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Defects Questions
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Defects
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Is it a breach of contract if the contractor is not qualified to do the work
GeorgiaClient 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?
CaliforniaI work at a rock quarry running at 627 push pull scraper. This was a 1997 With two rebuilt engines put in previously by the company’s mechanics at lay down yard prior to my use. This machine kept having issues . The day of the accident I kept loosing the back engine meaning it would shut down, causing me to have to pull away from my partner stop get out start it back up, call my boss and mechanic trying to get a hold of them to let them know the issue. I have text messages from this day and days prior Warning buzzer was going off and I had I’ll kinds of lights on dashboard . I Should have shut the machine down and waited to keep going until it was looked at. This was the job of my dreams and I didn’t wanna lose it scrapers never stop on a job you keep moving dirt! Back engine kept dying, this thing at problems from the start! The accident was 8/9/2018
After calling at least 40 lawyers not knowing how to do any of this, I finally settled with the first one that said they take the case. Not knowing they’re young and just trying to make a name for themselves they haven’t communicated with me on how this whole thing works! I’m at a loss, but I’m not a quitter! I need to get rid of them fast I’m running out of time nobody seems to want to take my case because it’s one of the biggest construction companies in California . My accident caused a large investigation with MSHA at the qaury Send company to get three heavy citations for gross negligence. A K Order around the scraper securing the machine on the cliff for 3 weeks so they could have Caterpillar come do a investigation, which I thought very odd why would they have caterpillar come out and do a investigation on them selves So they changed it having a Holt come out a 3rd party so they say.
And because of all of this the company got cited for three heavy citations from MSHA. Who made sure I knew that he was good Friends with this company for 20 + years. I have reason to believe that caterpillar is where the main problem is. The engines the day of the accident both engines completely shut down Freewheeling me off the cliff with seconds to try to drop my can my blade scraped over a boulder as big my bowl pulling me over the embankment rolling three times landing upside down on a cliff as wide as my machine .I believe that bolder and seatbelt saved my life along with having a full load. My machine ROPS bent completely as the cab crushed around me windows blown out the sounds metal twisting and bending.
Nobody can believe I got out of this twisted metal Alive. I couldn’t be more lucky!! I was take in an ambulance, the dr ex rated my knee sowed up my arm and sent me out the door. I felt numb and very upset!! I had to call a Union rep to pick me up from hospital 5 hours after the accident, And I have no idea why I was in the hospital the company had not called to let them now
I went to drs. Told them I didn’t know how I was feeling my body was very sore , I was confused, frantic, and wanted answers!! Approx 5 to six weeks later my neck and lower back just ached, I told there dr.s and they said I couldn’t just say that weeks after accident and wouldn’t help me, but did send me to Phycyatrist to be put on pills. From for- seen death syndrome. (Severe PTSD) Yes y back still hurts and when I turn my head left a shooting pain Goes over the top of my head and almost blinds me. What do I do somebody has to help me I know there’s a lawyer out there that will take on this challenge!! Please HELP!!
CaliforniaThe 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 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?
TexasHow do I file a claim against the General Contractors Liability Insurance when the GC allowed a Non-licensed person rent his GC license leaving a homeowner with negligent, shoddy work when the GC was never on the job and the non-licensed person took $100,000 for work not completed and products not released to us after we paid for them after the non-licensed person walked off the job? This GC, the only Qualifier, which we have never met and he did not oversee our job, he only rented his GC license to this non-qualified person. I thought about trying to find an Adjuster that would specialize in the area of collecting from the General Liability policy.
FloridaWe have a project that is getting near its ending with many issues. Trying to get of COO but too many issues at the end to simply ignore and want guidance on finessing this.
FloridaWe had a fiberglass pool installed in 2019. Since then , we have had multiple problems of leaking water, cracks and bubbles. Our contractor tried to repair (very pieces together)but the pool is worse off now with shoddy paint job, fiberglass is cracking again, uneven fiberglass, and the pool is unlevel and still leaking. Contractor has said multiple times and dates he will come to look at it but never shows up. Is this something we need a lawyer for?
LouisianaWe moved here from Ohio last fall. We hired a company to put in new floors, cover the ceilings, apply wall paper, paint the cabinets, and paint the walls. The contract was for 24k. At the last minute, they added 5k to the bill. The cabinets were never repaired and they actually caused more damage to the home than anything. I refused to pay the last added $3k due to not agreeing to this addition as well as the work not being complete either way. They filed a lien with blatantly false information. They filed the lien against me and did not include my fiancé who owns the home. They also never gave required lien statement nor a change order. To top it off, we later found out one of the contractors was a registered sex offender and we have children. They were way behind and actually had my entire family confined to one bedroom so we had to spend weeks in a hotel. They now filed this false lien and we will have to spend money just to protect ourselves. The work is still not even completed. What is completed is horrible craftsmanship. We are new to the state and just not used to contractors being allowed to do this type thing. What should we do?
MissouriThe contract was not honest , he treat me on the contract, I was thinking I’m safe because that company will be paid by the government financing program, but I was wrong. They forged my signature, the job was not good, anyway I want to pay to get off that night mare , but the contractor refuse to received the amount we have on the contract , because he said he can make more money if put a lien in my house .
FloridaContractor made a major mistake when the employee did not follow the manufacturers instructions installing HardieBacker in a walk-in shower. There is an ongoing dispute and contractor refuses to go to mediation as required in the contract. Contract is not yet paid in full. Can the owner terminate the contract and hire another contractor to do the job?
CaliforniaI am a General Contractor working on a construction job for a customer in Falkner MS. In March of 2021 I contracted America First Steel dba All American Steel Building to design and provide the pre engineered building kit. The building kit was delivered November of 2021, paid in full. Once we erected the main structure supporting columns we started to install the metal wall panels and noticed they were not lining up with the wainscoting. We immediately contacted America First Steel and were told to “manipulate the panels”, which is 100% not the correct way to fix a huge alignment issue. We then found out the manufacturer was Metal Sales Mfg, we contacted them directly since AFS was not helping. Metal Sales sent out Ron Gaitlin which is their TSM to do an inspection on site and write a report. While on site, Ron Gaitlin told us this is obviously a manufacturing error. To date we have not had this resolved and construction has been halted for over a month while waiting for their “internal investigation.” I have all supporting documents and recordings. Building was paid for in full.
MississippiMy 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?
GeorgiaMy 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
VirginiaGood morning- I am the owner of a property in Santa fe NM where a unlicensed contractor worked on a large (4' x 8') shower renovation project that had a hard deadline of 2/18. The shower has non-functioning defective slope so that neither of the two shower head's water reach the 36" linear drain. It cannot be used and needs corrective work to make functional ( estimated cost is $5100 to redo). I have held back $900 of the final payment to apply to the corrective work ( to be done by a licensed shower tiler). He is threatening to put a mechanics lien on my property for the $900. Can a lien be enforced for defective work that requires significantly more $$ to remedy?
Thank you for your time and response. Sheila Plunkett 612-669-7828
New Mexico