14. Termination. Upon notice to Owner, Contractor shall be entitled to terminate this Contract without penalty. In the event that Owner terminates this Contract, Owner shall give written notice to Contractor and Contractor shall be entitled to the cost of all work performed, authorized and/or material in place, and/or ordered at that time plus 7%, and costs incurred by reason of such termination, along with reasonable overhead and profit on the work not executed....Read More
My client wont pay me after more than 96% of his project completed. From first East he was trying to stay under $60k and he added $10100 which he admitted on his text message. Is there anyway you can help me with this matter. I am looking forward to hearing from you soon ...Read More
My residential construction agreement in VA was canceled by the client for what I believe to be no cause.
I did not have a contractors license when the agreement or when two separate financial draws were givin to me ($23k & $76k). It was understood that I was working on getting the license and have gotten it .
Am I entitled to legally recover the $254,000 in lost income form wrongfully being terminated?
O’Conor Associates, LLC
Hello, I am looking for some construction contracts. Is there someone here who can help me with that? I am looking for the following contracts: 1. Lump sum contracts 2. Time and materials contracts 3. Cost-plus contracts 4. Unit price contracts 5. GMP contracts...Read More
Hi, I want to know the process I must take. Our company was subcontracted to do work. The contractor signed a proposal that agrees to deliver full payment upon completion. It has been 3 months and we still have not received payment. every time we ask he gives an excuse saying he didn't get paid yet. Which is none of our concern because that wasn't in the contract. What is the step I must take to go about getting payment? We are in the State of Florida, and we did not do a Notice to owner before we started the work....Read More
I'm converting our contracts to cost plus a fixed rate. When I send my employees to a job I want to invoice for our billable rate for that employee. I fear a difficult customer may say our billable rate is not the cost rate of my employee. Should I add a line to the contract stating: Customer will pay incurred builders costs for sub contractors and materials, and builders employees will be invoiced at a rate of "X" per hour. Should I specify different rates for different labor rates (employee staff). ...Read More
We contracted a reputable pool builder outside Philadelphia to renovate our pool. The same company who we contracted with to renovate the pool also built the pool. Once the renovation was complete we noticed discoloration in the plaster. They told us it would cure over the winter, but it was worse when we opened the pool in the spring. The company sent out a plaster expert who concluded the water chemicals caused the discoloration and therefore it was our fault to resolve. We followed every instruction, waited as we were instructed, and now they are saying it was our fault.
We are looking to understand what recourse we have for getting the services from the company to fix our pool...Read More
I am a contract pumper in Reagan County Texas. I pumped wells for Endeavor Energy for many years and was paid $12,180.00 a month for contract pumping. Endeavor sold the wells that I pumped to a company called Digital Operating Company LLC on 8-2-2022 and I pumped the wells until September 24, 2022. After I sent an invoice for September pumping on September 18, 2022 for $9000, a cut of $3,180 to try to keep my job, I was sent an email at 12:42PM on September 23, 2022 stating that they no longer needed my services and when this is completed, you will receive final payment minus expense for cleaning up your unreported spills. I made every well on the September 23, 2022 and there were no leaks or spills so I contacted the Railroad Commission to see if any leaks had been reported on any of my wells and they said no. I contacted them on several occasions about paying my invoice. On November 3, 2022 I contacted them and said, "We have been in contract with Railroad Commission and they confirmed there were no reported leaks, we are expecting payment for services provided during the month of September 2022, If we do not receive payment by November 9, 2022 we are prepared to file a Mechanic's lien again Digital Op." On November 8, 2022 at 4:28pm Leslie wrote, "We will wire you payment for 23 of 30 days of pumping services for the month of September 2022 ($6,900) tomorrow. Please provide wire instructions and we will send first thing in the morning." On November 9, 2022 at 9:14 am I replied. "Leslie, The amount being prepared for the mechanic's lien against your wells is for my invoice of $9000. I pumped these same wells for Endeavor by the month for $12,180 a month and I was forced to come down to $9000 in order to try to keep my job once your company took over. This was a $3,180 cut from what I normally charged. In lieu of the fact that you dismissed my services with out any forewarning, I expect to be paid the monthly invoice amount of $9000 as agreed upon. I work by the month, not by the day. Attached are the wiring instructions from my bank. They answered with a email threating to counter sue. As of today, nothing has been paid....Read More
I was an investor on a rehab project. The Owner on Title to the property to be rehabbed was also the Contractor. He never completed the job 4 years ago and was incarcerated shortly after only starting the rehab project(he has been in jail since). I was in litigation for 3 years on a Quiet Title Action on the property in order to gain Title. That case fell apart and was dismissed due to Lawyer Malpractice. I sued in Small Claims for a Judgement in order to obtain a Lien. I recently lost. I am trying to exhaust all possibilities in order to have a Lien placed on this property. ...Read More
I'm an electrical contractor who has an opportunity to work for another contractor in buildings where they already have a relationship with the building/property management/owner.
If the contractor is unable to pay us, I want to be able to collect from the property owner, even though my contract will not be with the owner.
I'm looking for specific language we can insert into our standard contract to ensure we can collect from the property owner if it comes to that....Read More
I did for some work for a contractor out of Castle Rock,Co., but the job location was in Watford City, ND. He sent me home for the holidays and was supposed to have called me back when job was ready to start back, but never did. I found out that he bought in another crew to finish my work. My contracted work amount was just over $100,000 and he only paid me about 15k of that amount. Is there a way to sue to for breach of contract and collect lost wages / profit, which would have been @ $50,000.00 ?...Read More