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I have a bachelor degree in architecture, and I am trying to get the hours in order to get my license.
I was working in a house design, and I did the basic design where I defined the differences spatial conditions in facades and plants. I sent the autocad drawings to the General Contractor in May 29th. After that, I tried to negociate my fees for the desing but the GC and the clients didn't approve my rate. I decided to stop continuing with the project but they want to still using my desing without paying me.
I sent an invoice for the hours worked in order to give them the oportunity to use my intelectual property, but they have not paid yet, and it seems to me that they don't want to pay and still continue using my design.
I would like to know if I have the rigth to put a notice to owner to the clients and the GC, and start the process if they don't pay me.
Best regards,
Luz Adriana Jimenez
321-337-8456
TexasHi guys!
I am studying for my architectural license exams (the AREs) and I had a question come up that I missed but THOUGHT I got right.
Basically, the scenario is: the architect goes out to a site visit and finds some bollards missing on site. When asked, the contractor replies that the bollards were not shown in all architectural drawings, only in the landscape drawings & specifications, therefore, the contractor only ordered what was shown in all architectural drawings. (let's say for example there are 8 bollards shown on landscape and the contractor only ordered 5 because that was shown on the architectural plan & sections). Per the AIA A201, who is responsible for paying for the other 3 bollards?
I answered that the owner still has to pay for the bollards, but I got this wrong and the people creating the content told me this was in the A201 that the contractor would have to pay since they missed it in the bid. However, this does not make sense to me because the owner would have paid for the 3 bollards anyways. I also asked a contractor and he said I was correct. I was hoping to get a contractor's perspective on this question and hoping you could point me to the right place in the A201 where this could be answered?
The answer description from the question creator was that "A201 states that all drawings are complimentary therefore, the contractor has to pay for what he missed" but that's not what the contract says exactly. It says "all drawings are complimentary and the contractor needs to familiarize himself with the construction drawings and point out any discrepancies to the architect"
HELPPPPP!!! (:
NIKKI CRANE
ncrane@polkstanleywilcox.com
ArkansasI have a roofing project that i am working on in Oregon which has a roofing consultant acting as the owners architect. We have completed the work but the consultant has rejected some of the installed work. We are attempting to negotiate with the consultant / owner, but it has been 63 days since we were on the job and a lien must be filed at 75 days, and there has been NO Notice of Completion filed on this project. My question is regarding the word "completion".
Does completion mean "substantial completion"?
Does it mean when we tell the customer the job is finished and send final billing?
Is the date of "completion" extended if there is a punch list and work is performed after "substantial completion" of the job?
If the punch list is in dispute, and or the owner or owner's architect / consultant has rejected the work and is asking for additional work, is the project considered "completed" even if the punch list work is not yet completed?
In the above scenario, is owner's acceptance required for "completion" to be achieved?
Would your answers to the above questions be valid for a project with the same conditions but located in California?
thanks for your help?
OregonWas verbally engaged a year ago to design a septic system for private landowner. Part of that design required site environmental clearance approval, which got delayed due to wetlands needing mitigated, and then covid slowed up approval agency progress. Approvals were granted 3 months ago and property owner wont respond to certified mail invoices, emails or phone. Need to know if a mechanics lien can be filed to sit on property until owner applies for loan, or if he sells property...then the lien can get satisfied.
PennsylvaniaSubstantial completion of a project has been completed. The path of travel on the exterior portion of the building needs to be rerouted and architect is changing plans to maintain ada compliance. Its been 6months now waiting on the architect and owner will not pay me until the path of travel is corrected. What can I do to get paid? The amount is 30% of the contract equating to about $31000. Should I file preliminary lien documents?
