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Example: HVAC Vendor-Salesman guarantees me that he can produce said RTU's in 10 weeks, while everyone else is at 16-24 weeks. We as the Contractor of Hire then provide said HVAC Vendor with an agreement to then be told in 8-10 weeks that its 6 weeks more or worse yet be told its one week more for six additional weeks all while knowing from the very beginning the allotted duration was always 16 weeks. What recourse or clause can you as the contractor of hire implement to hold the HVAC vendor accountable for their claim
OhioOur company has a signed contract, first and second payments were made per contract. Final payment of $5500 when work was complete was not and she has not responded to email, calls or texts. Can we add court fees to amount we make the lien for? Do we have to wait for her to sell before we get our money?
MinnesotaThe homeowner is trying to file bankruptcy not to pay the final due bill that she owed us.
North CarolinaGreetings,
On a small construction project, whose scope of work was demolition, a piece of equipment was removed, which apparently shouldn't have been.
We are a subcontractor on the project, and the GC stated that our organization is finanicially responsible for the cost of the piece of equipment. It could be argued that we weren't informed NOT to remove said item, but that is besides the point.
When we requested payment, the GC stated that the project Owner would "let the cost of the controller (piece of equipment" go away," but instead wants a whole new system of equipment installed.
The GC then said the cost for this whole new system of equipment, rather than just one piece of destroyed equipment, exceeds our small contract value. The GC then asked us to revise the original contract value because we will not need to return to finish the project until later this summer.
Long story short, are we responsible for eating the cost of a whole new system? And also, it seems as if the GC is trying to get out of paying us anything (they've paid nothing to date), by then asking us to revise the original contract sum.
I would appreciate any insight, and I apologize for the vagueness of my question; I've tried to use only generalities for the purposes of anonymity.
PennsylvaniaB & B submitted a mechanics lien and received a letter back basically saying that what we submitted is not valid. I'd like to review the letter that we received to make sure that we do not need to release our lien.
PennsylvaniaThe contractor used sand to fill 8-foot slope to build a pole barn garage upon. Contract called for gravel, compaction prior to building erection . Original contract for $21k, I gave $8K prior .Contractor dumped sand built on it and was gone in 2 days, then demanded balance. Sand washed out I withheld monies owed to repair, I had all sand around build removed as best could be and dirt and gravel brought in properly compacted and errosion blanketed and seeded. The contractor filed lein which fell off after 1 yr , now 4 yrs later the contractor is insisting on inspecting property and demanding money and having his lawyer demand 21K. I still need the floor jackhammered up and replaced. My questions: Does the contractor have a right to keep coming on property 4 years later and harrassing me. I live in Oneida County NY and contractors do not need to be licensed.Have I done the right thing ,to withhold and use that money to fix his wrongs? Thank you
New YorkWe design, manufacture and install prefabricated panels for Passive Homes. The potential contract would be with the Homeowner who is acting as their own GC
New YorkI am a subcontractor in the state of Texas, hired by a general contractor, to complete a flooring installation for a commercial business funded by the state.
For the sake of the following argument, please take my words at face value.
The situation: the owners/GC are exceptionally difficult to please, beyond reason, and created weeks (months even) of delays due to their indecision and lack of communication. We had (FINALLY) reached an approximately 90-95% completion mark, and we were at the "fixing defects and completing punch list items" stage when everything all went to hell.
We offered a few different solutions to the alleged defects and vague punch list requirements ("I don't like it over here, I don't like that section over there, this piece of flooring has too much variation, that piece doesn't have enough variation, etc.). The GC said, in an email, "to standby for a decision." We received no opportunity or clearance to proceed with the job, only several emails putting us on standby and/or delaying any sort of completion, followed by over a month of silence and crickets.
During this timeframe, the GC hired another subcontractor to "fix" our work. (We know this because other friendly subcontractors, also working in the building, told us as much off the record and sent pictures of the altered floor.) In short, the other subcontractor messed it up really, really bad and to the point the floor looks absolutely nothing like we left it. In fact, the majority of our installed flooring was removed or damaged. Honestly, even if we were to fix it, it would basically have to start from scratch, materials and everything, but I digress.
SIX WEEKS WITH NO RESPONSE LATER - The GC sends us a 48-hour Cure Notice, basically stating that we are in default for not completing the work, not holding up our end of the contract, we might be responsible for costs and other subcontractor fees and legal fees and all that jazz. We responded to the Cure Notice the same business day we received it, addressed the claims therein, and again offered a variety of solutions/actions. Crickets again, no communication whatsoever.
Now, over a week after THAT email and our response, the GC leaves a voicemail about trying to reach an amicable solution and how he hopes we'll be honorable people considering how we've held up his project so long. Mind you, this is the first time anyone on that side of the project has responded cooperatively to our attempts at communication.
