Defects Questions

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I was finishing a renovation a friend came into help, he referred a sub to demo my old driveway, and pour a new half circle with drive up covered Porch. My friend Robby sent all the quotes, and he met with him and went over everything. Needless to say it wasn’t a great job it started cracking and chipping right away, then I noticed my sewage was backing up into my shower, I called a plumber in and there was a 8 foot blockage underneath my driveway he couldn’t get his camera in on either side, I called Robbi and Ricardo, they called me a nut case and block to me. Yesterday I broke open all my concrete and we found it had been cut on each side, and they just poured without. They also did my landscaping and I was going through pictures because they covered my clean out, I showed the plumber where they were and he saw the cast-iron pipe was sitting right there in my front yard. I don’t believe either one of them or licensed and bonded. I paid Ricardo $10,500, it cost me 7500 so far for excavation and plumber all we have done so far is just expose the area, the plumber is coming today to go through the rest of my sewage lines if he can get through. I sent pictures to Robbi because he kept telling me there’s no way they did it that my pipes are 18 inches below ground, they were at the most 12 inches one part was probably 10 inches, he blamed it on me that my plumber should’ve told me. The house was built in 63 I don’t know who the plumber was. Even the plumber trying to find the problem wasn’t sure how deep it was. They were driving a bobcat all over it when I showed up, and they were on dirt. To me this seems like a criminal act it ended up flooding in my marble bathroom that had not been sealed. It ruined up my brand new freshly painted baseboards. This set me way back to sell it. Robbi also did my landscaping, I had terrible drainage problem we went over that he sent me a quote for it, after he was finished he never level graded or prepared the soil, he did one drain that stops 15 feet from my sidewalk it just feels full of water and then flows over. He told me we never spoke about drainage. But I have it in writing from a text message that we did. He also said that he was going to do the irrigation and call the city for a backflow test. When I was upset that none of this was done he told me we absolutely never spoke about drainage. Now after I found found out that I had no sewage line, it makes sense why I never got my backflow test. I cannot get my final inspections. What can I do these guys are crooks! ...Read More
Anonymous Contractor
Waiting for answerAdd commentJul 8, 2021
I am a contractor and my supplier for concrete did not supply the correct concrete per our spec. They did not fix it and we had to go elsewhere. They are now putting a lien on the project and requiring money. No contract was signed. How can I avoid the lien? What are my rights? ...Read More
Anonymous Contractor
1 answerAdd commentJun 30, 2021
ColoradoBonding Off LienConstruction ContractDefectsMechanics Lien
Im having issues with the company that installed flooring and kitchen remodel over a year ago. I have been trying to have repairs completed for over 6 months and the company - owner is telling me no one whats to work, that he has no money to proceed, and he is fighting the manaifacture to replace flooring . I have to continuly reach out to company and gave him a due date (last week) for dates the installers will be correcting issues. NO response. ...Read More
Anonymous Contractor
Waiting for answerAdd commentJun 23, 2021
I was a tenant with a lease with the option to buy contract with the original owner of a property which was sold to a 3rd party at a franklin County Ohio sheriff sale without my knowledge after I had completed renovations of the property. I filed liens against the original owner, the foreclosing bank, and the 3rd party sheriff sale buyer. I was sued by the 3rd party buyer for fraud, based on the standard language/statement on the lien affidavit that I had a contract with the 3rd party. I lost on the summary judgement pleadings, on the fraud claim. Should I appeal the ruling? ...Read More
Anonymous Contractor
Waiting for answerAdd commentAug 23, 2020
OhioConstruction ContractDefectsForeclosureLawsuitLien ForeclosureMechanics LienRight to Lien
Had a water leak the leak turned out to have asbestos. The asbestos team caused damages to the glass tile in the shower. Now they threatening to file a mechanical lien....Read More
Anonymous Contractor
Waiting for answerAdd commentJun 4, 2021
Hi, I am the Plaintiff in a Construction Defect case that occurred almost 2 years ago, but is finally making its way through the court system now. My house sustained nearly $50,000 in damages from a roofing project in July 2019. One of my main concerns is there was no Contractor, subcontractor, foreman or anyone with specialized knowledge present the day of construction. Also, I never met nor spoke with the owner of the Roofing Company who holds the construction license. The company reps who bid and sold me the job were not licensed either and referred to themselves as the President and Vice President of the company. Would that not be considered renting out a construction license? Also wouldn’t the fact no one on the job site who knew what they were doing be grounds for negligence, non contractual negligence, or neither? Would it be a violation of the Licensing Board or law as well? That being asked, was my attorney correct in pursuing a claim for negligence arise out of construction defect or could that shut my claim right down due to the Economic Loss Doctrine if the damages were not to be considered “other property?” Most of the damages were almost all interrelated. Or does this doctrine now strictly apply to product liability and could they claim “my product” was defective and caused the damage? It was a structure the workers detached from the house that later collapsed. ...Read More
