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However, in the event that Owner temporarily halts the work, Owner assumes any and all liability and responsibility for any and all costs associated with, related to, and/or arising from the work delay including, but not limited to, wages, loss of income, start-up costs, sub-contractor charges, additional trip charges, delayed material delivery charges, and material loss charges. Owner further understands and agrees that these charges may, at Contractor’s option, be deemed and considered to be extra work and be due and payable as extra work in accordance with the payment schedule below. The parties agree that Owners will only be allowed in the work area when accompanied by Contractor.
LouisianaI filed a lien and the owner passed away before I could go to court. I was then told to keep my lien up to date every 2 years so it doesn't expire so I did since 2018 to present. I could not find out who the new owner was till recently where I then filed a claim against property also. Now new owner wants to file a claim against me for slander of tile. I'm being told now that my lien my not be valid and I'll loose all money owed to me by original owner. Any advice please??
New MexicoAs a contractor am i entitled to a project cost increase if, my vendors and subcontractors post they will be increasing their cost?
LouisianaWhat happens when the company pulls the permit and doesn’t inform the homeowner about the Notice of Commencement? Are homeowners just expected to know about it? The company I hired intentionally never told me about it or asked me to sign. Why wouldn’t the homeowners signature also be required for the permit? I believe much of what happened probably wouldn’t have if it was. Not only does this leave homeowners liable for paying twice, it can lead to a number of serious adverse effects. My family’s safety and well-being were completely compromised because of the health hazards from the property damage this company left behind. Without the NOC, my roof went on without a midway or final inspection. They left the permit open and refused to take responsibility for any of the damage they created when they caused my pan roof to collapse. This included a 40 foot stretch of fascia torn off my roof that exposed my home’s structure and allowed rainwater in. No one ever said anything to me about it; not their insurer nor the adjuster and I know that they knew. I started battling allergies and chronic migraines I’d never had before. Two years later, my previously healthy 6 year old dog was dead. Another year later is when I discovered the mold and I had no choice but to abandon my home of 22 years. This devastated me. I’m broke and homeless because of the entire ordeal and I’m probably going to lose my home. I’ve been trying for the past 3+ years since the day that this happened to get somebody to help me. I’m at a loss how the hell this could happen to begin with. I do have one last question though…I’d just like to know why this was allowed to happen. Why did having recourse depend on the amount of money I had when this business was licensed, bonded and insured? Suing them civilly shouldn’t be my only option when there were criminal violations as well. I later found out the people who I contacted with weren’t licensed owners as they made themselves out to be. They weren’t company employees. They were unlicensed contractors renting the owners license. There was no oversight whatsoever when their workers were busy destroying my home, not even a foreman was present. Can someone please explain how this is OK? I can’t for the life of me understand…
FloridaWe did not file a notice of intent to lien. It has also been over 60 days since completion due to waiting on insurance proceeds. Can we lien or sue?
Wilson Ellis
S & S Contracting
337-277-1654
LouisianaHello my name is Heather Morton (614-209-3964).. I have a pending mediation hearing against Dabella Roofing .. Please see my following statement and photos about my case... im seeing if an attorney may benefit me.
Thank you,
Heather
Hello Court and magistate,
I appreciate the court giving me the opportunity to detail the experience I had on the customer side of having a roof installed on our house by this large roofing business…. Dabella.
We were initially quoted 15,193.80 for the roofing job and we ended up paying $20,200.
We also have an estimate of $4792.50 to clean up excess debris in attic.
Their argument is that it is in the contract that the price and materials can change during the job and that I signed all of the initial estimates, addendum‘s, and then ultimately a gag order and so the case is closed and I have no recourse on their final determination.
My argument is that the extra work and materials stated in the addendum should have been noted in the initial estimate and was the fault of the large roofing company to miss such extras
We were misled that the job was to satisfaction and the final inspection was incomplete ……..the leading managers did not do a thorough review of the work, (which would include entering the attic and checking complete flashing during or after the job) and which we later found out was incomplete, this did not comply with the contract that was signed by this large roofing business.
>that we were misled on the area and number of sheets of plywood that was used, the attic contained far in excess of a reasonable amount of debris, and that flashing was missed on major parts of our bay windows causing leakage.
