We are a sign contractor (subcontractor to a national sign company who contracted with the client. We took too long to get set up with LevelSet and missed our prelim notice window (job started on 2/15). Our invoice is now past due and our customer is not returning calls. We made contact with the client directly and their legal dept is "looking into" direct payment to us. I would like to apply pressure but not sure what the best way to do it....Read More
I had you send a notice to lien to to my clients and they contacted me today saying they're sending a payment for we're almost 6000 less than what is owed what am I supposed to do...Read More
We have completed the job and the final payment was to be released within 60 days and now they have changed it to be released in additional 180 days and we would like to protect our lien rights....Read More
We were hired to complete a radon project at a private residence where a deposit was collected and labor, parts and materials were scheduled and purchased. Upon showing up to the property, we discovered the information we were given multiple times by the owner was grossly incorrect. As a result, we were unable to complete the the project to the original scope and plan that day and a further assessment and further expert advice was given to the owner at the property. The owner and our company agreed to expand the project to meet the owner's requirements and a follow up quote and proposal was provided. Our technician was on site for 1.5 hrs and over an hour of travel time was required to get to and from the site. The home owner then decided to hire a non-radon certified professional (a plumber) and decided to not use our services going forward. We are now requesting that they pay the now overdue remaining balance for the original project we were hired to do which they have refused to pay. Are terms our clear that the the remaining invoice is to be paid on the day of the installation and we only agreed not to collect on on the day given we would expand the project. I am now going to retroactively apply late fees, accrued interest, etc. per our terms but I need to know if I add this to the final amount we will be seeking in a lien? I also need to know if I apply the fees to file such a lien if needed and service fees from Levelset in the lien amount? Or do I add these later if a lien is required to filed? Thank you! ...Read More
I am a small-time, independent contractor. I was hired by a property manager to renovate a duplex unit. I paid for materials myself and have many hours invested in the work. It’s been over 2 months and he hasn’t paid. The amount due is only about $575, but that amount makes a huge difference in being able to continue my business. Would a lien even be worth it or is there anything I can do?...Read More
My Contractor has abandoned my new residential home construction project. As a residential home Construction Customer, with an extended Construction Loan, my Bank is in New Mexico, and my new home is in Georgia. The Bank states an Attorney can help me comply with Georgia's process of replacing the ex-Contractor on this project. What are all the steps required to replace him? Is an Attorney required to replace him?...Read More
I was currently hired by a General Contractor as a project estimator, roofing sales person and project manager. At the time of being hired, the GC offered me a 12% commission on all work jobs sold and contracts signed and a "daily rate" of about $200 for any work done on the production side of things, i.e. meeting subcontracted laborers at work site at beginning of job, collecting payment, putting out fires, etc. Since starting at the beginning of December, I've done about $350,000 worth of revenue, and really like my job. I was trained for 2-3 weeks on my GC's method of work from interacting with customers, writing estimates, pitching jobs, and performing inspections and I also signed a non-compete contract to not work with any other companies and the week I started two other estimators were fired for advertising their services on their personal facebook pages without giving proper significance to the GC's company. (Since starting, all of the jobs I've sold on behalf of the GC's company, all of his subcontractors and employees are 1099'd) When researching his GC license, the is status is set as "in bad standing for unpaid fees" and he is listed as a managing member for the license but it is for an individual that has not worked with company for years.
Now that you have some context:
Do I have any legal exposure for signing contracts and running jobs with with potential customers as an independent contractor for my company if I am unlicensed myself?
Can the owner of my company legally not pay me unless he is paid when he is forcing me not to work with any other contractors, remain "on call" from 7am-7pm 6 days a week?
Recently, I have been having trouble getting our subcontracted laborers finish some work at a property, I have already worked at this property for a total of 45 hours and have yet to be paid for it, I believe the sub has been absent and ignoring my calls because he has been yet to be paid as well. The homeowner is dissatisfied with some of the work quality and wants additional work and repairs done at no charge, putting me in the middle of situation, unpaid without any leverage to collect.
I feel like our working relationship indicative of one as a traditional employee rather than an independent contractor so if anyone could give me clarification on that it would be great as well. I was told by a friend in the industry that he believes any contract I sign on the companies behalf as an unlicensed agent or representative is legally null and void or that I can technically be sued for not having insurance or a license when our contracts are reflect that I, the signing party am a GC with the state, rather than the GC who owns the company.
