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Change Orders Questions
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Change Orders
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Can retentions be withheld on change orders?
CaliforniaIn California once a lien is filed on a property I have 90 days "after" recording the lien to file an action. So I have read it on several legal & law sites.
It is my understanding that the day has 24 hours, typically counted midnight to midnight. It is also my understanding that "after" in the English language means, after that day of the filing and thus aforementioned day is not included. Otherwise it would not, could not be 90 days. It would be only 89 days.
As a fictitious example: if I register a lien at 3:55 PM at the recorder's office there's nothing thereafter I can do on that day as all government offices close at 4 PM. If hypothetically there would be a government office that operates 24/7 and I record the lien at 11:55 p.m. I would effectively have only 89 days and 5 minutes.
A lien was recorded at the recorder's office on August 1, 2018 (no time stamp). An action was filed, after the fruitless settlement offers, on October 31, 2018 10:51 AM
My action was filed and deemed [suspiciously] on the 91st day after a few month long fruitless attempts to settle and work out the payment issues with the client.
Also, between August 1 and October 31 is at least one official government high holiday; Labor Day. Everywhere else and everything else I looked up in this state or other states it appears that government holidays do not count as well as counting begins after the filing day for obvious rational and correct reasons.
So what is the jurisprudence and truth in California in all this?
With kind regards,
Rob
CaliforniaAFTER 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
FloridaWe signed a contract to install doors and hardware. But now they want us to install temporary doors not the originals from the contract. So basically a change order. But have not received a changer order signed. So no they want us to install the doors as per contract even if they are temporary ones.
TexasHello. I agreed to paint two sides of a house and the home owner made up a contract for the work that I was doing. And after I approved the contract he decided he wanted to change the colors up. Then preceded to take a small portion of the work off. And now he is trying to change his mind yet again. Is he breaching the contract. He is also harassing me by send me like 50 texts a day threatening me with the police and court.
FloridaWe are a subcontractor on a large industrial project. The last day we were on site was at the end of May 2021, however, we did not receive a final change order until 08/10/21. We billed the job 100% including retainage when we received the change. I added the end date on the project as 05/30/21 when we received the change order and the notice of lien is due 08/30/21. There are no outstanding unpaid invoices on this job except for the 100% bill and retainage sent last week. Are we able to use the date we received the change order as the end date on the project? Should we file a lien notice on the due date of 8/30 given the only invoices unpaid are 3 weeks old?
FloridaWe hired a general contractor for a siding job. He is not listed through the BBB. In the original contract it only stipulates the removal and replacement of the siding, fascia, soffit, gutters and garage door frame. There is nothing listed about change orders. Now he is coming to us with these changes that he completed and is expecting payment. All he gave us was an invoice and never discussed cost or how he would handle a change if it came up. What do we do?
OhioDid not file an intent to file lien when job started just completed job about 3 weeks ago. Job is in Georgia. Appears that the GC did not file the commencement notice. Do I still have lien rights? also we were supposed to wire a generator as a change order GC ha decided to use a different company for this job, in my thoughts this should void the 1 year warranty. is this correct?
GeorgiaWhich one is the AIA G701 change order form?
North CarolinaI hired a GC who specialized in repairing fire damage homes. The original scope of the job was to fix a drainage pipe under the concrete slab. Since then the kitchen had to be torn out and tile floors removed etc... since there was going to be a delay on cabinets i asked if they could work ln the bathrooms. essentially turning into a whole house remodel. My issue is that the GC has asked for payment after completing maybe 30% of the actual work mostly demo and refilling the concrete slab and prepping it for vinyl flooring. My issue with this GC is the amount of time it has taken to complete jobs and tasks and do good work. I have found his workers lazy and did shoddy job on the tile shower and now i find that they didnt prep the floor properly where they cut the concrete. so the floors need to be redone. problem is they already put cabinets down. I want them to redo everything they didnt do right. now this will delay the project further and im just afraid they will do more shoddy work since we arent even finished yet. I have already paid this GC 16k to show him i can pay him. Hes asked for more payment but I have refused it until all jobs are completed and inspected that everything is done properly. After 3 months of watching how lazy and time wasting they are only to do a shoddy job with tiles not to mention the countless mistakes with water pipes etc... im now ready to find a new company.... what are my options besides asking him to redo the work?
CaliforniaAfter sending the intent to lien for the 2000. 2000 is a discounted price to what the client owes. We were in process of a change order when customer was agreeing in person only to renegotiate terms and accuse us of over charging her. The client has not paid even after receiving the intent to lien. How to move forward in collecting the money owed?
MassachusettsWe have job where we filed a mechanics lien on June 1st , our 90 day deadline. Just today, we received a change order for additional billable work to be done in the next month or so. How do I handle the current lien and preserve our right to file a lien again if we are not paid in full 90 days after completion of the CO? Do I release the current lien and then file a lien again if needed?
FloridaI'm a GC on a small addition. The framing sub made some errors based on a failure to properly read the plans r take field measurements. After completing the corrections he then issued a change order which was not approved. After explaining that these were his mistakes to correct and in any event you cannot expect to get paid by issuing CO's after the work is complete, he has now sent a prelim notice despite the fact that he was last on the job nearly 60 days ago. My expectation is that he intends to now issue a notice of intent to lien. What is the best way to deal with this?
CaliforniaAfter a Change Order has been agreed, if it is later found that there were errors in its preparation (incorrect exchange rate applied, for example) or impropriety on the part of the contractor in overstating the resources employed, or even discovering that the work the contractor is claiming as additional was in fact actually part of the contractor's responsibilities according to the original signed contract, can the Change Order be revised or rescinded?
Of note, I am coming late to a contract that has not been managed well.
Grant S. Murdie, MSc, CEng CEnv
grant_s_murdie@hotmail.com
HawaiiI’m a sub contractor that hasn’t been paid for change orders or last contract payment. As soon as we requested payment For change orders the GC requested us to leave the site before finished. Do we request payment for the full contract amount and change orders?
Oregon