Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Upcoming Webinars
MAY
08Ferguson’s Mission-Driven Leadership: How Purpose Powers SuccessLive Webinar: 10:30 AM CST
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Lawsuit Questions
All Status
Lawsuit
All States
My wife and I and our two girls have been out of our home for almost two years following a garage fire and awaiting repairs. We hired a company named to do repairs and they’ve worked on home for over year and a half. I’ll try and make this short as possible: First, it took them almost 5 months to get the permits to begin any work and has been one delay after another after another since what appears to be fraudulent acts as well. When the permits were taking so long I inquired with the city as to why it’s taking so long. The lady told me she didn’t understand what the issue was because she kept telling the company what they needed to send her over and over until eventually doing so. The construction company had us give them selections such as backsplash tile for example, then as we’re waiting for those parts of the project to be completed they asked us again months later for the selections..I forward them the email giving them the selections. We met with them personally regarding paint selections and picked out in detail all of what we wanted..a couple of months later requested we give them the selections because it’s holding them up..this happened many times. They ordered lights and fans we had given them selections for, we dropped by the house one day and there was fans and lights there but not one of them was what we ordered..so yet another delay in reordering. They had given us credits for different parts of the job they didn’t have to do in which they kept the funds when we wanted to sue those monies for different parts of the house. They received money for items like appliances that we wanted to use and pick out it out and go buy it ourselves, they wouldn’t give us the money..they kept it. We were going to hire other people to do flooring work on tile and wood and they said ok but then wouldn’t give us the money from usaa they’d received for it even though they didn’t do the job. They wanted me to resign a contract with them for 173k which would’ve been for them doing all of the work I don’t want them to do..like the flooring etc. I did not sign that contract but they kept the funds as if I did. They failed the mortgage inspection at 50% even though received funds to complete way beyond 50%. They requested for extra supplements and other work that needed to be done directly from my insurance company..the insurance company made the two checks out to them and my wife for dual endorsement, the checks were endorsed and cashed though my wife and I don’t recall ever signing them. We asked them several times to clear that up for us if we happened to be overlooking when we did that..they didn’t respond. I asked 4 times, they never responded to that and the last time I asked them I received a response from an attorney. I asked their representation the same question twice to clear up the timeline for us as to when that occurred so we can move forward on the home and their attorney never answered it. I’ve asked them to please not enter the house given all that’s going on until we have some clarity on the situation and they’ve entered a few times and performed work we didn’t ask for nor was on the scope. We need the relationship dissolved and them taken off of the ability to draw from check disbursements from mortgage company who holds the repair insurance check.
We need back in our house this has been a nightmare for our whole family. We need this company off the contract and they owe us money within the contract guidelines and are in beach of contract..we’d like to also seek reimbursement from them for living expenses (rent, bills) we’ve incurred having to be out of our home due to their delays. Can you please please help me with this..if you’re unable to assist can you possibly guide me in how to do it myself? Thank you so much
TexasI am a subcontractor, I worked on different properties projects with Dutchints LLC, we were painting two different projects at the same time and were resining some payments, but we finish and they stoped sending payments . they own us around 75K dollars. can we file a lien?
CaliforniaI hired a GC/Architect (Architect is also GC), and I found out through bank that he took all OH profit upfront before the project began. Is this legal? If so, is this normal practice? Can it be grounds for breach of contract if construction loan funds have dwindled drastically?
TexasI wasn't paid for labor at several jobs over the course of about 2 months (3/23-5/12). My employer (who I've worked for the last 2 years) claims that I am an independent contractor because he provided a 1099 that I did not sign. I came on with no skills, did not make my own schedule, and had to train other employees. The funds being withheld are for work provided on 50+ homes, so I don't want to file 50 liens. I have correspondence of him claiming that a notice of intent and payment demand letter I sent is slander or defamation of character, while I am still owed about $7,000. He's threatening a lawsuit. I don't technically have a contract, but plenty of proof over text and email of all agreed upon rates. I'd like to know the best course of action.
TexasWe had a Tornado in Chattanooga TN Easter Sunday. My neighbor recommended a Roofing contractor. He presented himself with a copy of his Contractors licence, proof on insurance and liability ins.Told him I must have it or would not hire him. Turns out It is all fake !! I have records begging him to show me receipts for roofing shingles etc. Told him my insurance company will not pay for all new gutters and I don't have the money for new ones just the insurance funds allowed to fix. I got a call from neighbor while I was at the Dentist they are at my house ripping off my gutters. I got home and sure enough they did. I asked how they got into my yard it is fenced in and locked gate. The Hispanic man motioned he climbed over my fence because the gate was locked. The contractor showed up later and I told him I did not want gutters and did not agree to them nor did my insurance. He said my insurance did approved but forgot to bring the insurance letter. MY ins NEVER approved it he lied. Long story short he does not have a contractors licence he is not bonded and insured and he is having us make checks out to a fake company. One of hiss fake forms had a attorney name on it. I called it and he said its all a big mistake and whats the problem. you got your roof and it doesn't leak and gutters are fine. I demanded he sign a lien release including all sub-contractors he used and material used. His attorney said NO he is not signing it. HELP He is say he is going to put a lien on my house and sue me !! He did get paid so far 10,0000 but has for 6 weeks refused to turn in any bills outstanding to my insurance company. They have requested them many times with NO response from him. I then text him 5x for them and he will not give them to me. NOW he wants to sue me.
