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My Contractor has abandoned my new residential home construction project. As a residential home Construction Customer, with an extended Construction Loan, my Bank is in New Mexico, and my new home is in Georgia. The Bank states an Attorney can help me comply with Georgia's process of replacing the ex-Contractor on this project. What are all the steps required to replace him? Is an Attorney required to replace him?
GeorgiaI was the roofing contractor for the person who bought this home, she found a leak and when I investigated the leak it was obviously repaired by someone with little to no knowledge of flat roofing. I recommended a restoration contractor, and I did a complete replacement of the flat roof part of the home. The contractor for so much damage an mold, he had to tear out all the drywall on both floors under that area. The new owner was so upset she never moved in and sold it. She is suing the owner and he is claiming he had no knowledge of this cover up. The original owner's attorney subpoenaed me and I gave a testimony, which then led her to request every email, every picture (over 500 at least we took), every document, the installation instructions,etc. They sent me a check for 35.00 with the subpoena for my time I believe. The deposition took 2.5 hours via zoom. This is 30-40 hours of work and I am not on trial. Do I have to do this? if so, Am I allowed to charge the industry rates for such a request? This roof is just under 500 sf. Contract amount was only $23,000 and I actually lost money on this because I felt so bad for the owner and aided in making sure they got good work from all trades. Roof was Pre-approved, then passed manufacture inspection and the local building dept. inspection. The owner was moving from Canada. Thank You
MichiganWe have a GMP/open book contract for a $25M food manufacturing expansion. My question is what backup/detail does the prime GC owe us when their subs are predominantly GMP contracts as well AND they are self performing a great deal of work? Can we request detail for self performed work? Any additional backup (invoices, etc) requested from their subs?
WisconsinI am involved in a dispute with my general contractor. The work was performed on my coop apartment in Manhattan. The original signed contract stated "if there are any change order forms will need to be paid in advance." I was assured that a few last minute items would remain under $10,000 and I asked repeatedly for a change order but the contractor did not provide and executed the changes. Upon completion I received a change order for roughly $40,000 and thee detailed scope included many items that I believe were covered in the original scope. We could not reach agreement and today I was notified that there is a mechanics lien. Am I responsible for the change order? How can I best dispute this?
New YorkMy options for pursuing legal action against my home builder due to unresolved construction defects?
I have been in my newly built house for 2 years. I have had a problem with my furnace since day one. The home builder's HVAC sub-contractor has not been able to fix the problem after 4 visits. I have a background in HVAC and am convinced that this is a design problem that is going to cost the builder a significant amount of money and they don't want to pay to have it repaired. I think they are waiting for me to give up the effort of having them repair the system properly. What would my first step be to pursue legal action for resolution? Thanks, Mike
VirginiaI am a homeowner who has been dealing with a contractor for over 2 years. This is my first home and first renovation project, so I don't know all the steps in certain processes but I pick it up very quick and learn fast. The first step in the mishap that was this contractor that he knowingly signed an architect that was unlicensed and incompetent. That architect cost me 5 month delay and almost 4 grand (his fee, submission fee, and new architect fee). Only reason I stuck it out so long was that the contractor kept telling me that "he's almost done" and "it's best to stick with him for improvement than pay more money". I told the contractor to fire him and we found someone new who got the drawing approved immediately.
Second red flag with this contractor was he was a stop and go. They started a bit later than I would have liked, but I was understanding because the village wanted an insane amount of money for the permits then it took a minute to issue them. So okay, but once the holidays rolled around... it was like they were moving like molasses. I was totally understanding of Thanksgiving, Christmas, and NYE time being out of town, but once the first week of January hit, I expected them to be back to work. Subcontractors went missing for weeks! He had no control or urgency to connect with his subcontractor and get an absolute date on when they would be back. The first year I did not see them again until mid-February. This trend has continued.
