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I fired a contractor half way through project. He then contacted my tenant without telling me and asked to come in and finish the work in her apartment (I assume he thought if he did, he could collect full payment). He just sent me a notice to owner. What do I do?
FloridaI was asked to paint a house in a city that was an hour and a half away. When given the total that the client’s insurance stated that they would cover, I agreed to paint the house for that amount, plus fuel charges. This was also a documented agreement. On the first day of work, I soon realized, upon inspection of the property, that this was no “average” paint project. The house was covered in severely damaged and peeling lead paint. I immediately called the client to inform him of the new circumstances, estimated that the cost would certainly be several hundred dollars more expensive to apply a costly product to re adhere the existing paint so that it could be concealed with new paint (per EPA guidelines), in lieu of the much more costly option of hiring a hazmat team to remove and dispose of the lead based painted siding, then have the added cost of new siding and installation. He agreed to the cheaper alternative of applying a more costly product to conceal. Once condition was known and neseccary material cost increase was approved, work progressed. The material costs ended up being almost $800 more. He has since decided that he will only pay for the original amount that was agreed upon via email. The work was completed on 4/23. Of the original amount agreed upon ($3,169.77, which does not include any of the additional costs incurred), only $1,000 has been paid. I financed the job on my personal credit card consisting of material and equipment rentals totaling $1,448 (no mark up, client was supplied with receipts of charges as they were incurred over the 2 week period) and have since paid interest on those charges. Do I have any recourse to recover the additional charges since A.) the original agreement was an informal email agreement, B.) the increase in cost was verbal and “on the spot”.
ColoradoWe are a material supplier. We were contracted to supply material to a job (contract is with a GC) . We filed 3 pre liens, one for the initial contract and two for change orders. We have all the CO's that were approved and the tracking to prove delivery. The General contractor has stated that he is only going to send 50% of the total invoice and the payment will be complete. Can we cash that check and still file a lien for the balance of the invoices?
CaliforniaCan we send out Preliminary liens for our Engineering phase? We have two phases 1) Engineering and 2) Construction. I’d like to send one preliminary lien to cover the entire project. We work in two phases and currently have two contracts for each phase. We are thinking of having one overall contract and adding an addendum when 2nd phase construction begins.
CaliforniaWE currently have this similar situation in AZ, WI, IL so if I can get answered based on all 3 states...
We are the GC. Original contract is for the shell of the building or buildout of original space. The owner has since issued us change orders for the TI (Tenant Improvement of the space) or added another store buildout at the same site. Even though change orders ties to original contract, is this the case for lien purposes? Is each completion their own or as a whole project? Added to this is the fact that additional changes could be for the original contract or the change order of additional TI or buildout.
ArizonaI had a house built and my builder hired someone to build the fence. We signed an agreement that I would pay the builder after closing on the home based on the estimate he provided.
He wouldn't send a copy of the invoice or receipt of the job. I found out the contractor he said did the work, actually did not do the work and I have that in writing.
He won't tell me who did the work or if it's under warranty but expects me to pay what's on the contract agreement we signed.
If I don't pay him, can he put a mechanical lien on my home if he didn't actually do the work himself?
TexasI am building a new house. I have a Builder that holds the Mechanic's Lien rights. I would like to contract directly with each tradesman instead of having those contracts go through the Builder. Is that allowed?
I plan to secure Lien Waivers from each tradesman. In this case, I'd be listed for both "the person with whom you contracted" and as the "owner". Is it valid to have my name in two locations on the statutory lien waiver form (Texas Property Code Chapter 53)?
Texasi want to know if the contract is still valid if the person who loaned me money to stay out of forclosure never filed a lien on my property and it is over 5 years ago. Is there a statue of limitations on when they can file. this contract basically gives the person my home and i signed under duress to stay in my home and not get kicked out. I don't know what do or where to start research.
CaliforniaHi Matt, one more question. I believe this company is some sort of predator business, the reason I say that is because we called out our original water well pump company to come out on a warranty for a broken pump and he came out and brought others with him, we thought they belonged to the same company and while pulling up our pump to replace it they broke the well pipe off in the well they said "don't worry about it" we'll fix it, so we waited for 3 months and finally the guy that came with our pump guy showed up at our gate and said "I have the well rig right up the road and I'll bring it over and fix the problem" We asked ahead of time if there was going to be a charge for it and his exact words were "don't worry about it" as the work continued my husband kept telling him "I hope there is going to be no cost because I have no money" the guy kept saying don't worry about it" after he pulled out the broken pipe he asked for half the money and my husband said what money and the guy said "you owe me $7000 and I want half now" of course we had no money. and he left us with no water still, before they broke off the pipe we had 50 feet of water in the well and the guy did not pull out the dirt and now we have 10 feet of un-pumpable water. we do not have a contract or a verbal contract at all. We did not know till later that they were a completely different company. are we still liable to pay that huge bill. we told him that we could have gotten someone else to do the same work for $3000 the guys work is worth something so we were going to pay him competitive price and then stop the payments. can he sue us? thanks again Chris
CaliforniaI am a painting in Oklahoma. Sub - Subcontractor from another painting company, that painting company paid my sub out of my contract without notice.
What could I Do?
OklahomaI am a contractor and I hired a sub contractor to perform a work for a house that I am remolding. the subcontractor did not finish the work in the time agreed ( March 17, 2018) in writing. in the contract I have a penalty of $500 for every day after March 17, 2018. I have also a clause stating that no payment shell be made unless work is satisfactory complete.
TexasHello! I own a travel agency. I have a substantial sale, approx $30k for a lodge in Alaska. The client to wants to stay here and that's not negotiatable. I get a bad vibe about the owner and he's lied to me several times. However disliking someone does not equate to them not paying you. I would be entitled to 10% commission. He has refused to sign a commission agreement. I find this offensive and odd. He's impossible to work with and is rude and accusatory. I've done due diligence by way of asking the property owner if they are in default etc., he days they ate not but will not provide the TMK for his property. I typed in his name and the word scam in Google and the search came up with rip off report on a former recruited employee he failed to pay and attempted to go around the recruiter, and approached the employwe to get hired at another entity to cut the recruiter out of commission. I need some advice. Thx. I'm happy to buy your product but want to know if non construction companies can file the lein. Thank you. The lodge 's in Alaska, the owner is in AZ and the companies operate in both. I'm in Hawaii.
ArizonaThe contractor was removed from the job, due to poor performance and poor quility of work.
There was no signed contract and only a verble agreement. But they failed in all parts to the verble agreement. They demanding money for work and materials rendard but have been replaced by another contractor and the new contractor is reduing most of what the first contractor is doing. the first contractor has been paid for most of there work but now has to be redone for the most part, above and beyond what they are owed. Do they have any legal rights?
CaliforniaWe hired a pool designer/builder to complete the installation of a pool and backyard remodel design. We did not allow for sleeves to be in the contract, as we were unclear they were needed, however we did take this information back to the builder once discovered and they agreed via text message to install the said sleeves. They pured concrete without installing the sleeves and are now threatening a mechanics lien on the property due to non payment, as we are attempting to be compensated because we can not go back and place those sleeves as the concrete has been poured. Would the text message from the pool builder be legally binding in California?
CaliforniaI'm in Texas trying to start small aerial construction company. Took a verbal agreement with company that stated:
He would cover housing for two crews, supply trucks fuel equipment and pay us per foot on install, footage price on tree trim and set price to move or make ready at set price. I have email stating pricing.
Texas