The GC/Owners have caused inexcusable delays, even perhaps deliberate lack of communication, with a side of shadiness by hiring another company to redo the floor while we still have an active contract. (For the record, we've been paid just about everything except retainage, and our proposed solutions and implied completion would have taken, at most, two more business days once approved.)
What actions are open to us? What state law allows us, in the absence of any other definitions or agreements, to quit and close the contract if something doesn't give?
Secondly, the contract states that the subcontractor (me/my company) is not obligated to warranty the manufacturing of another entity, but it doesn't discuss what or when our "product" is no longer "ours." As I mentioned, the floor has been altered/destroyed beyond our recognition and, officially, without our knowledge or consent if that matters. What law designates when a product stops becoming OUR product and is no longer our legal or financial responsibility? How does a subcontractor fight back in these instances when they're being unreasonably pushed and pulled around and threatened? What law or statute or anything can I reference, beyond my own documentation supporting my claims, when our latest attempt at communication/completion goes sour again, as I'm sure they will?
TexasOur crew was working on a residential remodel in mid-June. House value $ 650K. Our remodel contract was for some $ 420K. Large house in bad shape. Crew returned from a half-hour lunch break to see flames coming out of window of the room where they had been working. They responded admirably and used the extinguishers on site to control the fire, and called the local fire dept, who responded quickly and was able to put the fire out within an hour or so. Damage was contained to one room, as a result. Our insurance carrier and the homeowners' insurance company are still determining liability and damages, etc. Meanwhile, the homeowners have fired us. Not surprising and it's fine with us -- they were a pain. But they owed us about $ 50K at the time of the fire, and now that we've been fired, we feel we should be able to claim our overhead and profit, which makes brings homeowners' total owed to us to some $ 102K. Our contract calls for mediation as the way to resolve any conflicts that arise between us and the homeowner, with the mediator to be an objective third-party construction expert. Homeowners have since hired a sarcastic lawyer who wants us to return every dime the homeowners ever paid us. Impossible as we paid all labor and materials costs to date. Not sure what to do, but don't want them getting out in front of us. Do I file a lien, and if so, for which amount, the $ 50K they owed at the time of the fire or for the full amount of $ 100K ? Or, do I cajole them into mediation, file a suit claiming breach of contract, or.....??? Thank you.
New Yorkis it ok to add arbitration information directly to an QBO estimate for demand maintenance. do i need to add the 2 day cancellation to that too. just trying to streamline my process
CaliforniaI’m a property owner who hired a logger to build some mobile cabin structures on my property. I paid him for labor and materials up front and he has abandoned the project. He left a large excavator on my property. I would like to get a judgement so that I can legal sell the excavator to recoup the money I paid for a job unfinished.
ColoradoI was working for a general contractor and never got paid. The job was for a commercial property in Brooklyn. I provided structural steel, welding and hoisting services.
New YorkWe are currently working for Baker Co Health Department, a Florida Health Department facility. Our contract started July 7th and we completed the interior painting for the contract on July 25th. The contract ran through August 22nd, so we thought this was a good thing finishing early. They went on to place blue tape throughout the facility for a "punch list" from July 25th-August 5th. We went back 5 times for this process. We finally drew the line and asked the facilities upper management for a meeting to receive a final written punch list and complete the project on August 10th. They have told us they will get us a written list and a meeting to work through the list. This still has not happened and Monday is the end of the contract. It states they can fine us 100.00 a day for incomplete work. It can't be completed due to not getting a meeting or punch list. We need to know what recourse we have at this point and is there any type of notice to be sent to push the issue to force them to do their job. Is there anything we can do to get paid, our contract work has been done for weeks. We understand we cant lien a government facility, just need to know what can be done.
FloridaMy son had a verbal agreement with a contractor working for a cable company. His many attempts to get the manager to sign a written contract were met with resistance and this manager telling him that he wanted to bring him on as an employee, even though the original agreement was for him to be a subcontractor from his own landscaping business. Last week, while I was in the hospital, my son was picked up on a warrant charge and was unable to contact this contractor for the week he was in jail. Today when he was finally able to contact the contractor about his pay which should have been deposited on Friday last week and wasn't. Their verbal agreement was that they would pay him $60.50 per job, in addition the company would be responsible for paying his gas to and from the city the job was in which is 78 miles from our home. The first day of work they assigned him to training at $150/day which was not part of the agreement, then when he told the contractor he needed money for gas the contractor changed the agreement again and told him it would come out of his check for the week. Currently with all the deductions the contractor has taken and what we have recorded as my son's work this contractor owes him a total of $1,195.50, if we charge him mileage that would be $300 more. My question is how can we get this contractor to comply and pay what he owes him and if he refuses what is our recourse since this was a verbal contract and we are in Texas? We believe he has text messages between him and the contractor sending him to different locations to perform the job he verbally contracted him to do.
TexasI am a contractor. I have finished my work but the homeowner has not paid the final invoice.
California