What can a homeowner do when a contractor lies about being a certified installer of fiber cement board siding and did such a poor job the manufacturer states the poor installation voids the 30-year warranty? We also ask for a particular siding manufacturer, and without talking with us he decided to go with a different manufacturer, even though the manufacturer we requested was written into the contract.
The same contractor hired a painting company and their work was so poor the paint manufacturer also will not grant us the warranty.
In both cases, the contractor only warranties his work for a year. He also refuses to correct any problems because in his opinion he did the jobs correctly.
He also tried to write a new contract and gave us only 48 hours to make our decision. Now understand this was different from the contract we signed for the bank construction loan.
Please help us understand if we have any rights against the contractor. ...Read More
What can a homeowner do when a contractor (roofer) does shoddy, incomplete work on contracted roof system and Fascia.
50% paid, remainder still due upon completion of work. Work commenced 220.127.116.11. Ongoing and incomplete.
Roofers were supposed to replace bad, rotten decking. 92 year old plank decking, 60% bad, rotten decking. <1% replaced. Planks bowing, cracked w/ >1 1/2 " spaces, some planks half gone and blown out from "shiners" / bad nailing. Many nails hanging in space, through asphalt shingles only, not secured to decking. My attic filled with an unreasonable amount of debris. Construction owner said if he had done the job he would have replaced some other planks...
Asphalt shingles are bowed and warped. Confirmed by field rep on 10.31.22 when he came to respond to my leaking roof. Bowing and warping has gotten worse, (more shingles) since that date.
Roof was leaking in one place after roof system installed on 10.31.22.
Roof is now leaking from a second area since 12.14.22. Contractor came out on 12.17.22, could not fix the leak, has been putting me off since.
Per the contract Ridge ventilation was to be installed, instead they just replaced two turbines.
The specified underlayment brand on contract was substituted with two other brands. Underlayment was not properly installed; does not cover entire decking. Drip edge installed behind gutters: water now dripping down Fascia.
Could not open my garage door for one month because they blocked it with miss-measured rake Fascia, still they wrapped this with aluminum.
As of 1 20. 2023 I can only open my garage door partially.
Fascia was supposed to be cut back to remove 2'' rot from eave(s) ends, then aluminum wrapped. Roofers cut back to soffits 20", rendering my gutter system useless at that juncture and destroying the aesthetic of my 92 year old Craftsman home.
Fascia work egregious; exposed wood, not measured, cut and bent or installed properly. They have come out twice to fix this. The owner admitted their first guy had little experience, the second person could not do it either. The second person told me quote: "it was not his problem, he has other problems" The owner confessed that they don't really do fascia work... ?
All Fascia work remains incomplete and shoddy.
This is a partial list only of the shoddy, defective and incomplete work as of 1.20.2023
Damage to my property: This includes House, Front Portico, Attached Back Porch and Garage.
Leaking roof 10.31.22 - current
Water damage and mold in Attic as a result of Leak#1 and now leak# 2
Pounds of debris and plank decking on my attic floor. (this is a usable attic, not storage only)
Damage to garage Gutters from improper removal, now unusable, must be replaced.
Trusses on garage blown out from "miss nailing", particularly on their protruding, exposed ends.
Damage to the cement board siding on back porch(12 sections damaged: cracked and fallen out)
Damage to my wood deck, that was not protected properly as advised by Co.
Damage to existing Fascia/Eaves
PLEASE, what are my options?
I am concerned because I do not think this is simply a case of my "deposit Back" but all of the damages and the cost to re-do this correctly, which I contracted them to do, and most likely will include tearing off the entire roof including the decking and replacement of all Eaves and Fascia?
1) The roofing contractor at no point during the project discussed anything or any issues with me.
2) The field rep. was adamant that that my roof needed to be replaced BEFORE winter and it seems to me this was an "end of season" rush job.
3) I have running txt threads w/ filed rep and Owner since the onset of this nightmare project.
Any guidance is much appreciated. My home is in St. Louis City, MO.
Thank you very much!!
