Notice of Termination Legal Questions

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Notice of Termination
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I'm being told a story and I can't understand how she thinks she can save the house. If I'm being told the truth, she claims she has 2 foreclosures. One is from her company they used their house as collateral. She says they called in loan. She also claims she is in foreclosure on her personal mortgage. From my understanding she owes 55 thousands on the mortgage and the business loan was a half a million. She is in forbearance. She says she's is getting it until March wich my understanding is it ends December all home covid programs end. We live in long Island NY. So how is this house savable and also it will be left to her only child . Won't her get the lien debt if the house is willed to him? Please help me know the truth as it affects my life in unimaginable ways. Thank you....Read More
New YorkBack ChargesBond ClaimsBonding Off LienCoronavirusForeclosureLien DeadlinesLien ForeclosureLien PriorityLien ReleasesNotice of TerminationStimulus
I 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....Read More
CaliforniaMechanics LienNotice of CompletionNotice of Termination
I am a general contractor in the state of California and began work with a nonprofit organization in June 2020. The director of the nonprofit has failed to honor the payment schedule that was included in our contract from the beginning of me working with him. At times he would write me a check for half the sums stipulated in the payment schedule, and eventually would give me the rest. Since the first week of July I was due a check of $10, 000.00. when I requested to check he only gave me $4, 000.00 of that sum. I did not want to display distrust in my client and I've been patient with him and the breaches of payment schedule before so I went ahead and continued constructing. When I was in need of the remainder $6,000 of the $10,000 schedule payment he began denying me the funds saying that he was unhappy with our attendance to his site based on what he had already paid me. You never proceeded to say that I must be siphoning the money to other projects and that because of this he wanted to buy materials personally and pay myself and my employees our wages daily. I send four emails informing him that the state of California allows me to schedule my work and my staff as I see fit as long as I do not breach our contractual agreement. I made it very clear that despite the offensive accusations and treatment of distrust that my intentions were the same as they've always been to finish his construction and provide him with the highest quality construction possible. I also offer him my expenses record and my Google GPS location history so that you can see that his distrust was based on non-factual ideas. Despite me offering him these unalterable unbiased data sets for his convenience and my attempt at trying to convey that my interest and intentions were to resolve this in an amicable way he has refused to pay me and has never taken me up on the offer of the information that would exonerate me and asked me to remove my tools from his site. At this point I really do not want a headache with this man and would be happy if I can just not deal with him or his project any longer but I'm worried about being liable for illegally abandoning the construction contract. In your professional opinion would I be liable for any charges against me if I decided to not go forward with this contract any longer? Your advice is greatly appreciated thank you very much!...Read More
CaliforniaConstruction ContractNotice of TerminationPayment Disputes
My contract says 2 weeks. This is 20th week. End is not near. His guy J does plumbing (topout, drains, vents etc) for 2 months - only to be replaced 75% by a pro (in a day) and we finally pass the inspection. Now J is working on faucets, toilet, vanity for a week and am worried if he is even doing that right? Called contractor's bond insurance and they said I should call after contractor is done wherein I can get 3rd party to list out items that need to be reworked. But this guy never finishes. Why can't I fire this guy? How can I put an end to this?...Read More
CaliforniaConstruction ContractNotice of Termination
ive been terminated from a contract due to performance satisfaction, and wanted to know am i able to be reconsidered to complete this project in good standing. ...Read More
CaliforniaNotice of Termination
Hello I have an owner who has tried to "terminate contract with cause" without due process, and their complaints are opinion based and the contract terms state that the Initial Decision Maker must certify that termination of contract is justified before a termination with cause is allowed. they did not get certification from the Engineer that it is justified. Now that I have taken all the risk and sacrifice to build their 3 story very custom home they have attempted to cut me out of due profits without considerable just cause. They plan to do the finish work easy part now without me. Question: as the prime contractor I don't need to send Notice to Owner to put lien on their property right? But also should I start a civil claim lawsuit for damages??? They seem brazen and dumb enough to actually start a suit against me as intimidation to hope I just go away, although I have not anything on those lines yet. None of it seems logical at this point, just emotional ambition to cut me out of it. ...Read More
FloridaNotice of Termination
If a NOC doesn't need to be terminated why do all the title companies ask for it to be ...Read More
FloridaNotice of CommencementNotice of Termination
