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Construction Contract Questions
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Hi.
Can we consider the BOQ items/descriptions as a Scope Of Works in design and build Contract? We do not have clear Contract drawings and Specifications since it is a Design and build Contract. After the completion of the project, some items in the BOQ were not executed and some new works have been done which are not in the BOQ. It is a lump sum Contract and how to do the addition and omission in the final Account?
Waiting for your response.
Thanks
AlabamaWhat are the financial costs to obtain a construction bond and who pays for the bond? Meaning, what party pays for the bond?
South CarolinaHad a roofing company put a flat roof on in Dec. 2015. Had damage issues with them at the time and they were difficult to work with. One thing I wanted to be sure of was that the ponding would not continue, they assured me that it would be a tapered roof. Several months ago an inspector found a number of problems with the roof that warranty should cover. They came out very briefly and just did a perfunctory job, but just two months later there is still an area in the same region where the material can be lifted by hand. So they didn't repair this as they said they did. A lot of water came into this roof section during the hurricane. They are wanting $2,000 to fix this spot and say they aren't responsible because in 2018 there was a puncture repair done there that they did for free at my insistence, saying that a puncture from a limb wasn't covered. The leak ruined a section of hardwood flooring in my house as well as came into a ceiling fan light fixture. The warranty runs out in a couple of weeks. I am not happy with the condition of the roof both from the ponding standpoint and the places where the roof is coming apart. I have photos from the needed repair areas done earlier this year, emails to them, and pictures of the problem area now.
FloridaI am a GC that was hired on a Federal Public job. A contract was entered and I had filed the Millar act bonds in the beginning of the job. They were submitted to the CEO and secretary by registered mail and notary. A rental agreement was also made for the customer to pay additional rental fees. Since then the customer has defaulted on the contract and has been breached. A administration process was conducted by way of notary witness aging. All signature cards were returned and a certificate of non response was received. The affidavit of truth was also certified with the country and then a Apostille was filed in the state. The administration was concluded with a UCC 1 Notice of lien and the parties were served and invoiced. They currently are still binded in the contract with a daily fee for the rental and I am uncertain on how to proceed with the notice of lien and Millar act bonds that were sent registered mail and also entered on the collateral section. I tried opening a miscellaneous case in federal court to process a summary judgement where the case was converted to a summons and complaint. The lien notice does not have any controversy so I assume a summons and complaint is incorrect because of the default. I have a difficult time with moving the courts correctly. I am a self studying paralegal and also contract for my business trust. I am uncertain if I filed my bonds correctly and their customer refuses any contact. The equipment that is in the rental agreement has also been entered into the UCC 1. I know I can do a UCC 3 assignment of debt to the I%RS and treasury with the bonds. I have so many open doors for closure and just cant seem to seal it.
New Yorkim am an individual who did work on a property can text messages be used as an agreement or contract for work performed and labor?
IndianaContractor contacted via text. All agreements were made through text. Now hes refusing to pay
ArizonaI recently started my own General B residential remodling contracting business based in Oakland, CA. I formerly ran a branch office doing the same thing for the past 7 years at my former company but have struck out on my own. My first paid work opportunity has just arisen: I have been offered to be assigned 2 contracts from the company I used to work with that can no longer execute the work. Because my new company is so new in its formation, the proposed business structure we've worked out is that my new company CZB would be subcontracted the work from my former company for a period of time (roughly 6 weeks) while my CSLB license completes its setup. Once I am fully licensed, then the contract would be assigned to me. I am seeking advice from an attorney to review the documents prepared by my former company, and also to create a relationship with an attorney who could help me with contractual matters in the future. This is time sensitive as I am seeking review tomorrow 10/27/22 and to execute contracts on 10/28/22.
CaliforniaWe did some work for a costumer, and she was upset because we did not send the cleaning company, she wanted but it was not in our contract or scope of work. We were just doing her a favor because she had an accident. After that she stopped answering our calls, text, messages and emails. she still owes a percentage of contract plus two supplementals
CaliforniaI have two questions both using an AIA cost plus contract with a guarrenteed maximum price.
What documents would you normally expect to be in a final accounting? Down to drayage tickets and certified payrolls?
The General Contractor has a contingency in the schedule of values. If not used, the contingency fund belongs to the owner. The General Contractor has tried to use Change Orders and charge the amount of the Contingency, without prior notice and without approval of the Owner. I thought you could not use a change order against the contingency
AlabamaEntered into a Contract with a Client for an ADU (accessory Dwelling unit) in Southern California. Discounted original Contract/Bid from $182.5K to $160K. Started work (without the contracted First Meeting), And essentially completed the unit. The last payment of $2,000.00 is all that remains. Client has requested a TRUE and CORRECT copy of final billing showing all that is left undone and incomplete (under the contract). Am I able to file a Mechanics Lien NOW or a Notice to File...?
I have already filed a Notice of Intent to File Lien... and have received several letters asking for the TRUE and CORRECT copy of the final invoice and itemizing What is left Unfinished...
CaliforniaI have a question about the lien process.
If a supplier sells to a contractor and the contractor picks up the materials and takes it to the job site (and the contractor does not pay for them) does the supplier have lien rights? Even though they did not furnish/deliver the materials directly to the job site and the contractor did a “willcall”
OklahomaI am a general contractor contemplating termination of a utility subcontractor with whom I have three existing and ongoing projects. The work has been substandard in many instances and the projects are not being finished on time, per our written agreement. Our contract contains both a default and a termination clause. The termination clause states that I may, without cause, suspend, delay, or interrupt the Work in whole or in part. The Default clause requires me to provide notice of default and an opportunity to cure the default. Is it ok to proceed under the termination clause? I shoudl note that many of the insufficiencies have been discussed orally, to no avail?
Thanks
North CarolinaI'm a service provider/sub to a prime on a contract that is under dispute of whether it falls under the private or public work umbrella. The prime hired us to clean a parking lot that they only leased so they could use it for a staging area for a public works project, but when we filed a claim with the bonding company it was denied. The prime assured us that they would pay in full multiple times on the phone and even made a partial payment, but now will not communicate, respond to communications or make payments against what they owe. Now we are past the mechanic's lien deadline and Oregon Construction Contractor's Board filing deadlines. Do we still have any options?
OregonContractor from the panhandle heading down to Ft. Myers to help with new roofs from the hurricane damage. Just making sure I have the right language with the Emergency Order for my contracts.
FloridaWe are in a payment dispute with the GC based on work completed and progress billing . We will not be able to continue or will need to issue a suspension of work due to now being the 3 pay application in a row denied or not paid to its full direction of payment value signed .
What should I do ? This is essentially their 3 strike on pay app denials .
Ohio