Anonymous Laborer
Waiting for answerAdd commentApr 22, 2021
In Florida, as the general contractor can we require payment to electric subcontractor only when the construction project electrical (done by the subcontractor) passes all required inspections under the code? ...Read More
Anonymous General Contractor
1 answerAdd commentMar 12, 2021
If the builder is trying to fix based on "Right to Cure" but taking too long, in the meantime homeowner is living in a significantly damaged house, can homeowner claim "Loss of Use" based on diminished rental value as compensation to be forced to live in a damaged house for too long?...Read More
Anonymous Contractor
Waiting for answerAdd commentMar 8, 2021
South CarolinaDefects
It would be so great if Levelset could make videos to help us learn the Public Works Compliance. So far I have learned from the Public Works Compliance website is that we can choose to work on Public Works projects or not. That the compliance is a game that was not made with the contractor in mind. And if we choose to play the game, we need to find creative ways to follow and abide or there will be negative consequences from a sleeping monster directed at: the awarding body, owner, contractor, sub. There are 6 Tiers of compliance and Tiers of people involved in the project. As a subcontractor the “Game”leaves me feeling very ill equipped. I only found one video on YouTube that was from 5 years ago and outdated to assure compliance. ...Read More
Anonymous Sub-Subcontractor
Waiting for answerAdd commentFeb 3, 2021
CaliforniaConstruction ContractDefectsPay ApplicationsPrevailing Wages
Our contractor completed work on our home on January 28th, 2020 for a project that began in March 2019. The relationship was not a good one & many mistakes were made that we asked him to correct (ordering incorrect shingles, siding cut with gaps, ordering & installing the wrong windows & sink are just a few examples). As the relationship got worse, he started threatening my partner with a lien on our home. She was pressured into signing off on two walls (that I wanted redone) & approving a final payment after enduring verbal abuse from the contractor & his foreman. She simply wanted the contractor & his foreman out of our home, as communication had become so hostile. The contractor & all subcontractors were paid in full at the end of January 2020. Here nearly a year later, there are items we have had to call the contractor back to fix (his work has a one year warranty). While he did respond & is addressing some of the issues, he is once again using the threat of a lien to get my partner to agree to let repairs go. My question is this: I know he had 90 days from the January 28th, 2020 to file a lien for the original work done, but does he have the right to file a lien now? Here a full year past when the work was completed, he is saying there was a "side contract" that we had with him that was "unpaid" & that if we write a negative review of his company, he will put a lien on our home. How can we fight back against this?...Read More
Anonymous Contractor
1 answerAdd commentJan 26, 2021
ConnecticutDefectsLien DeadlinesMechanics Lien
hello , Say If was working for a builder in scheme contract where appointed on an hourly rate. is the builder able to holding a sum of money and then after a letter of demand claiming they have to carry out reworks. is the builder entitled to hold this sum and if there is reworks should the contractor be given the opportunity to rectify the works? ...Read More
Anonymous Contractor
Waiting for answerAdd commentJan 25, 2021
CaliforniaBack ChargesChange OrdersConstruction ContractDefectsPayment Disputes
I hired a subcontractor to resurface a pool deck on a commercial property. We did not have a signed contract, only a verbal agreement. I paid half up front and agreed to pay the final payment upon completion. The subcontractor did an unsatisfactory job and the project will need to be redone. What are my options? Do I need to pay him in full? Can he file a lien on the property if I don't pay him in full? Can I ask him to redo the project to meet managements standards? If he refuses, what are my options?...Read More
Anonymous Contractor
1 answerAdd commentApr 25, 2019
I 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?...Read More
Anonymous Contractor
1 answerAdd commentJan 15, 2021
TexasChange OrdersConstruction ContractDefectsLegal Property DescriptionRecovery OptionsSubstantial Completion
Our kitchen remodel is almost complete. The new granite countertops were installed on 1/6/21. They are from the wrong granite slab that we picked out. I am withholding the amount for the countertops from the general contractor’s current invoice until we have an acceptable solution. If the granite company refuses to replace the countertops and I refuse to pay, should I expect a mechanic lien? What would be the best way to fight/discharge the lien?...Read More
Anonymous Contractor
1 answerAdd commentJan 13, 2021
New YorkDefects
We are a GC on a private project in Washington state. One of our subcontractors completed their scope of work and were paid everything but retention. On the punch walk, the owners and their inspectors rejected the work from our subcontractor and are now requiring a complete replacement of the work, at a cost that is well over the remaining unpaid balance to the subcontractor. The subcontractor is unable and/or unwilling to complete the work. What are our options?...Read More
Anonymous Contractor
2 answersAdd commentJan 8, 2021