CaliforniaI need to enforce a Mechanics' Lien on a property in Sonoma County, California. What are the payment options you offer to enforce a Mechanics' Lien? I am the architect of a single family home. The project was ready for re-submittal and the Owner refused to pay for the work done. The project stopped, Owner's counsel acknowledges that payment from Owner to Architect is due, but wants to give a quarter of what is due. Sent a Notice of Intent to Foreclose through Certified Mail to both Counsel and Owner. A week later I received a note from Counsel that he is no longer representing the Owner.
CaliforniaI have a client that I drew house plans for. The client has not responded to my emails, phone calls and texts for a little over a week. I am concerned, based on what I have heard about this client, that he has changed his mind on building his new home and now is just hoping if he ignores me I will go away. He gave me a $3,000 deposit back in January to start work, and now owes me about $5,600. I have a contract that he signed stating all the terms. Should I hire an attorney to file this lien, and how much would it cost?
ColoradoI entered into a strange relationship with a general contractor who from my perspective was trying to give his construction business design-build capability. It started as create some construction documents and we will see how it goes. No contract, no hard figures as far as payment goes except for $1 per Sq ft (excluding the non-livable space). As time passes and projects were completed I kept getting wiffs of something and it started feeling like something was off. I was in the process of making some changes to some documents when I received a request for a cheaper alternative method of construction (specifically changing from a stem wall with spread footing to a slab on grade monolithic style foundation) my immediate reaction was HELL NO. I didn't respond immediately, the request was on a Friday evening. The next day I asked 1 of the 3 home owners had signed their contract yet. They had, on Friday morning. From my perspective, he is trying to save money by cutting corners without the owners knowledge. They believe that they are paying for one type of foundation, yet would more than likely receive the cheaper alternative were I to supply it. I adjusted my invoice and send a formal letter stating that due to my elevated exposure to risk my invoice would reflect that. Am I correct that his actions were unethical and my response appropriate?
ArizonaIs there a contracting code specific for Architects and Engineers in Design Build that give them the option to refuse submitting conditional and unconditional waivers?
If you can please point me out to any law or CA contracting code specific to Designers or Architects in a design Build contract, it would be a great help.
Thank you.
CaliforniaI am a design professional (licensed in KY). I was hired by a sub-contractor (HVAC) to a general contractor to do plans for an office renovation project in Kentucky. I started working on the project on 5/19/2020. The last work I did was completed on 7/20/2020. I submitted an invoice for payment on 6/3/2020 for the first part of the work ($4,000) and a final invoice on 7/20/2020 for the remaining amount ($2,000). Neither invoice has been paid.
Two questions:
-Would I be able to file a Kentucky Mechanics Lien?
-If yes to the first question, when is the latest date I could file the Lien?
KentuckyGood morning,
Please i wish to know if an increase in labour with Variation from client to meet an target date for a Design Service can be consider a loss of productivity claim.
Thank you and waiting for your advise
WyomingWe've performed engineering services on a residential property to clean up old outstanding permits and issues prior to the owner selling his home. The parties are getting ready to close on the property, but the client (seller) has not yet paid us balance for services. Can a mechanics lien be filed sand enforced leading up to the few days prior to closing and transfer of title?
New YorkCost Engineering for Houston, Texas project location.
TexasI performed engineering consulting work for an architect firm for 4 military projects. Did not get final payments for 3 projects as general contractors for them went bankrupt and or did not pay the architect firm. Payment for 4th project has not being paid for 3 years. My contract requires resolution thru arbitration but do not trust them. They will be biased. Total outstanding balance is around $13,800. Can I get legal help for my unpaid payments? How much will it cost?
CaliforniaI did a project for a client in Miami, FL.
I started the job in Oct./2019 and ended in Feb./2020.
I had a Sole Proprietorship based in NY.
She wired $35k into Claudio Ziegler Designs bank account. No other payments were made.
In Nov./2019 I incorporated under ZS Interiors, Inc.
We never signed a formal contract, it was all verbal agreement.
Should I file the Mechanic's Lien in my name Claudio Ziegler or ZS Interiors, Inc.?
Florida