The stop and go of the renovation is a consistent trend. He pacifies me with a little bit of movement, claims he's also in the same position because their subcontractors, crying wolf about COVID and costs (that increases in cost could've been avoided) or delays in payment when he is the reason payment was delayed because he took over a week to submit receipts and paperwork (203K loan, thank god). His subcontractors even complained about it being too cold (even though the gas is on but they haven't hooked up the heat). However, last year on my birthday I'd had enough of this bs when one of the subcontractors' family members came with him to work and peed in my kitchen bowls - A GROWN MAN.
My lenders tried to help move thing along with inquiry questions and encouraged me to stick with him for a good while until they were forced to do an Audit where he continuously claim the delay was due to COVID and costs. He gave that same line in every single extension he put in. They are not buying it anymore. They finally gave up on him (he's worked with them before) since he gave them a final date that he'd be done and STILL DID NOT FINISH. They gave up and said to let him go, so I started looking for new contractors. I think I have found one who will put in the bid and be more effective. Now I know what to add to contracts so that I can continue to protect myself and investment.
I am thinking about this from both a financial and legal perspective. I have spoken to a financial advisor and he is in agreement that the financial cost due to the contractors actions is something I should pursue legally, but now I need a legal standpoint. One lawyer I talked to gave me some counterarguments if I came to court with a failure to complete project claim (COVID, personal responsibility, and 203K reimbursement model), but I have faith that it still might be seen by a judge who will see my side, especially because I documented EVERYTHING. EVERYTHING! I made sure I was left out of no conversation regarding my home. It has also been 10 weeks from tomorrow since he or any member of his team has came back to the property, so I thought maybe I can go for a Abandonment of Construction project claim. I'm trying to see what's my best options here in IL. I need to know if I can win and what I will need to win to convince a judge to side with me. I've been telling this man how these delays have been putting me in severe financial burden hardship for over year, been patient, been understanding when subcontractors had funerals and whatnot. I am not heartless, but what I do find heartless is that after 2 years of being adaptable and understanding he would assume I am stupid and just leave. Let me know if you can help.
IllinoisThis is a part of a contract that I, after 17 years in the business have run across, and would like to get an opinion on the legalities. I live in the Pittsburgh area.
C. The Company will deduct $100 from each paycheck until a retainer is met in the amount of $1500.00 to be held by the company. The retainer will be returned in full to the Independent Contractor after one full year following the last installation performed by the Independent contractor unless any chargebacks are incurred within this time period, of which the amount owed will be deducted from the full retainer amount.
PennsylvaniaI just started a new position as V.P of Project Management for a sub-contractor. I have noticed that the company is paying taxes to the state for all product that are bought through a out-of-state manufacturer and installed in a new building.
IllinoisHires me to come and do all finish work and once I got there to work I started finding his work was the worst I’ve seen in 10+years. I refused to roof it in its condition. I explained to home owner how it should be done and he had lied to them from day one. First but saying material coast was 25,000 on two rooms one 8/20 and other 12/20. Now home owner wants him to leave and I to tear it down and start over. But me and her is both in a contract with him he also adds to my contract after I sign it.
GeorgiaI was currently hired by a General Contractor as a project estimator, roofing sales person and project manager. At the time of being hired, the GC offered me a 12% commission on all work jobs sold and contracts signed and a "daily rate" of about $200 for any work done on the production side of things, i.e. meeting subcontracted laborers at work site at beginning of job, collecting payment, putting out fires, etc. Since starting at the beginning of December, I've done about $350,000 worth of revenue, and really like my job. I was trained for 2-3 weeks on my GC's method of work from interacting with customers, writing estimates, pitching jobs, and performing inspections and I also signed a non-compete contract to not work with any other companies and the week I started two other estimators were fired for advertising their services on their personal facebook pages without giving proper significance to the GC's company. (Since starting, all of the jobs I've sold on behalf of the GC's company, all of his subcontractors and employees are 1099'd) When researching his GC license, the is status is set as "in bad standing for unpaid fees" and he is listed as a managing member for the license but it is for an individual that has not worked with company for years.
