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Notice of Completion Questions
All Status
Notice of Completion
All States
is a certificate of substantial completion from the Architect
AIA G704
i consider a notice of completion as well ?
CaliforniaI am nearing the end of a 15-month home remodel, which started in August 2019. The remodel should have only been a few months. I met my boyfriend through my general contractor (GC) who in the process of my remodel, had a falling out and cut associations with my boyfriend (becoming enraged and threatening violence towards him back in April of 2020) and expected that I would do the same. There were a lot of idle periods during my remodel, the most recent was the last couple of months. My job sat idle since the beginning of September 2020 when I told my GC that I was talking to my boyfriend. I finally heard from someone last week and found out that the GC stills talks of fighting my boyfriend (GC has a history of street fighting for profit, claims to have never lost a fight and to have put a lot of people in the hospital), and is now just as angry with me because I have remained with my boyfriend after the GC cut ties with him. Now he wants to abandon the job asking his subcontractors (his family, who also don’t agree with my decision) to advocate on the GC’s behalf and complete a couple of minor tasks to bring one of the outstanding projects to completion which they did on 11/13/2020 – they mentioned that they wanted to bring back and install some shelves for a master bath vanity (which would not complete that project) – but after learning about their feelings toward me I don’t feel comfortable with having any of them back in my home. I have not reached out to them to request that they stay away, might be another couple of months before I even hear from them.
My GC oversold me on projects around my home with the verbal agreement that he would carry the balance without interest and terms because I could not afford to pay outright for the additions. He provided me with a couple of balance sheets early in the project (but no signed contracts), and just last week his subs, brought me an updated balance sheet from the GC for work completed and some deductions on work that has not been completed. I also received another balance sheet from the subs (who are now also asking me to pay them directly for work they did while working under my GC a few months back – all payments were supposed to go through my GC). The price from both parties seems mostly fair, I am happy with their work, but it is not finished! And it looks like it is going to cost me more to have the work completed by another contractor than what his deductions allowed. I do intend to pay for the work they did provide (in payments because my remodeling chunk of change is gone) but I do hope to somehow negotiate larger deductions considering the situation. I have already paid more than $40,000 and according to the current balance sheet, I owe about $12,000 more to the GC and $2000 to the subs. Considering the volatile situation, I don’t want the GC to come back to me and inflate his prices out of anger (again – no signed contracts, I don't want a, he said/she said war) and since I am only able to make payments at this time, I don’t want a lien put against my home. I am assuming that I should file a notice of completion, which will limit my GC and subs to a 60-day window to put a lien on my home, right? Will this notice also prevent him from coming back and charging more than what is stated on his latest balance sheet dated 11/13/2020? Is there a burden of proof on me to prove that the job is complete? I saw conflicting information online - do I need to have my GC and subs served, or are they notified via their address listed on their contractor’s license? We never had a signed contract, so notice of termination is not valid or appropriate in this situation, right? Is there anything else that I should do to protect myself, my family, my home, my finances - i.e. file a police report on the threat of violence? Any advice is much appreciated.
CaliforniaWe filed a lien on our job 2000 Bryant for $9K still owed to us. Today, we received a recorded Notice of Completion on this job. Is there any action we need to take to maintain our rights on this job?
Californiai have a customer in hi. i told him the lien would be filed on the 15th of this month if we did not have payment. he said "good luck with that". I now see that Levelset asks for the date of the notice of substantial completion. I don't have that. the levelset notes don't say it is a requirement, but levelset won't let me file without having that date. how do i file a lien in hawaii if I don't know when the date of substantial completion is?
HawaiiHello, We are subcontractors, hired by General Contractor.
The project was finished on January 16, 2020.
Back in August, we started to chase GC for payment, knowing the 8-month rule. They have been sending some payments, and in a mid of Sept they promised to make a final payment in 3 weeks. The owner of the company accepted their word, however, they sent only 1/2 of the payment.
Is there any possibility to file the lien based on the above circumstances?
New YorkWe filed a 20 day notice on September 21 to the GC and Project owner and then the building owner September 28th for work completed in September. This commercial private project started actually in June and we finished September 26th. We were paid up until until August 1st and then did work for 2 weeks in August and 2-3 weeks in September. The project will probably complete by very early October.
Is the owner and general contractor still obligated to send out a notice of completion even with such a late filing of the 20 day notice? In other words just because the 20 day notice is very close to the end of the project does not remove the obligation for the owner to notify us of completion from which we would then have 30 days to file a lien?
Secondly should we file a lien for work only in September or also include August recognizing that the work in August might not be covered under the lien as it is outside the 20 day window. What total amount should be filed?
CaliforniaNeed to know when job is recorded.
CaliforniaI represent the owner (school district) for new construction projects. We have hundreds of prelims filed on each job. When we record the NOC, are we also required to notify all subs who filed prelims with a certified copy of the NOC? If so, what is the point of the separate $2 notice? Is there any repercussion besides extending the date to file a claim?
CaliforniaHello.
As a home owner, should I file a Notice of Completion for every job a contractor finishes or only larger jobs?
Thanks
CaliforniaWe filed a Notice of Completion on behalf of a Property Owner in CA. However, we just found out that anyone who has a preliminary notice on the project must also be served the NOC within 10 days. Can we, as the Direct Contractor, serve that on behalf of the Property Owner as well or must the Property Owner serve the NOC themselves?
CaliforniaDoes your company "Monitor" for Notice of Completions that we recently filed in a California county?
CaliforniaWe are a subcontractor on a private project and have completed our work long ago but other work continues. If the owners do not file a Notice of Completion, how do we know when the project is actually complete?
CaliforniaIf the DLSE sends out the civil wage & penalty assessment (CWPA) of the subcontractor in regards to the completed project, how the prime takes an action to avoid any liability on this?
If the prime/subcontractor does not respond to the state within 60 days, then the final assessment will be double with the liquidated damages?
The liquidated damage is only the amount counted for unpaid wages? or for full amount of assessment?
After depositing the liquidated damages within 60 days, then can the prime exercise the discretion to waive the liquidated damages and get refunded the liquidated damage later? and can the prime avert the liability of the case entirely? or still the prime will be liable on this subcontractor's CWPA?
In regards to the limited prime contractor safe harbor, what if the prime fails to obtain the signed affidavit of compliance while complying other three requirements (e.g. contract executed the provisions, monitoring CPRs and taking action to rectify after being aware of subcontractor’s underpayment)? Still the prime exercise this clause to protect its side?
In the settlement meeting, can the prime negotiate with the labor commissioner to avert any liability on the case entirely, at least complete the complete in the prime's side by paying the unpaid wages due?
I appreciate if you answer my inquires promptly with detailed info..
Thank you
CaliforniaWe supplied equipment and training and are completely done on the project, but it is on-going and will be for another year. Do we need to file a claim before the notice of completion?
California