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I have a slanderous lien filed against the title of my home by a spiteful family member. It is set to expire at the end of this month and I am in the process of trying to sell this house. Once the lien expired how do I have the title expunged so that I may go ahead and sell the home?...Read More
Anonymous Contractor
Waiting for answerAdd commentMar 16, 2022
AlabamaBonding Off LienLien DeadlinesLien ReleasesMechanics LienNotice of Termination
I am a homeowner with an extensive interior renovation project. I would like to know about grounds to terminate a contract with a remodeling contractor, when the contract did not include a termination clause (huge mistake on our part that we should have thought to ask for). Our contract specifies that any additional work should be reflected in a Change Order signed by both the contractor and the owners. The contractor did work outside the scope of our contract and without telling us, and is now insisting that we pay him for it. When we objected, he accused us of bullying him and threatened that if we don't pay him, he will invoke the binding arbitration clause in the contract, stopping work on the house for months. This kind of delay would cost us thousands of dollars in ongoing expenses on our old home that we can't sell until we move into the new house. We are frustrated that he is essentially blackmailing us -- he knows that the extra money he is demanding is less then it will cost if we delay for months or even a year in arbitration. We don't want to give in to this but don't know if we have another choice....Read More
Anonymous Contractor
1 answerAdd commentMar 15, 2022
GeorgiaNotice of Termination
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
Anonymous Contractor
Waiting for answerAdd commentMar 3, 2022
GeorgiaBack ChargesConstruction ContractDefectsLien DeadlinesLien ReleasesLien WaiversMechanics LienNotice of CommencementNotice of CompletionNotice of Intent to LienNotice of TerminationRight to Lien
I am a homeowner who has been dealing with a contractor for over 2 years. This is my first home and first renovation project, so I don't know all the steps in certain processes but I pick it up very quick and learn fast. The first step in the mishap that was this contractor that he knowingly signed an architect that was unlicensed and incompetent. That architect cost me 5 month delay and almost 4 grand (his fee, submission fee, and new architect fee). Only reason I stuck it out so long was that the contractor kept telling me that "he's almost done" and "it's best to stick with him for improvement than pay more money". I told the contractor to fire him and we found someone new who got the drawing approved immediately. Second red flag with this contractor was he was a stop and go. They started a bit later than I would have liked, but I was understanding because the village wanted an insane amount of money for the permits then it took a minute to issue them. So okay, but once the holidays rolled around... it was like they were moving like molasses. I was totally understanding of Thanksgiving, Christmas, and NYE time being out of town, but once the first week of January hit, I expected them to be back to work. Subcontractors went missing for weeks! He had no control or urgency to connect with his subcontractor and get an absolute date on when they would be back. The first year I did not see them again until mid-February. This trend has continued. The stop and go of the renovation is a consistent trend. He pacifies me with a little bit of movement, claims he's also in the same position because their subcontractors, crying wolf about COVID and costs (that increases in cost could've been avoided) or delays in payment when he is the reason payment was delayed because he took over a week to submit receipts and paperwork (203K loan, thank god). His subcontractors even complained about it being too cold (even though the gas is on but they haven't hooked up the heat). However, last year on my birthday I'd had enough of this bs when one of the subcontractors' family members came with him to work and peed in my kitchen bowls - A GROWN MAN. My lenders tried to help move thing along with inquiry questions and encouraged me to stick with him for a good while until they were forced to do an Audit where he continuously claim the delay was due to COVID and costs. He gave that same line in every single extension he put in. They are not buying it anymore. They finally gave up on him (he's worked with them before) since he gave them a final date that he'd be done and STILL DID NOT FINISH. They gave up and said to let him go, so I started looking for new contractors. I think I have found one who will put in the bid and be more effective. Now I know what to add to contracts so that I can continue to protect myself and investment. I am thinking about this from both a financial and legal perspective. I have spoken to a financial advisor and he is in agreement that the financial cost due to the contractors actions is something I should pursue legally, but now I need a legal standpoint. One lawyer I talked to gave me some counterarguments if I came to court with a failure to complete project claim (COVID, personal responsibility, and 203K reimbursement model), but I have faith that it still might be seen by a judge who will see my side, especially because I documented EVERYTHING. EVERYTHING! I made sure I was left out of no conversation regarding my home. It has also been 10 weeks from tomorrow since he or any member of his team has came back to the property, so I thought maybe I can go for a Abandonment of Construction project claim. I'm trying to see what's my best options here in IL. I need to know if I can win and what I will need to win to convince a judge to side with me. I've been telling this man how these delays have been putting me in severe financial burden hardship for over year, been patient, been understanding when subcontractors had funerals and whatnot. I am not heartless, but what I do find heartless is that after 2 years of being adaptable and understanding he would assume I am stupid and just leave. Let me know if you can help. ...Read More
