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Design Professional Questions
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AlaskaHi there –
We took on a project for a hotel that was seemingly in a tight spot after an interior design firm was under-delivering on the brief. The project was remodeling and improving amenities at a hotel affected by the California wildfires. We entered the project at the point they had general plans approved, but were lacking any real specific definition within each space. So our role was part interior design and part interior architecture.
We agreed on a budget via email. We built a contract based on a clear brief from their General Manager. The only other person involved is the owner, who is part of an investment firm. When we shared the contract, they reviewed and generally said looks good (and agreed via email on budget etc). He said he would share with a lawyer friend of his though after they were "burned on their last contract". He later let us know that it was going to take some time, and that we were good to start on the project in the meantime if we were comfortable to. We have done this a lot in the past. Not ideal, but we tend to act with trust, especially knowing how much they needed our help.
Because they were on a VERY tight timeline, we got to work quickly and within 4-5 weeks had performed a significant portion of the work, and help various design reviews with them. Everything from a new ADA compliant room design, to the overall look and feel of all rooms, to the new lobby design and an all-new lobby bar with outdoor seating area. They "loved" everything we shared – things seemed to be going great. We also consulted on a variety of other things, such as a potential new shop, and some exterior elements.
So, week after week both us and the general manager kept asking the owner for the contract. After all of the above work, he responded with suggested amends from his lawyer. The amends were not anything anyone would reasonably agree to. Placed an extraordinary amount of liability on our shoulders (beyond the responsibilities of an interior design team), demanded various increases in scope that were clearly not part of the initial brief or verbal agreement, and changed payment terms to much smaller increments and with timing that meant we would only really be paid the bulk of the work at the end. In reality, the bulk of the work was very much up front. We provided a very reasonable response, hoping perhaps he didn't understand what his lawyer had suggested. Unfortunately, we think his lawyer was an excuse for his own lack of trust etc. We got a very bad attitude when we tried to discuss. He failed to really respond to anything and basically said it is what it is. After thinking about it, we decided to let them know we are no longer in the position to complete the project, but would appreciate payment for our work to date. They had issued roughly half of the amount of our work done to date. Meaning they owed the other half of that. I broke it down for them, even discounted some of our efforts that went beyond expectation (because we're nice).
We didn't hear back from them at all. We followed up after that, and still no word. It has now been 2 months since that time and we don't think they intend to pay. They are definitely in construction because they started demolition and other prep while we were actively designing, and are on a tight schedule.
We would like to send a notice of intent to lien. We are unclear if this would be best as a design professional lien or mechanics lien? And if there are any other considerations here because they never effectively signed the contract? (But did clearly agree to things via email before we kicked off.)
Thank you for your help, much appreciated.
CaliforniaI am a homeowner who hired a structural engineer to complete a set of plans for a metal building on a residential property as well as plans for a home remodel. The contract was signed in Sept 2021 and I was given a 2 to 2.5week schedule. We are now 4 to 4.5 months out and they have not sent anything for the home remodel. The metal building was to be a square tubing building, teh first set of plans that were finally sent 3 months from signing the contract was an I-Beam structure, and now the engineer is saying he will not finish the project because I am changing my mind to many times. I have detailed emails between the PE who I believe owns the firm and the original salesperson.
TexasWe 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.
FloridaThe state of Indiana. I provided architectural services to a contractor for work at a residential home. The contractor paid me my $1,000 retainer. This project started in August of 2021. I provide preliminary sketches to the contractor. After modifications, we made final drawings which were provided to the contractor for use on Sept. 28, 2021. To date, I have not been paid the remaining $3,000 owed. I have sent multiple notices by email and text. I gave him an ultimatum of today (12/2). He says he has been paid but checks need to clear and is going to pay me tomorrow (12/3). I told him if it is not paid tomorrow I will take the next steps. I will file a lien on the homeowner's property. I have to go out to the property on Monday to take photos and check on the construction status, which will include me filing a field report with him and the owner. Do I have to file a pre-lien notice to the owner, contractor, both...or do I not have to file one and just go straight to filing a lien on the property?
IndianaDuring the engineering phase the owner of the property sold the property without any advance warning. They owe us money for engineering services and reimbursables for City fees.
1. Should the lien be filed against the original owner and property? I have the new owners information.
2. In the attachments should I include the invoice for the amount due as well as a copy of our contract, or just the invoice?
CaliforniaHi,
I've purchased 80% of stock worth $80 from a construction company with the intense of to run the company and make some money. With a contract in hand and a promise from this person that to help me to get the ball rolling and will refund my money whenever i want to quit. Two years later Things didn't happen that way, and so i've returned the comp back to that person and took my name out of State board License and that like a year ago. Until now i didn't receive any money back from that person, i need to know what's the fastest way to request for it back ? Since this person keep telling that he has no money. Please advice
CaliforniaI sell custom window treatments to people what is my legal attempt to collect when they don't want to pay.
New YorkI'm a design consultant and project manager in Fort Lauderdale. We finished a project for a civic association board. As per our contract the balances due were to be paid upon completion. We completed a final punch list and a satisfactory final walkthrough. It has been over six months and we have not received payment despite our third billing invoice. I sent a notice of intent to lien via Levelset but that too was ignored though we received USPS notice of delivery more than 12 days ago. I would like to know what my next step would be to collect payment in the amount of $14.890.00 I understand that theft of services over $10K in the state of Florida is considered a crime. Should I proceed to file lien, or go directly to the police and file a report?
FloridaThe contractor is asking for a material that costs 4 times more than the other two materials that are suitable for the project. They have a spec that calls out for a geo fabric material but only one geo material will comply as the manufacturer holds the patent and no other manufacture can make at this time. There are two other manufactures that can provide a material with similar qualities.
CaliforniaI was hired by the owner not the contractor. My contract stipulates that I can collect the final payment when the client moves in. The project took forever and now they finally moved in. Can I file a preliminary mechanical lien or is it too late?
Thank you
ArizonaI am doing some research and read Dawn's article about construction delivery methods. As a follow-up, are you aware of any examples of architect-led DB projects in North Carolina, wherein the client or building owner is a public entity?
North CarolinaPlanning on a construction project but I am not sure where/who can help me get preliminary drawing of site to show state my construction-project to get approval on project.
HawaiiTom, as a (former) residential real estate developer, I realize that the question I am about to ask is difficult to answer without a lot more data. However, I am now in the food products business (would be a refrigerated food) and I need to build a Use Of Funds surrounding the building of a manufacturing plant. In general, can you suggest a cost per foot to build a manufacturing plant that would have all of the codes met for the processing of a food? Even a $200 per foot range is still fine (e.g. $400-600 per foot).
IndianaI AM A DESIGN PROFESSIONAL ON A COMMERCIAL TENANT SPACE UPFIT PROJECT. THE TENANT HIRED US DIRECTLY TO DESIGN THE UPFIT FOR CONSTRUCTION BY A GC. THE TENANT HAS FAILED TO PAY BALANCE OF FEES (PAST DUE 90+ DAYS BUT LESS THAN 120). WE WISH TO FILE A LIEN AGAINST THE PROPERTY TO PUT PRESSURE ON THE TENANT TO PAY. WHAT MUST WE DO?
North Carolina