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I had a contractor verbally agree to an estimate for a branch to be removed. It was between 400-600 over the phone. I told him that 600 was steep and he assured me that it wouldn’t be that high and that he should come out because the branch was hanging over a line and that it would save me money. He referred to the initial 400 and made me think it was 400. However, no contact was signed and no actual work was really agreed to and he just started cutting trees. When all was said and done he told me I could pay him in a few days with only cash. He left and didn’t tell me how much. I reached out and asked him what it ended up being and of course he said 600 cash only. And I tried asking why it ended up being the high side and whY the estimate was even in place if he didn’t do anything extra and it was exactly what he had talked about. He also took days to respond to the message about how much. And now he isn’t answering why it was the high side of the estimate. Without a contract, and demanding cash after the job is already done, what am I supposed to do
VirginiaWe have a project recently awarded to us, I was curious if I could hire a lawyer to review the master contract issued, to find any inconsistencies/flaws that put's my company less favorable.
TexasMy company agreed to install a custom stairlift for a DURA client as a favor to her. The City was not willing to pay the other bids. So agreed to install a specific lift to manufacturer's specification. The manufacturer of the lift provides a 3 year warranty on their equipment. We had a factory rep present during the install and they acknowledged the lift was properly installed and in good working order. THe contract with DURA stays our requirement was to "furnish and install" the lift. And the customer was obligated to sign a completion certificate so we could get paid. Even though everything was done properly (According to the manufacturer) she refused to sign and our final payment was dragged out for many weeks, causing us harm, until finally DURA went around her and paid us. THis woman has complained constantly, we have been out, DURA has been out and the factory has inspected multiple times and always stays everything is fine. SHe now continues to make complaints about the equipment (not the install) and DURA is expecting us to send someone out to service. I believe she has breached the agreement, that we did not warranty beyond a proper installation and want to ignore her. Do we have any obligation to continue to provide free service to this woman? I told her she can hire whomever she wants to come service it for her. Please let me know. I am thanking you in advance.
ColoradoI did a job for a customer, he told me to stop work so I did.
Now he’s suing me for not finishing!
CaliforniaMy 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? Eric Mitchell O’Conor Associates, LLC 202-744-8979 Emitchell789@gmail.com
VirginiaI'm out 65 days and the home owner kept saying they would pay us when the sba loan came through. The owner acted as the contractor on this project and hired a bunch of subs to complete the work. They made a partial payment and now they are not returning calls. any suggestions on what to do?
LouisianaJust for my information from you, cos I have come a crossed in constructions.
Thanks.
HawaiiI had a 6 mos contract Dec 1 2021 to May 31st with the homeowners to oversee there renovation. The first GC hired was stealing so I had to fire him and remove him from the permit in March so we lost a months time in finding a new GC which I found May 5th start date with a July estimated completion. The GC kept delaying and we just finished in November. I sent the client the final invoice for the 6 mos 45k and included an additional 45k for the following 6 mos. They said that the 45k was for the entire job I have not received payment since April 25k.. can I file a mechanics lien
New YorkWe are installing an elevator for $38,000. The contractor has asked for a payment schedule of $17,000 up front, $14,000 when elevator is delivered, $2000 at completion of site of install, and $5,000 at completion. This seems in violation of California’s 10% down. However, the contractor has excellent BBB rating, good reviews, and has a valid California license. What lien waivers should I obtain and at what point?
CaliforniaCustomer told me I was no longer allowed on property on a Friday evening. Went to get tools Sunday, was handed letter saying they will charge us $5000. There is only punch out work to be done, I responded with email and mailed a certified letter. Have not heard from customer. Contract associate suggested I should file an affidavit. They owe $1,542. What would our next step be
Virginia14. 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.
LouisianaI’m building a house on cost plus , the owner wants to supply certain items himself , using a different contractor. do I get a fee for providing access an helping out the subcontractor?
HawaiiWe recently hired a landscaper to complete the landscaping around our property , We noticed early on the landscaper was not following the landscape drawings per the signed contract Contractor changed plants and sod ,about a third of the way thru the project the contractor quit and has filed a mechanics lien for almost $25,000 over the original signed contract , it should be noted there where NO signed change orders and the job was never completed ,What are our options here ?
South CarolinaWe have a situation where we are doing a stair remodel and only the husband signed the contract to perform work. Now we are about to have to file a mechanic's lien for final payment due to customer non-payment. I am concerned about the wife having not signed.
TexasI 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.
Texas