>And finally high-pressure tactics and intimidation were subjected on us that if we did not sign the addendum, agree to the terms, pay the extra amount for the work and materials, we were threatened that the job will be stopped halfway with the roof already torn off during a snowstorm, and liens to our house and credit would be initiated.
When the addendum was brought to us we DID refuse to sign it because we stated all of the above, but we were cornered into signing the addendum and gag order under duress and then we were left with an incomplete job due to a lackluster final inspection which breaks the initial agreement…
WashingtonThe owner terminated our contract orally, is he supposed to pay the remaining of the contract amount plus what is remaining from supplier?
CaliforniaI am doing a roof for a investment company. I have an original contract signed. Upon starting I realized a change order was needed. The investment company verbally agreed over the phone an paid for the extra material. Now he don’t wanna pay after the job was finished
MichiganI built a library-style bookcase for a customer, actually two of them. The first time, built and delivered, she accepted. A few days later, she decides she wants to change the design. I sent her new price to build the new design, we agreed upon a March 17th completion date. I delivered the bookcases to her on 03/13/2022, with the plan to do the install the following week to meet the 3/17/2022 completion date.
I requested progress payment on 03/14 prior to final install...she cancelled and said she did not agree to the new contract. Then would not let me get my tools, which required a civil standby. Even then, she kept materials and tools that were mine. I gave her many alternatives to cancelling the project, including me finishing it completely, then her making payments for the balance. All of which she refused...claiming "abuse of an elder", break of contract", and misrepresentation. I was obviously blindsided by all this! On 03/23, she sent me an email with a lawyer cc'd...telling me to make an offer...and that she was going to file at the end of the week, asking for $3000.
She actually filed her complaint on 03/22, and I of course was trying to come up with ways to resolve whatever the issue was. She refused to meet me, she refused every attempt I made.
Fast-forward to 08/02/2022, the trial. Well, it was terrible. I did not know people actually lied under oath! I was prepared to defend myself with the facts...but the lies, I was not prepared for. I lost...AND was ordered to pay her $2000!
I filed a request for a new trial last week, based on "the discovery of new evidence that even with due diligence would not have been discoverable prior to trail"...the new evidence I discovered...the Customer's lies!
A few issued with this:
1. She did not serve the registered agent I have listed for my business. But now that the trial has occurred, is there anything I can do to have it dismissed for lack of proper service?
2. She made false statements during the trial that I have evidence backing up that she is lying. Could this help me?
3. This is a frivilous civil suit, which is a crime in SC. She commited perjery, said that I was, "a liar and a cheat" during the trial. Accused me of all kinds of things with her lawyer copied.
4. The judges order made no mention of my counterclaim, which was for $7500 - this customer owed me $3500 when she decided to cancel, kept my tools, kept materials that are not part of the project, refused all attempts to settle this out of court, and gets to keep an 11ft wide x 9ft tall hardwood, custom-made, gloss white, built-in library-style bookcase.
I was not prepared for trial, and the trial is over....there has to be something I can do to recover what is belongs to me. What should I do?
What I want to do is:
South CarolinaI was hired to do the cabinetry for a contractor and was only paid half of what the total bill was.
UtahWe recently signed a contract for construction on a residential home for approx. $75k. The client is an LLC. We started on 09/01 and one of the members of the LLC showed up on the job site on 09/12 and kicked us off threatening to call the police and with legal action. Apparently this member hadn't been informed of the contract or our work on the project. We have researched and found that the contract signer is the "manager" of the LLC We have also requested a copy of their operating agreement. We would like to know our legal rights and the right way to move forward with this project.
CaliforniaHow can I enforce the lien? Thank you H. Casey Chicago
IllinoisI have sent my customer a demand for payment letter. We completed the work and all materials have been installed. He has responded to the demand letter and in his letter he states that I have 30 days to provide evidence for the reason of the demand letter. How do I now respond back to him?
CaliforniaHow do I tell a subcontractor that their trade doesn't have enough scope for it to be worth adding to the schedule?
FloridaHello. A company is threatening to file a mechanics lien against my home. They were contracted through our home insurance provider. The home insurance representative has sent the company an email disputing their work, double charges on some items, and inaccurate measurements/charges. The company is not responding to the home insurance and is insisting that I pay the amount dictated or they will file the lien. Can they do this even though there are apparent errors/fraudulent charges in the bill they are asking me to pay?
Virginia