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
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 I only found one video on YouTube that was from 5 years ago and outdated to assure compliance.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
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
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
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
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
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
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
I am in a condo in North Miami Beach. There was water leaking from above that caused water damage and mold in the kitchen and adjoining bathroom.
To restore the bathroom a plumbing work order was agreed to: Replace two angle stops (Master and Guest Bath), replace shower valve, a new toilet, and new tub. 1/2 of the estimate was paid as a deposit.
Additionally, we agreed on a specific shower valve model, written in the work order, a Moen PosiTemp which has pressure balancing and allows for future trim changes without needing to turn off the water. The one installed is a basic cheap valve that isn't even the same brand or type specified, with individual hot and cold knobs. The tub faucet has a dripping leak and the shower head does not flow. They installed new angle stops in both bathrooms. They removed the old toilet and tub. When the toilet was removed we noticed the toilet flange needed to be replaced so they installed a new one, which was paid for in full as a seperate work order. No toilet nor tub was installed.
Today I was told by the City of North Miami Beach that a permit was needed before work was started for the valves and tub replacement. I did not ask about the flange but if the valve counts I suspect so does the flange.
This means that we will have to now pull a permit with a fine / fee for having started work already. I'm not sure if any of their work passes inspection or city standards to know if any of it will need to be re-done by the next plumber.
Are there laws that help protect me here?
Are there laws defining fair refund for this kind of situation?
Is the practice of performing work without a permit legal / are there avenues to report them?
Thanks for your time,
Peace, Love, Happiness!...Read More
I am the homeowner. I hired a contractor (December 2019) to build a pool (finished April 2020). Just a few weeks after built the pool cracked. The pool was drained and patched but the crack re-appeared (May 2020). The pool was then drained again (July 5th 2020) for another patch (which was never done because the pool got demolished). After insisting to the contractor that the concrete was not strong enough we did some core strength tests which confirmed my suspicions. Then a soil test was performed by an engineer which recommended tearing down the pool and rebuilding it with extra concrete strength and a subdrain under the pool due to the type of expansive soil I live in.
The concrete company filed a claim to their insurance but did not proceed because the insurance company said that this was a bad workmanship issue which should be covered by the warranty.
Now, after 6 months since the pool was last drained, the contractor is asking me to pay for the difference between the original pool design and the one recommended by the soil engineer (about 1/3 of the original contract amount).
We are currently with an open hole in the ground after the pool was demolished, we are ready to proceed but I find the extra cost being the blocker. If it was included in the original quote I would have been able to make a conscious decision and commit to it, but right now I feel that I don't have that many options.
I have asked the contractor for a reduced extra cost but he insists that I should pay for all of the new extra costs.
Also wondering, can I sue the contractor after re-building the pool for any damages? such as loss of use, emotional stress, my extra time dealing with the situation, money loss (I could rent the pool and get some income), others....Read More
I have paid a contractor to finish my basement. He has stated he under bid the job so he preformed sub-prime work. He has not finished the job, the job he had done is terrible. Now I've lost the power in the room he has finished. He demanded I pay cash, my fault, which I do have bank statements. What recourse do I have. There were never any permits. Please help...Read More
I recently involved a roofing contractor to tear off, replace 5 worn out pieces of sheeting, flash my chimney and clean up the entire mess.
Unfortunately, the job was performed poorly. From the drip edge being improperly installed, the sheeting cut short and installed leaving rafter exposed, chimney flashing installed incorrectly, the roof turbine is installed wrong and a less then acceptable clean up effort.
I have paid no money. I would like the job done correctly, to industry standards.
I’ve tried to communicate with the business president. No success. Can I hire another contractor to fix this mess and deduct it from the bill?...Read More
Hired roofing contractor (Florida) for new flat roofs June 2019. Job was permitted but I didn't get a copy of the Certificate of Insurance. Roof has now leaked multiple times. June 2020 had a major leak in three rooms that resulted in a $50K claim against my insurance company. Claim paid, interior repaired - floors, walls and ceiling October 2020. One week after repairs completed, flat roof leaks again. Ceilings damaged. I contacted Owner of Roofing company and he is giving me the run around. I want a new flat roof and I want to make a claim against their company. Where do I startlegally? ...Read More
I am a licensed Plumber, worked with JN Plumbing Heating & Cooling I been domiciled and had wrote a itemized bill and landlord changed shook my hand and I did all Plumbing in unit, only had vandleism and my plumbing truck was distroyed, I would not want to file a lien but my police report of hate, distruction is not acceptable, I want to file a mechanics lien after hate crime and it's over $14,009.77 Itemized bills and noterized.
John & Jeff Naclerio Spitzer NYS#Ol95489...Read More
I have question. I'm homeowner, and found contractor through Craigslist for bathtub refinish in my property. I paid deposit and left technician alone on my property, and back when he called me and said work is done. But it was not, he didn't done it, he ruined my bathtubs at all, also floor near bathtubs was in paint. He said if I would not pay to him - he will put mechanics lien on my house. So how's relevant is it? From his side - he did his job, but from my side, he ruined everything and I need to replace a bathtub. I already did couple estimation with others construction after this incident.
From my side I have lost (deposit, my time, my bathrooms), from his side - he spend time and paint. So Is it eligible to put a lien on someone property without court decision?...Read More