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I am the owner of a new construction (completed Aug. 2021) home in GA that has a lien filed from painters in February of 2022. It is for $ owed from the builder (not the owner) for invoices not paid up until June of 2021. The work that the painters did in February 2022 is primarily punch list and repair. Does that allow the lien to be extended/filed even if the actual work was completed in July of 2021?
GeorgiaI was recently told that Home Improvement Contractors (i.e., kitchen remodel) are not allowed to provide a Time & Materials contract - that the contract must be a set price and any changes to the scope of work/price must be covered with a Change Order. I'm looking for the statute or ordinance to confirm that it is not legal/permissible for the Licensed Contractor to issue a T&M contract. Can anyone help?
CaliforniaI have a current scenario in which the Contractor provided me a time frame of 3-4 months to complete a job. It has been over a year and was still not completed. During that time frame (9 Months in) the ROC was contacted, opened a case and had an onsite review with ROC, and principals. During that time there was an agreement to give the contractor one last attempt to finish all work. This was in front of ROC member. The agreement was the contractor would complete work listed within 3 week period for a set final payment amount. The contractor failed to meet that time commitment and work had still not been completed into 3 months from the ROC meeting. At that point the Owner fired the contractor so she could engage with somebody else to finish the work. The owner provided the contractor more than enough time to complete the work. The owner wanted the ROC to render a finding in the case but he said he could not because the contractor was fired. Now the Contractor is attempting to collect fees from the Owner above and beyond was agreed to in the original contract. And the contractor is stating he is not responsible to come back and fix any of the items that he started. What should the home owner do at this point?
ArizonaClient is unhappy with their GC’s pace of work, the GC is still performing, but behind schedule . They want me to take over the job, but the GC has yet to be terminated. What kind of legal risks am I facing from the client AND the GC in this situation?
CaliforniaHi,
We are a small construction company mainly dealing with residential sector. Due to an understanding reason we hire subcontractors for variety of works.
After last year's analysis we have come to understanding that most, if not all of our delays were caused by the subcontractors. Subcontractors are not always on time to do their work which leads the project to fall behind, increasing extra cost and clients dissatisfaction and therefore loss in profit.
I would like to ask if there waiver template we can use which would oblige the subcontractor to be on agreed date and if they are not then they simply liable for the penalty or certain fee occurred due to the delay?
CaliforniaNew Clients
NevadaWe signed a contract in April. Estimated closing in September. Construction has not began yet because pf flooding zone permits. Now they saying estimate closing in December or January. Can we terminate that contract and get our money back?
GeorgiaHi Lawyers:
I hired a General Contractor to build an "in law" house on my North Carolina property. There was no officially set delivery schedule on the time and materials-ish contract. The project is near done, but has taken 2 years, through multiple excusable and inexcusable delays. We had a serious talk, and I demanded he needed to communicate ahead of additional; work, and delays. He agreed, claiming he had gone through a "personal rough time". 3 months afterwards, more delays, causing the electrical utility to postpone connection. The GC has stopped returning calls for the last 2-3 weeks. He failed to provide the utility (Duke) a response to required paperwork.
Do I need to take any action before getting a lawyer to help with this ? What kind of law firm?
Thanks
North CarolinaI have a question regarding the Prime's delay in submitting a subcontractor's invoices to a vendor for payment. My business provided work for a Prime contractor. They are now rejecting invoices that are over 1 year old, even though we submitted these invoices in a timely fashion. Is there any requirement for a Prime to submit all invoices for service provided within a certain time frame? Or can a Prime hold onto a subcontractor's invoices, without submitting them to the state, for an indefinite period of time? TIA
Illinoisif a home tests positive for asbestos, is there a requirement to retain proof of the tests for the contractor to demand payment for mitigation efforts?
ArizonaWe are a domestic sub contractor for a main contractor handling the electrical installation in a building. CSC was issued to the main contractor but they refuse to issue to us. Can i know what are the implications? All my UPS, Gensets and transformer gears are expiring on warranties. Is there any recourse for me?
KentuckyWe have been working with a Residential Contractor for almost two years, they sent us an Independent Contractor Base Agreement. I am sure this is a standard agreement, I have even seen other Contractors leave this section off from their agreement. Im sure you are familiar with the section of LIEN CLAIMS where it states: Contractor shall keep the project site(s) and the premises upon which the Work is performed free of any claim or lien. Should any claim or lien be asserted or filed, Builder may, immediately and without notice to Contractor and in Builders sole and exclusive discretion, pay an amount sufficient to discharge such claim or lien, bond over or insure around such claim or lien, and in charge the cost of doing so against the Contractor by deducting said amount from amount owed to Contractor. Contractor must remove all liens and claims of lien per requirements of any lender providing development funds for the project location. IN ADDIITON TO THE OBLIGATION TO THE OBLIGATIONS UNDER LAW, AND WITHOUT LIMITATION ON ANY OTHER INDEMNITY OBLIGATION HERIN, CONTRACTOR FURTHER AGREES TO HOLD HARMLESS, IDEMNIFY AND DEFEND BUILDER AND/OR ITS AFFILIATES FROM AND AGAINST ALL LOSS, COSTS, DAMAGE, EXPENSE (INCLUING ATORNEY'S FEES AND COURT COSTS), LIABILITY, JUDEMENT OR DECREE, WHICH BUILDER MAY SUSTAIN IN CONNECTION WITH ANY SUCH CLAIM, LIEN AND ANY NOTICE OF INTENT TO LIEN......
Can we refuse to agree to this specific section, cross it out or what can we do and still be able to work with this contractor? Does this mena we have no right to place a lien on any property even if we are not being paid for work completed?
TexasOwner of property who has paid lien, and contractor won’t remove lien.
TexasI had a rent to own contract for one year. The manufactured home was completely unlivable. The bank would not even Finance the home. I had a year to fix it up with my own money and get it financeable while I also paid $1000 a month in rent that would not go towards any payment for the home. I spent over 20,000 out of my pocket to completely gut out and remodel this manufactured home with a contract between the owners and I that they would sell me the property for 210,000 once the year was up. With the stipulation that I would have 60 Days from the end of the contract to close out the sale of the home. Right Before the year was up I contacted a loan manager to get the loan ready and going. For some reason the loan manager was not able to close out the home by the 60 days even though I was in constant contact with him and he kept reassuring me everything was fine and we would be closing out on time. He was also for some reason in contact with the home owner letting them also know the progress of the loan. Right before the 60 days was up the loan manager told me he would not be able to close out the loan on time and he would not move any further with the home loan unless the owners agreed to give him 2 more weeks which they decided no they did not want to do. I should also mention I had to pay for the house to get appraised as part of the loan of buying it and it was appraised a little over $100,000 over the cost they were selling it to me for . I just went to court for eviction on this property and have 3 days to get out with no equity reimbursement or material reimbursement for all the work that I have put into it. What can I do about this and who would I talk to. I have a contractor's license would I be able to put a lien on the manufactured home until I am reimbursed for payment for the work that I've done?
OregonLet us leave this washing of the bones of poor children and insidious judges, it can continue indefinitely. Let's remember that in test tasks with the choice of one or more correct answers, as a rule, there must be a so-called distractor - an incorrect, but plausible answer. Or when writing an essay you need to write it correctly. When proofreaders for dissertation exist, it becomes easier to write it. This contributes to good development and understanding of why you need to write an essay at school.
Roughly speaking, this is a kind of bait that a person who does not know the topic deeply enough pecks at. Should we be indignant about this, accusing the compilers of the tests of deliberately trying to flunk the examinees by slipping them a snag? Not? But they could!