and refuses to pay for work we’ve done.
OregonAs a GC, am i entitled to a cost increase if, my vendors and subcontractors increasing their cost?
LouisianaI am a subcontractor and have filed intent to lien. The GC wants to have a meeting to discuss. Do I need an attorney present? Or do you ace advice on how to handle.
TexasI am a subcontractor who performed work in Oklahoma under the assumption the GC I was working for would be issuing my company a change order to our contract for extra work my company performed. GC has gone quiet and has not issued said change order. We have reached out multiple times to inquire about this missing change order and received no response.
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AlaskaWe are building a garage and the customers are being unruly the husband wants things done one the wife wants it another then they will yell at us because they both want it done different ways works already have walked off the job
New YorkI am a subcontractor in the state of Texas, hired by a general contractor, to complete a flooring installation for a commercial business funded by the state.
For the sake of the following argument, please take my words at face value.
The situation: the owners/GC are exceptionally difficult to please, beyond reason, and created weeks (months even) of delays due to their indecision and lack of communication. We had (FINALLY) reached an approximately 90-95% completion mark, and we were at the "fixing defects and completing punch list items" stage when everything all went to hell.
We offered a few different solutions to the alleged defects and vague punch list requirements ("I don't like it over here, I don't like that section over there, this piece of flooring has too much variation, that piece doesn't have enough variation, etc.). The GC said, in an email, "to standby for a decision." We received no opportunity or clearance to proceed with the job, only several emails putting us on standby and/or delaying any sort of completion, followed by over a month of silence and crickets.
During this timeframe, the GC hired another subcontractor to "fix" our work. (We know this because other friendly subcontractors, also working in the building, told us as much off the record and sent pictures of the altered floor.) In short, the other subcontractor messed it up really, really bad and to the point the floor looks absolutely nothing like we left it. In fact, the majority of our installed flooring was removed or damaged. Honestly, even if we were to fix it, it would basically have to start from scratch, materials and everything, but I digress.
SIX WEEKS WITH NO RESPONSE LATER - The GC sends us a 48-hour Cure Notice, basically stating that we are in default for not completing the work, not holding up our end of the contract, we might be responsible for costs and other subcontractor fees and legal fees and all that jazz. We responded to the Cure Notice the same business day we received it, addressed the claims therein, and again offered a variety of solutions/actions. Crickets again, no communication whatsoever.
Now, over a week after THAT email and our response, the GC leaves a voicemail about trying to reach an amicable solution and how he hopes we'll be honorable people considering how we've held up his project so long. Mind you, this is the first time anyone on that side of the project has responded cooperatively to our attempts at communication.
The GC/Owners have caused inexcusable delays, even perhaps deliberate lack of communication, with a side of shadiness by hiring another company to redo the floor while we still have an active contract. (For the record, we've been paid just about everything except retainage, and our proposed solutions and implied completion would have taken, at most, two more business days once approved.)
What actions are open to us? What state law allows us, in the absence of any other definitions or agreements, to quit and close the contract if something doesn't give?
Secondly, the contract states that the subcontractor (me/my company) is not obligated to warranty the manufacturing of another entity, but it doesn't discuss what or when our "product" is no longer "ours." As I mentioned, the floor has been altered/destroyed beyond our recognition and, officially, without our knowledge or consent if that matters. What law designates when a product stops becoming OUR product and is no longer our legal or financial responsibility? How does a subcontractor fight back in these instances when they're being unreasonably pushed and pulled around and threatened? What law or statute or anything can I reference, beyond my own documentation supporting my claims, when our latest attempt at communication/completion goes sour again, as I'm sure they will?
TexasOriginal contract was $202,846.62 (paid in full). Client issued a change order at end of job total billing for CO was $20,265.75 (Invoice date 3/31/21) We haven't been paid and the client refuses to communicate (won't return calls/emails). This project was before we signed on with LevelSet so we missed deadlines. What can we do now to collect on services rendered?
TexasI am currently doing a job in California with 3 phases, we are almost done with phase 1 however the GC made the contract very vague, and I am trying to look for a way out of phases 2 and 3. The GC has also refused to pay the change orders we had already agreed on.
Texas