Construction Contract Legal Help

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Approximately 4 years ago the government did not agree to pay me a claim tax under the fact that the government could not pay taxes outside of its territory. However, the contract included taxes and the same conditions had to be respected until the contract was closed. I don't know if this can still be made claim....Read More
By Italo Reyes
Waiting for answerAdd commentJan 23, 2021
AlabamaConstruction Contract
As a material supplier we often find ourselves on the same job over a period of 3 or more years. Is there any reason why we would have to file a new preliminary notice on the job to secure our rights?...Read More
By Anonymous Material Supplier
3 answersAdd commentJan 20, 2021
CaliforniaConstruction Contract
How do you find a good construction lawyer near you. I hired 2 different lawyers on 2 completely different matters and I believe was not represent well in either of the 2 matters....Read More
By Anonymous Contractor
2 answersAdd commentJan 18, 2021
CaliforniaConstruction Contract
hello, what is it called when you request data from a company to confirm they can perform the work being asked to perform? thank you! Trying to confirm the proposed contractors are actually qualified to perform the work....Read More
By Anonymous Contractor
2 answersAdd commentDec 4, 2020
FloridaConstruction ContractPerformance Bond
I have a contract to do an addition project, and the owner is being very difficult not following it, making change orders and not wanting to pay. I would like to get out of the contract. What is the proper protocol to stop the work. ...Read More
By Anonymous General Contractor
1 answerAdd commentJan 19, 2021
CaliforniaConstruction Contract
I hired a GC to build my house so he could supervise and handle subs and get materials. When he tried to charge $32,000 for the finish carpenter and I got several bids for $20,000, I hired my finish carpenter. I ended up hiring someone else to finish much of the interior and the Masonry both inside and out. He gave me credit for the amount on the cost breakdown, but since he didn't do the hiring, scheduling or supervise, should he also give me credit for not doing those things and that should reduce the amount on the contract? ...Read More
By Anonymous Contractor
1 answerAdd commentJan 17, 2021
CaliforniaConstruction Contract
I'm an environmental consultant and collected 2, 4oz jars of soil media and with an oral agreement to submit the soil to a lab, which I have an account. There was 8 total analyses for literally hundreds of compounds totaling $1,300. There was urgency on behalf of the Client and these samples would help to define the subsequent proposal and cost estimate. The Client is now saying that he did not order the analysis, says he ordered the analysis to stop and won't pay. He was to late to stop the process of analysis. There is a definite "shelf life" or technically a holding time of 10 days. Please advise....Read More
By Anonymous Contractor
1 answerAdd commentJan 11, 2021
MichiganConstruction ContractMechanics LienPayment DisputesPreliminary Notice
I 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?...Read More
By Anonymous Contractor
1 answerAdd commentJan 15, 2021
TexasChange OrdersConstruction ContractDefectsLegal Property DescriptionRecovery OptionsSubstantial Completion
Hello, One of the contractor I am working with for our home remodel has two sections which seems to favor the contractor. How can the below be written so that it protects the owner as well or is the below a standard practise? ACCEPTANCE ​Acceptance of Contractor’s performance by Owner shall constitute a waiver of any claim for damages on account of any delay. If delay is caused in whole or in part by Owner, Contractor shall be reimbursed for all expenses related thereto, plus a reasonable profit. No penalty or liquidated damages for delay shall be imposed upon Contractor unless specifically provided for herein. WAIVER OF CONSEQUENTIAL DAMAGES Owner waives any claims against Contractor for consequential damages arising out of this Agreement, including, without limitation, damages incurred by the Owner for rental expenses, loss of use, income, or profit. ARBITRATION Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by JAMS under its Arbitration Rules, or by any other arbitrator mutually agreeable to the parties. The parties shall have the right to conduct discovery as provided by the Code of Civil Procedure. Nothing herein shall preclude either party from seeking summary judgment on any cause of action or defense. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In any action or proceeding to enforce or construe this Agreement, the prevailing party shall be entitled to recover their actual attorneys’ fees and costs. NOTICE: BY INITIALING THIS SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OF JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY....Read More
By Anonymous Contractor
1 answerAdd commentJan 13, 2021
CaliforniaConstruction Contract
Design, Bid, Build vs. Design Build. I want to understand which method is more commonly used for public construction projects of 1) roads and highways; 2) public parks and gardens; 3) airports; and 4) stadiums. As I understand that some of these receive funding from private investors, which method is more common for each? Thank you!...Read More
By Anonymous Contractor
Waiting for answerAdd commentJan 13, 2021
CaliforniaConstruction Contract