Anonymous Contractor
1 answerAdd commentFeb 25, 2022
IllinoisConstruction ContractLawsuitNotice of Termination
I am a homeowner in the state of Florida who entered into a contract with a general contractor to perform drywall repairs, painting, and baseboard replacement due to water damage, pursuant to scope outlined under an insurance claim. The contractor subcontracted the drywall repairs and painting but was delayed several days in a row due to gross miscommunication between the contractor, subcontractor, and other subcontractors hired by the subcontractor as to the scope and schedule. I gave the contractor the opportunity to get the project back on track, and the issues repeated over several days. Drywall work was ultimately completed, but I had to move my family to a hotel and have them stay for longer due to the confusion and delays on the part of the contractor/subcontractors relationship. Afterwards, there was similar miscommunication surrounding the schedule for painting between the contractor and subcontractor, where only one room was completed in one day, as opposed to the entire house in two days. I no longer want to work with this contractor due to the constant miscommunication between contractor and subcontractors and lack of reliability in schedule (attributable to the contractor working on a higher-priority historic home restoration). Do I have a legal right to terminate the contract at this point, provided that I pay the contractor for actual costs incurred for services already provided? The contract does not have any provisions for termination nor outlines a schedule for completion of the work....Read More
Anonymous Contractor
Waiting for answerAdd commentDec 22, 2021
FloridaConstruction ContractNotice of Termination
Can I charge a customer for canceling a job once our techs are onsite to perform the scope of work?...Read More
Lorraine Hoquist
Waiting for answerAdd commentDec 14, 2021
CaliforniaNotice of Termination
I recently fired my general contractor for defaulting on our construction agreement. We had a fixed price contract for renovation of the home I currently occupy. I have offered to make a final payment which covers the outstanding balance for work completed but the contractor is angry and demanding a much larger sum that does not correspond to work completed or to the schedule of values for the contract. This is a lender financed project so the amount of the final payment is limited to the value of work that the lender's inspector could document as completed. I am concerned the contractor is going to file a construction lien for the amount he asserts he is owed beyond what I can pay. To protect myself from this I filed a notice of contract termination. More than 60 days has passed since that filing. From the clerk's records I learned that he did not file our contract (with a fixed price greater than $100,000) until after I filed the termination notice. He also started work 6 weeks before we signed a contract which the contract itself notes. Does the contractor have lien rights against me? Can I cancel a lien because the contract was improperly filed?...Read More
Anonymous Contractor
1 answerAdd commentOct 13, 2021
LouisianaConstruction ContractLien DeadlinesMechanics LienNotice of Termination
Hi, I am looking to o a partial termination or deduction of order on one contract. Our contract has no termination cause and am hoping we can get someone to quickly help us out to get the contractor off. He’s done about 90% of the work, but we don’t want him to any other work. We have final inspections and have already paid him most for the job. We want him to stop working on the rest of the work. I have to bring in someone to do the final fixtures, redo some of the tiling, and clean up. Hoping to get some help with the contract....Read More
Anonymous Contractor
Waiting for answerAdd commentOct 5, 2021
CaliforniaChange OrdersNotice of Termination
My company is a small electrical subcontractor. We are running into some material procurement delays because our GC Customer has been slow to release payments. According to our contract, the GC has to provide us with a formal notice to cure any issues, with 72 hours of time, and up to another 48 hours on a contingent and discretionary basis. No formal notice to cure was provided, and 3 days later the GC purchased all of the outstanding materials, said they would be backcharging us for the cost, presumably plus a 15% administrative fee. This type of action wasn't stipulated in our contract documents, explicitly or otherwise. Now the GC wants us to essentially perform labor, at a loss. Is this legal? We should obviously contact a lawyer, but I'm looking to get a better feeling about the legality of these actions before doing so. ...Read More
