We always request a joint check agreement on our jobs with Hawaii contractors. Normally we have a general, sub, & supplier (our company) and have a JCA between the 3 of us. If we are just working under the general, can we still have a JCA and it would be between the owner, general, and our company?...Read More
I supplied and installed materials on a commercial project. The GC withheld major portions of monthly payments or didn't pay at all. I was unable to pay my workers and vendors. Then the GC excessively back charged my contract for work I could or would not perform due to an unachievable expidited schedule due to the GC poor coordination and management. The GC demanded that I put a large unsatiable work force to meet the expidited schedule with the promise of payment then didn't pay. The GC said that the owner was slow in payment. How do I fight the excessive back charges and collect monies due to my workers, vendors and collect for outstanding extras and change orders?...Read More
I have a question regarding the "joint check rule" I have a customer that owes me $109K for invoices from October-December. They are sending me a Joint check for $54k to cover October invoices. If I deposit the check do I waive my rights to file a lien if I do not receive payment for Nov. and Dec. Invoices...Read More
The Gen contractor whom I have have successfully worked for 5 previous jobs is not paying me. There is no work related problem.
I entered into a verbal agreement to provide finish carpentry in a church remodel.
Now I completed the labor for a mutually agreed $2.300.00. The Gen contractor will not return my many calls, texts and emails. I sent multiple copy of a payment invoice.I have received 0 dollars on this project.I am not licensed at this time as I am partially retired. I last worked in the church on Sept 18, 2020. Can i file a legal mechanics lien on the building to get paid?...Read More
General Contractor denied signing a JCA. They are insisting on issuing joint checks to us if supplier prelims (which we be our company, the Sub-Subcontractor). Please clarify if we are to prelim any particular way or special prelim needed for the GC
for every billing or one time prelim that is typically sent out would suffice? ...Read More
I am a subcontractor/material supplier and am often hired by prime contractors directly. Can I enter into a joint check agreement with the property owner to ensure that I get paid by the prime contractor?...Read More
I am a material supplier. My customer is a subcontractor and or general contractor on many jobs. My customer goes bankrupt. I inform the GC's and property owners to send a joint check. Many of them send joint checks to the subcontractors PO Box for payments. It turns out the PO Box is controlled by the subcontractors secured lender. The secured lender cashes the checks without proper endorsement from the material supplier. The secured lender claims the money was theirs as they had a first lien on the subcontractors receivables. What happens now? I am now in a position to file liens on projects where the end customers has already paid for the materials via a joint check....Read More
We receive a joint check as payment on a project. We are a material supplier, the check is issued by the GC and is payable to the sub (our customer) and us (Material supplier) Banks do not want to accept this deposit. Are there any rules governing this situation? Thanks, Pam...Read More
The General Contractor is saying that since they received a NTC from one of our supplier's by law they have to issue a joint check to us and that supplier for the amount the supplier has listed on the interim waiver. Is this correct for Georgia projects? ...Read More
I am the owner representative on a med-large size condo renovation. Prior to my entrance at the request of the owners, they had paid their very inexperienced GC approximately 70% of the contract and they had only completed approximately 29% of the work.
Upon my arrival, I immediately began to require all of the paperwork that would be required during the normal course of any construction job. Including lien releases from the GC and all subcontractors. The GC had been working with us and had requested additional payments (still overpaid) for contract change orders that he had not previously billed for, but needed to be reimbursed.
He is refusing to provide the lien releases from anyone and expects payment in full to go to him (no joint checks, but also will not provide progress releases from his subs)
Is there anywhere in VA Construction law that prohibits the use of Conditional Progress Releases Upon Payment and Unconditional Progress Releases for work that is already completed?
We have hired a contractor to do repairs and roofing on our home. He is using sub-contractors to do the work. We want to make sure that when we pay him, that if he does not pay his sub-contractors, or for materials received from suppliers, that they will not be able to place a lien on our house for their payment due. Does a lien waiver provided to us by our contractor insure that his sub-contractors cannot place a lien on our house?...Read More
We sent a Notice to the Lien Agent, which is causing the property owner some concern. First, he thought it was an actual lien and wanted to understand why the notice was sent and who the lien agent is. I was able to reassure him that it was just a notice. However, although our payment from Cape Fear Solar is not due until June, the owner is refusing to pay them until they pay us so that he can guarantee his project will not be subject to a lien. He said they are a non-profit organization and he needs to protect himself.
I tried to explain that he is required to pay Cape Fear per their agreement so that Cape Fear can then pay us as the supplier. This did not go over with him.
Do you have any suggestions on how I can properly resolve this with the owner?...Read More