Contract states " retainage and any reduction thereto are as follows" 8% to 50% of Labor, 8% to 50% of Material". We have been holding 10% and the last payment, retainage dropped to 8%. Does that mean at 50% completion, retainage drops to 8% for the rest of the job?...Read More
By Anonymous Contractor
1 answerAdd commentJan 13, 2021
OhioConstruction Contract
My floor was damaged before we moved in and floor company came out and replaced a few planks but it started showing even more problems and each party wanted me to deal with each other.....also all my woodwork was painted over a lot of dust which looks terrible. I just found out by my association that he built it 50 feet less than he was supposed to. Builder has since sold all Builder lots. ...Read More
By Anonymous Contractor
Waiting for answerAdd commentJan 12, 2021
MichiganConstruction Contract
I am in a condo in North Miami Beach. There was water leaking from above that caused water damage and mold in the kitchen and adjoining bathroom. To restore the bathroom a plumbing work order was agreed to: Replace two angle stops (Master and Guest Bath), replace shower valve, a new toilet, and new tub. 1/2 of the estimate was paid as a deposit. Additionally, we agreed on a specific shower valve model, written in the work order, a Moen PosiTemp which has pressure balancing and allows for future trim changes without needing to turn off the water. The one installed is a basic cheap valve that isn't even the same brand or type specified, with individual hot and cold knobs. The tub faucet has a dripping leak and the shower head does not flow. They installed new angle stops in both bathrooms. They removed the old toilet and tub. When the toilet was removed we noticed the toilet flange needed to be replaced so they installed a new one, which was paid for in full as a seperate work order. No toilet nor tub was installed. Today I was told by the City of North Miami Beach that a permit was needed before work was started for the valves and tub replacement. I did not ask about the flange but if the valve counts I suspect so does the flange. This means that we will have to now pull a permit with a fine / fee for having started work already. I'm not sure if any of their work passes inspection or city standards to know if any of it will need to be re-done by the next plumber. Are there laws that help protect me here? Are there laws defining fair refund for this kind of situation? Is the practice of performing work without a permit legal / are there avenues to report them? Thanks for your time, Peace, Love, Happiness!...Read More
By Anonymous Contractor
Waiting for answerAdd commentJan 12, 2021
FloridaConstruction ContractDefects
Does this contract language waive my right to lien? "Subcontractor expressly agrees that payment by the owner to the contractor for any work performed by the subcontractor is an express CONDITION PRECEDENT to any payment by the Contractor to the Subcontractor and that the Contractor is under no obligation to make any partial or final payments to the Subcontractor, as provided in paragraph 2, until and unless the Contractor is paid by the Owner. Subcontractor agrees to accept the risk that he will not be paid for work performed by him in the event the Contractor, for whatever reason, is not paid by the Owner for such work. Subcontractor further agrees that the liability of the surety on Contractor's payment bond, if any, for payment to the Subcontractor is subject to the same conditions precedent as are applicable to the Contractor's liability for payment to the Subcontractor."...Read More
By Anonymous Contractor
Waiting for answerAdd commentJan 12, 2021
ConnecticutConstruction Contract
I am the homeowner. I hired a contractor (December 2019) to build a pool (finished April 2020). Just a few weeks after built the pool cracked. The pool was drained and patched but the crack re-appeared (May 2020). The pool was then drained again (July 5th 2020) for another patch (which was never done because the pool got demolished). After insisting to the contractor that the concrete was not strong enough we did some core strength tests which confirmed my suspicions. Then a soil test was performed by an engineer which recommended tearing down the pool and rebuilding it with extra concrete strength and a subdrain under the pool due to the type of expansive soil I live in. The concrete company filed a claim to their insurance but did not proceed because the insurance company said that this was a bad workmanship issue which should be covered by the warranty. Now, after 6 months since the pool was last drained, the contractor is asking me to pay for the difference between the original pool design and the one recommended by the soil engineer (about 1/3 of the original contract amount). We are currently with an open hole in the ground after the pool was demolished, we are ready to proceed but I find the extra cost being the blocker. If it was included in the original quote I would have been able to make a conscious decision and commit to it, but right now I feel that I don't have that many options. I have asked the contractor for a reduced extra cost but he insists that I should pay for all of the new extra costs. Also wondering, can I sue the contractor after re-building the pool for any damages? such as loss of use, emotional stress, my extra time dealing with the situation, money loss (I could rent the pool and get some income), others....Read More
By Anonymous Contractor
Waiting for answerAdd commentJan 12, 2021
CaliforniaConstruction ContractDefects