Please let me know what my options are to get paid, if my status as an employee is misclassified, if I have any legal exposure for signing these contracts, if the contracts I sign are legally binding, what options I have to create leverage to get paid for unpaid wages, and do I have any rights to collect payment for exclusivity and being forced to be on call for 72 hours a week?...Read More
I acted as a sales rep for a pergola build with solar attached to the canopy/roof.
I subcontracted myself to source labor/materials for the build when the solar company became backed up with too much work.
The documents signed are for the solar system and client agreed to the pergola and system to be installed. Client was sent plans, given notice I was filing them with the city as what would be built on his property, and he replied affirmatively.
I spent 4 days (February 7th and 11-13th) building the pergola with my team.
The moment we were completely done with the pergola the client claimed it was not what he wanted and not what he agreed to. Disagreement ensued. I was kicked off the property and I left.
Client has been unresponsive for a week.
The financing was structured that the client would not pay anything out of pocket until solar end was completely installed and the system turned on.
The client has not allowed the inspection for the Pergola permit yet.
Can I file a mechanic’s lien?
When should I give him a notice of intent to put a lien on his property?
What are the next steps I can and should take?...Read More
We hired a contractor to finish up a kitchen remodel project. Install counter tops, and appliances. He brought by samples of counter tops and we picked one and he instigated the purchase. Counter tops were paid in full to the contractor. I just received a letter from the countertop supplier that he was not paid in full and wants to place a lien on my home for the remaining balance. We have had no dealings with the supplier at all. Only the contractor, who picked the supplier and paid them the deposit I guess. We have no idea of the deal between the two parties. Are we liable for this. On top of that we fired the contractor prior for spotty work. I am currently suing him for the balance I had to pay another contractor to finish. ...Read More
I am Homeowner, Received claims money from Pipe Law suite, I used the plumbing contractor the lawyer used. They did half the work, left me with the use of one toilet and kitchen sink for two months, In their contract it stated they would pour back the cement floors, then they said they will not and they could not finish the job until the floors are fixed, they are the one how dug up the floors. I am a black female with triple negative breast cancer. I tired through several emails and phone calls which were never answered. I had no plumbing. They were fraudulent in what they did do and what they say they were going to due. Now they are trying to take my house I paid them 1/2 (11,820)the contract cost up front before they would even start the work, 11,820. The 5 Day Notice of cure from their lawyer stated I only owed 11,820. They stated in the Lien that was filed with Hillsborough County that I did not pay them anything, and that I owed them $25,640 + 13,820 for labor when labor was included in the contract. So it was increased to 39,460 which is more than the original contract. They left me with no plumbing and I had to get another plumber who would go behind their work and finish connecting the pipes so I would have water. There is more bad stuff, how were they allowed to sent it to court when they lied. I have Pictures emails and copy of certified check that was paid. I have to file more doc for the discovery period by 02/11/22. I don not have a lawyer and few that I talked to did not care for the case. What do I do?...Read More
I have built a home and the contractor gave me an extra bill for work he said he did throughout the 12 months of building my home. I had a 6 month contract which states he has to provide estimates up front for any extra work that he would do to the property that must be signed off by both parties. He took liberties throughout the project of dragging his feet over a whole year, lost labor, ordered materials only when he needed them instead of all up front and this caused numerous delays holding up my build for a complete year and it still is unfinished. He refuses to provide me with a breakdown of the extra work he did and just lumped it all into one lump sum bill. Some of the items he was under contract for he included in this lump sum. How am I supposed to know what he was working on under contract or extra stuff he claims? Is there an Illinois law that requires him to provide me with breakdown or will my contract suffice with legal rep to hold him accountable?...Read More
I am a home owner in Indiana. I have signed a contingency contract with roofing company. Roofing company never return signed contract back to me and they helped to process the claim with an insurance company. Insurance company not approved 100% estimate provided by roofing company. They have rejected contractors overhead and profit charges due to not complex project. Roofing company asked me to hire a public adjuster and i refused as it was not mentioned in the contingency contract. I told them to cancel the contract based on insurance not approving their O&P charges.
Now roofing company is threatening to file a lien on my property as i am not moving forward them. They are asking $2000 for cancellation fee and few emails they sent to insurance company. They have not performed any work , not provided labor or material . Only they sent few emails to insurance company to get my overall claim approved.
Please let me know if roofing can company sue me and what are my options. Thanks and appreciate your help....Read More