I am a contractor who needs to terminate my sub-agreement with a designer who is under contract with the homeowner for a project. I am responsible for the removal of the popcorn ceiling throughout the unit, some skim coating/texturing work in the bathroom area, and painting throughout the unit. There is another GC who is responsible for the renovations to the rest of the bathroom and the kitchen. My reason for termination is complete and total incompetence on the part of the designer and her GC. In fact, I believe the GC has purposely sabotaged our attempts to complete our portion of the work being done. We were first in and removed the popcorn ceiling, skim coated, and final sanded within the first four days. Since that time, I have been jerked around, lied to about progress on other components, and have been put under pressure to do things that are not in my agreement nor am i insured to do. In fact, the designer has also tried to get my worker to do things for her while I’m not there - things that I already said “no” to. This is now going on two months. I, or my worker, have shown up to continue doing our part of the contract only to find out that we were lied to and the work by the GC that needed to be done was not done. After a nasty conversation with the designer this morning who threatened to destroy my reputation online if I walk away from the painting portion of the contract, I need to know what my options are and the proper steps to move forward. Even though my proposal was a lump sum proposal and did not break down the individual components by cost, she owes me money for the work already completed, materials which were just purchased, and trip charges for the 7 times that I showed up in the last two months to work and could not. Please point me in the right direction... Best regards -Ed...Read More
New YorkConstruction ContractMechanics LienNotice of Intent to LienNotice of TerminationRight to Lien
When a construction contract is terminated out of convenience, does the builder still have the opportunity to attend site to rectify any defects? or must pick up the bill from the client who contracted others to carry out the remedial work, despite there even being warranties in place....Read More
CaliforniaDefectsNotice of Termination
So I had a question I am General on my own job putting an addition on my house I subbed out all the work to contractors we had an issue get going with concrete took longer than expected now it’s completed for over a month my builder keeps pushing me off week after week for the last week and a half he is not telling me anything and not responding to my calls or texts I need to get the project done before winter comes but don’t know if I can fire him legally because he is not responding to me and get my down payment back? Basically I looked at the contract there is nothing for a completion date or start date I just feel like he’s blowing us off and not responding to me or my wife and cannot wait till winter to get this thing done I have other contractor That want to do it and can start in a week but I don’t want to hire them if I’m not gonna get my money back from the first one that’s why I kind of wanted to know is he in breach of contract due to no-show and no replying the last time I talk to him he said he was almost done with a job and that was almost 2 weeks ago please let me know if I can do this and get a new contractor in or am I got a fight with him to get him out here thanks...Read More
WisconsinConstruction ContractNotice of Termination
I have approved contracts with the same client on multiple projects. After completing first half, client decided to terminate rest due to financial situations related to the pandemic. I agreed to suspend the projects for some time to help them with the situation, however they insisted on termination. Should I terminate the project and then file a claim? Would I be able to recover lost profit on those projects if I terminate? Suspension itself has already caused me loss because of the big open window in my schedule....Read More
CaliforniaCoronavirusNotice of Termination
Hello we selected an architect to design our house and provide floor plans. However, since initially working with the architect he has not provided any design feedback or helped us on designing. He has asked us to provide for him exactly what we want for him to draw. The contract for this project was sent via paypal to us and was not signed by either party at any point of the process. He never provided us via email the contract as well. The contract is laid out with payments through out the process (deposit, 50% of project when working on floor plans, 40% once plans are sent to engineering, 10% at construction documents). The contract does not have any clauses about cancelling the contract. We have paid him through deposit and 50% of project, however decided to go our separate ways prior to the 3rd installment. He is now requesting we pay him the 3rd installment even though plans were not ready to be sent to engineering and did not include all the changes we were asking. He is stating because a plan was ready for engineering that he wants to get paid before making changes. He is now threatening to put a lien on the real estate, can he do that? ...Read More
North CarolinaConstruction ContractDesign ProfessionalMechanics LienNotice of TerminationRight to Lien
I hired a construction company to complete a job for me. They gave me an estimate and I signed the contract. After they completed, I discovered the job was incorrect and negotiated for them to leave that the way it was and do another job on the property for an adjusted amount. This new adjusted amount was never put in writing. They never came back to complete the job. I made multiple attempts to contact them with no luck. It has been a year and have not heard from them at all. I haven’t paid them any money and they haven’t asked. At this point I don’t even want them to finish but not sure what will happen if I get someone else to come in and finish. At what point do I no longer have to worry about them trying to collect the full amount from the original job?...Read More
New YorkNotice of TerminationPrompt Payment
I paid 30,000 to a contractor after 3 weeks went by no work has been done. I then wanted to termed the contract. How much can he keep?...Read More
GeorgiaConstruction ContractNotice of Termination
Work has started but not yet completed, due to the pandemic there are a lot of expenses that we have to cover and we just can't afford to finish the contract due to lack of funds....Read More
CaliforniaConstruction ContractNotice of Termination