TennesseeWe started a roofing job on 7/12/2019 for $60,000 on a large home in Pennsylvania. After completing 95% of the job, the homeowner began complaining that the materials being used were inferior. Then, as of 7/23/19, the homeowner would not allow us to return to the property and finish the job (the job is unfinished and there is about $2,500 worth of work remaining as of today). There is a balance due by the homeowner of $10,000 on the job. In January of 2020, the homeowner filed for arbitration with the AAA. On 3/18/20, the Arbitrator denied the claim, finding against the homeowner, and the arbitrator closed the case. We are now trying to collect the balance due of $10,000. The homeowner is arguing we had to raise that as a counterclaim in the arbitration, and our failure to do so waives that claim. We disagree. What are our options at this point for collecting the unpaid balance? Can we file a lien?
PennsylvaniaI had a tile shower leak 6 months after installation. The home owner called I went right over apologized and said that we needed to pull the pan and I will pay for everything. He said no that he found found a pin hole in the grout and to fix that. 3 months later he sends me a bill. He said he had a different contractor come in and pull the pan. Am I responsible for the cost of another contractor when I wasn't afforded the opportunity to makes necessary repairs?
ArkansasI am an electrical contractor that was hired by a contractor for work on a residence in Colorado. We submitted a formal proposal that was signed and approved by the contractor. We completed all the outlined work on the original proposal and additional changes as requested, and all services equaled the original proposal amount. Billing that was sent out was clearly outlined as to all services rendered and was the approved amount stated on the approved proposal. We have been paid approximately 50% of the proposed and billed amount. The contractor is now in legal mediation with the owners and are owed over $150,000 from the owner. The amount we are owed is $7575.44 of that $150,000.
What is the best way for me to attempt to get funded for this amount?
I have no direct contact with the owner or owners rep, and we are outside of 120 days to file a lien.
My contractor stated they filed a lien and are having their lawyers talk.
I am thinking of taking the contractor to small claims court (if I can being it is $75.44 over) however we have active jobs with this contractor and would like to keep a good business relationship.
ColoradoI have been cutting the lawn at a vacant property the owner is deceased and I want to buy the property but the recorder of deeds have the previous owners listed. Can I sue for money for labor and material spent? Also it was a property management company flyer tapped to the door but they claim they no longer manage the property.
IllinoisI made a verbal contract what's a contractor to do some updates to my home and pay pay him a weekly $1000. Something always came up where he couldn't work one reason or another but he always showed up for his pay and promised to be back and work the entire weekend which I would agree to because he worked a full-time job during the day Monday through Friday. I have ended up paying him $3,900 for work that was never completed. I have finally told him not to come back and that I was going to pursue both legal action by lawsuit and sheriff's because I've had a lot of items come up stolen. I then made a post on Facebook about how I was finally standing up for myself and not letting people push me around anymore cuz I do have a horrible time about standing up for myself and saying no and had told the contractor to bugger off and I would scream it from the rat rooftops that they were no longer allowed to take advantage of me to which he even responded this morning saying I was a gang banger that I need to get on my meds that he was bringing the cops to me cuz he's left a couple of tools here I need to know what my legal options are cuz he has not done anything but spackle the same area over and over again my house has been in a state of chaos since March 10th.
KansasWe are homeowners who hired a contractor to build a dirt pad for our foundation of our home to sit on.
-Contractor was provided foundation plans
-Site pad was built but not correct size, unlevel, and did more damage (not an improvement)
-contractor dug 4 feet down causing us to have to bring in more dirt and hire a drainage specialist
-contractor claimed job was done and asked for final payment
-we hired a licensed surveyor to confirm its incompleteness and incorrectness which we relayed to the contractor asking him to return to correct
-contractor claims it's complete and is suing us for breach of contractor for non-payment
Do we have a case? Should we countersue?
TexasGeneral contractor stated they will bond around my lien. The next step would be putting a claim on that bond? How long does that whole process take and what are the steps to secure my money.
OklahomaAs a truck driver I drove under contract and the owner refuses to pay. Can I put a lien on his vehicle?
TexasWhat do I do the jobs finished they will not pay there 4200 tab. How do I handle this it will need
To be legally
GeorgiaWe've done work on a residential property a few months ago and have not received payment. We just found out that the home has already been foreclosed on by the lender. If we pay for and place a lien on the property, what are our chances on being paid in full?
California