Hello We are researching information about Materialman’s Lien for project in IL . I found this article about it, but IL state is not specified. https://www.levelset.com/blog/materialmans-lien-overview-for-suppliers/ We are materials supplier, and we fabricate windows specifically for each project. The client can’t accept windows at the moment, and we are storing them in the warehouse. We would like to clarify regarding Lien option on specifically fabricated materials, what are the due dates and documents we would need to submit in case the client will not take windows from the warehouse....Read More
Our company fabricates exterior metal wall panels for Commercial/Residential/Federal/State buildings. Almost all of our costs are incurred prior to shipping the panels to our customers. We provide shop drawings and engineering services, order the materials for the panels, and fabrication labor all prior to delivery. Since the majority of the documents for lien rights are based off of shipping/delivery dates, we generally send the preliminary paperwork upon shipping. In this case, we have provided the service for the shop drawings and engineering (customer has paid for these services), and have ordered and received the materials for fabrication (customer has failed to pay for materials - received and invoiced in November 2022). No preliminary notice was sent, as no panels were delivered to the job site yet. The job site is in Scottsdale AZ, (Housing/Apartment Complex) Can we still lien? What options do we have prior to looking into a lawsuit?...Read More
We have been working on collecting the balances for several invoices since we completed the project. Once the general contractor stopped answering our calls we reached out directly to the customer. They informed us that they would escalate our issue up the chain but we haven't received any response from them. The general contractor has filed for Chapter 7....can we continue to put pressure on the customer in which our work allows them to function?...Read More
We have reached out to the property owners and inquired about receiving some kind of compensation for the work that we did for their office, and they say they paid the general contractor which didn't pay us. Just want to get an understanding of how we failed here, and what to do to make sure it doesn't happen again....Read More
As a materials supplier, we often do not know when our customer is done ordering product from us for a job. So for the job finish date, would we simply use the date the last product order was delivered?...Read More
Hello! We are windows supplier and we are working with windows installer which is hired by GC on the commercial job in Washington DC. As we are suppliers to subcontractor, according to Washington DC Lien law we do not have Lien rights. https://www.levelset.com/mechanics-lien/washington-dc-lien-law-faqs/ We would like to clarify, could the installer transfer Lien right to us? We could document this transfer in the agreement, if that would be legit. If you know any articles about this topic we would appreciate if you could share links. Thank you...Read More
Thank you for answering my question. I hired a contractor for 2 specific contracts on a home renovation to be done simultaneously. I paid the down payments in May but then had to request the contract be put on hold for 3 weeks before starting the work. After begging them, it wasn't until late September that they started work on my home and it was like pulling teeth to get them there ( constant begging as to when they would begin), it took almost 2 months to demo 2 small partition walls (only one or two day laborers would show up). another month before they started framing a new partition wall and then another month to start a pretty basic plumbing/ electrical package. All along the way I was given excuses for delays from lack of man power to "my guy is in the hospital) and that supplies were ordered and they are delayed (they were never ordered). They would eventually hit contract milestones that required me to write them checks ( which I did) but then would disappear for another month as described above. Eventually they got to the point of digging and exposing my foundation for a new addition. Not only was the excavation done wrong ( they failed to dig to the correct depth and we failed the inspection) They did not remove the concrete ruble from the site as agreed upon, leaving my property a mess. They then disappeared for 2 1/2 months and left my original foundation exposed to a couple of freeze/thaw cycles. I soon realized that they were sending people to work just enough to get to the next milestone to demand a check and the reason for the delays was due to them bouncing checks to subcontractors and the subcontractors wouldn't work with them anymore and they had burnt so many bridges that they couldn't get anyone to work for them) . It was at this point that i had enough and i fired them and went with another contractor I had on site working another job for me and everything is running smoothly. The original contractor is now threatening me with a mechanics lien because he's out of pocket (as he states) above and beyond what I paid him (over $30k). The work done? - demo of 2 partition walls, framing a bathroom, plumbing (which had to be ripped out because it was wrong) and rough electrical (which had to be ripped out because it was wrong), and digging a footing trench ( which had to be re-dug because it was wrong and failed inspection). Bottom line is the work done ( in my eyes) wasn't even close to the $30k spent. That's the background, my questions is/are the following: Can a contractor legally file a mechanics lien for the work completed even when i paid him? I thought the mechanics lien was for doing/completing work and not getting paid. What value would the contractor's lien rights be based on? - only on the work/supplies completed to the date of firing ( he's claiming yes, I paid him $30k but he's out $38k, so I owe him another $8k) would the lien be for $8k? or the full contract price?- which he never did the work. Does it matter that they broke the contract at all? Does it matter that after hiring a competent contractor, they had to rip out all the work because it was wrong?...Read More
SCOPE OF WORK
INSTALL PVC FASCIA BOARD GARAGE AND PAINT CREAM COLOR
SCOPE OF WORK
PAINT ALL COLUMNS THE SAME COLOR BEFORE AND REPAIR THEM IF NEEDED
INSTALL 8 PC NEW SHUTTERS FRONT
REPAIR BACK PATIO ROOF
All of which was completed, signed contract, and paid deposit. The only thing that was not completed was the shutters. which came in the order late, we offered to have the shutters replaced despite the late delivery. The customer said he does not want us, even the owner to come back and finish the job. Customer said to the owner directly that he wasn't paying him anything. The owner was willing to go out and rectify the situation himself after the Installer completed everything else but complained about water damage that he was not willing to show proof of. All materials already spent money on and the installer paid. The owner was going to come to finish the job with no additional fees, restocking fee waived late fee waived, and no cost for the shutters, but the owner is refusing to pay for anything more beyond the deposit. Even though we were willing to adjust the total to reflect any material and installation requested for us not to finish. The customer was sent multiple emails requesting payment and was offered many different ways in which he could pay but now this money that is owed is affecting our operations....Read More
Finished the job on June 13th and the homeowner is elderly and is very slow to keep in contact. Can I file a Lien? All other requirements for a lien in the state of MD are fulfilled for this job....Read More
Thank you for taking my first question. I would like to know how a homeowner goes about firing the contractor to insure he has nothing that could come back to the homeowner. Does the homeowner need a lawyer to fire the contractor when a signed contract is involved? What if the contractor attempted to write a new contract with 48 hours to sign? The contract was to replace the original contract with part of the original contract removed. ...Read More
We are mid construction on a larger custom SFR. Our HVAC sub is scheduled for a 60k payment for delivery of materials. Materials are onsite. We typically want a waiver from his material supplier or to pay the supplier directly to eliminate any chance of the supplier filing a lien against the project. Our sub is telling us they have accounts with different suppliers, none of whom receive any information about projects and so cannot file a lien. How can I verify this?...Read More