Harry Keares
2 answersAdd commentAug 31, 2021
PennsylvaniaBack ChargesConstruction ContractNotice 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
Anonymous Contractor
1 answerAdd commentSep 17, 2019
WisconsinConstruction ContractNotice of Termination
We completed a retail store at a mall in Ohio 3 years and filed a notice of commencement. They contacted us stating they need it off the records. I think the mall is refinancing or something. I do not find any forms or info online, only that the notice of commencement automatically expire after 6 years. They want it done now. ...Read More
Anonymous General Contractor
1 answerAdd commentAug 17, 2021
OhioNotice of Termination
We have a contract we are trying to dissolve due to the jobsite being delayed and general lack of communication. How can we quit?...Read More
Anonymous Contractor
1 answerAdd commentJul 16, 2021
WashingtonNotice of Termination
I hired a GC who specialized in repairing fire damage homes. The original scope of the job was to fix a drainage pipe under the concrete slab. Since then the kitchen had to be torn out and tile floors removed etc... since there was going to be a delay on cabinets i asked if they could work ln the bathrooms. essentially turning into a whole house remodel. My issue is that the GC has asked for payment after completing maybe 30% of the actual work mostly demo and refilling the concrete slab and prepping it for vinyl flooring. My issue with this GC is the amount of time it has taken to complete jobs and tasks and do good work. I have found his workers lazy and did shoddy job on the tile shower and now i find that they didnt prep the floor properly where they cut the concrete. so the floors need to be redone. problem is they already put cabinets down. I want them to redo everything they didnt do right. now this will delay the project further and im just afraid they will do more shoddy work since we arent even finished yet. I have already paid this GC 16k to show him i can pay him. Hes asked for more payment but I have refused it until all jobs are completed and inspected that everything is done properly. After 3 months of watching how lazy and time wasting they are only to do a shoddy job with tiles not to mention the countless mistakes with water pipes etc... im now ready to find a new company.... what are my options besides asking him to redo the work?...Read More
Anonymous Contractor
Waiting for answerAdd commentJul 21, 2021
CaliforniaChange OrdersConstruction ContractNotice of Termination
Hi, I signed a contract with a general contractor to construct a church sanctuary. The estimate and budget was $1.3m. The budget include payment for architectural drawings, MEP etc. The contract include the work to be performed between Jan and completed in July same year with an advance payment of #35k to get the drawing started etc. After the contract was signed on 1/13, and the client gave the general contractor a preliminary drawing from an achitech indicating what needs to be build, the general contractor only put dimension on the initial drawings that was handed over to him and also produced a 3D on how the building will look like after almost 31/2 months of initial payment of $35k. Many times, the general contractor cancel meetings with the client, or after agreeing on a set date to meet, the general contractor will not show up. No call no show many times. This is the 4th month into the contract, nothing has been done. The client need to get approved by the bank for construction loan, and the banks need to approve the general contractor, but the general contractor did not provide the bank with the documents required for approval since the contract was signed. The client want to cancel the contract now. On the contract, it shows that dispute can be settled with arbitration. Pls advice on how the church can recover the money back. Thank you....Read More
Anonymous Contractor
2 answersAdd commentMay 8, 2021
TexasConstruction ContractNotice of Termination
The GC installed a wood floor that began buckling/Tenting and lifting in areas day 2 after install. I had a Certified Floor Inspector, inspect and report, summary Conclusion Without prejudice and based only on the evidence collected, the cause of the tenting, end peak, edge lift, and hollow spots in the engineered hardwood flooring are installation related. Tenting, end peak, and edge lift are consistent with insufficient expansion at perimeter/vertical obstructions in direct glue engineered hardwood installations. Elevated moisture content is consistent with moisture from below the flooring (substrate/leveler) in direct glue engineered hardwood installations. Hollow spots are consistent with insufficient floor flatness/floor prep and insufficient adhesive application/transfer in direct glue engineered hardwood installations. Improper adhesive selection/application may be a contributing factor to concerns. Adhesive used is not recommended for flooring less than 1/2" thick or more than 5" wide. Insufficient end stagger per MFR guideline. Soft fill is consistent with improper fill material. No proof of hardwood and adhesive Manufacturer required pre-installation moisture testing and jobsite conditions provided. GC contractor continues to bill me for the floor & removal, wont file on his insurance. Recommendations? Termination for Cause?...Read More
Anonymous Contractor
3 answersAdd commentMay 4, 2021
TexasConstruction ContractNotice of TerminationPayment Disputes