Now that you have some context:
Do I have any legal exposure for signing contracts and running jobs with with potential customers as an independent contractor for my company if I am unlicensed myself?
Can the owner of my company legally not pay me unless he is paid when he is forcing me not to work with any other contractors, remain "on call" from 7am-7pm 6 days a week?
Recently, I have been having trouble getting our subcontracted laborers finish some work at a property, I have already worked at this property for a total of 45 hours and have yet to be paid for it, I believe the sub has been absent and ignoring my calls because he has been yet to be paid as well. The homeowner is dissatisfied with some of the work quality and wants additional work and repairs done at no charge, putting me in the middle of situation, unpaid without any leverage to collect.
I feel like our working relationship indicative of one as a traditional employee rather than an independent contractor so if anyone could give me clarification on that it would be great as well. I was told by a friend in the industry that he believes any contract I sign on the companies behalf as an unlicensed agent or representative is legally null and void or that I can technically be sued for not having insurance or a license when our contracts are reflect that I, the signing party am a GC with the state, rather than the GC who owns the company.
Please let me know what my options are to get paid, if my status as an employee is misclassified, if I have any legal exposure for signing these contracts, if the contracts I sign are legally binding, what options I have to create leverage to get paid for unpaid wages, and do I have any rights to collect payment for exclusivity and being forced to be on call for 72 hours a week?
LouisianaWe have 3 signed contracts for a total of $117,000 but the customer asked us to leave the job 2 weeks before completion. $60,000 has been paid we filed our pre lien right after being removed from the job. In which time I’ve $40,000 of work had been done with in that 20 day period. I need to order a stop notice\notice to withhold construction funds. Should I request the full amount of the signed contract due which would be $57,715 because it was so close to the finish date or the principal amount due with work not performed deducted which would be $42,571
ArizonaI was doing work for this company and they ask me to wait for payment because they were behind so we did for a few months so now we filed a mechanics lien but it might be to late is that right?
North CarolinaWe are a general contractor working on a new residential construction, hired a sub contractor who worked on the framing work, did incorrect faulty work and left project without notifying.
North CarolinaI am a subcontractor who has completed multiple jobs for gc and have not been paid. I purchased all materials as well. I did not know that a subcontractor needed to send preliminary notice, I thought that was between the contractor and home owner. I sent invoices to contractor almost 2 months ago once jobs were complete. I have reached out many times by email and phone calls, he said he was working on it and has been very busy. Has made every excuse but still hasn’t paid. Now today, he said he is holding payments for all jobs because on one of them was incomplete and he had to hire someone to do it & once he deducts the amount, he will get back to me. I have detailed & dated before and after pictures of all jobs and this is not true. Everything was done exactly as scope stated. Contractor has been paid for these jobs and has not paid my company for labor and materials. I Have all original job scope agreements sent to me by contractor and all receipts for materials I purchased. Do I have any rights to file a lien or any other legal rights to be paid? I would have done this earlier had I known that he was never intending to pay and just stringing me along so the timeframes would pass. Per his company policy/ contract,
Invoices will be paid within 15 days of work completion.
- All completed work will be walked within 5 business days, any work requiring inspections must be inspected and passed before payment is issued.
- If any corrections are needed for completed work the invoice will be included in the next following check run once all corrections have been made.
Today is the first time we have heard anything about anything being incomplete. Home owner paid contractor upon completion. He is just trying to get out of paying me and my guys.
FloridaWe signed with a construction company for an outdoor living area complete with a roof and built in fireplace priced around $50k. We have not paid anything up front but it's been 4.5 months and we just now got engineer drawings back and they want us to pay $20k more than the original contracted price we agreed to. If we cancel, do we run the risk of having the pay their 25% cancelation fee even though I have documented emails from the company lying about several different occurrences? Is this considered non "workmanlike manner?"
Texas