I am a contractor that did work on a project but client decided not to pay and sent a letter saying that they wish to terminate the contract due to abandonment of the project. The client still owes over $300k...Read More
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
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
We were hired to do 2 separate jobs from one client. I am a GC but was hired as a sub by a GC. completed the first job (still owes $3800 on that job) started second job, plans were wrong, his plumbing subs did their part wrong ( i had my men fix for free), did extra work, then we disagreed on something and he terminated the remaining work to be done on second contract. We agreed to the separation. He then requested most of the money we received from him for second job refunded. We sent a break down of costs including money owed from first completed job (we were generous as we just wanted to go on to our next project). the breakdown sent had us owing him $3500. He denied and said we owe much more now he got a lawyer and wants $38,000 immediately. What is our next step. We do not owe him $38,000 and dont want the CSLB involved....Read More
I am a general contractor contemplating termination of a utility subcontractor with whom I have three existing and ongoing projects. The work has been substandard in many instances and the projects are not being finished on time, per our written agreement. Our contract contains both a default and a termination clause. The termination clause states that I may, without cause, suspend, delay, or interrupt the Work in whole or in part. The Default clause requires me to provide notice of default and an opportunity to cure the default. Is it ok to proceed under the termination clause? I shoudl note that many of the insufficiencies have been discussed orally, to no avail?
I built a library-style bookcase for a customer, actually two of them. The first time, built and delivered, she accepted. A few days later, she decides she wants to change the design. I sent her new price to build the new design, we agreed upon a March 17th completion date. I delivered the bookcases to her on 03/13/2022, with the plan to do the install the following week to meet the 3/17/2022 completion date.
I requested progress payment on 03/14 prior to final install...she cancelled and said she did not agree to the new contract. Then would not let me get my tools, which required a civil standby. Even then, she kept materials and tools that were mine. I gave her many alternatives to cancelling the project, including me finishing it completely, then her making payments for the balance. All of which she refused...claiming "abuse of an elder", break of contract", and misrepresentation. I was obviously blindsided by all this! On 03/23, she sent me an email with a lawyer cc'd...telling me to make an offer...and that she was going to file at the end of the week, asking for $3000.
She actually filed her complaint on 03/22, and I of course was trying to come up with ways to resolve whatever the issue was. She refused to meet me, she refused every attempt I made.
Fast-forward to 08/02/2022, the trial. Well, it was terrible. I did not know people actually lied under oath! I was prepared to defend myself with the facts...but the lies, I was not prepared for. I lost...AND was ordered to pay her $2000!
I filed a request for a new trial last week, based on "the discovery of new evidence that even with due diligence would not have been discoverable prior to trail"...the new evidence I discovered...the Customer's lies!
A few issued with this:
1. She did not serve the registered agent I have listed for my business. But now that the trial has occurred, is there anything I can do to have it dismissed for lack of proper service?
2. She made false statements during the trial that I have evidence backing up that she is lying. Could this help me?
3. This is a frivilous civil suit, which is a crime in SC. She commited perjery, said that I was, "a liar and a cheat" during the trial. Accused me of all kinds of things with her lawyer copied.
4. The judges order made no mention of my counterclaim, which was for $7500 - this customer owed me $3500 when she decided to cancel, kept my tools, kept materials that are not part of the project, refused all attempts to settle this out of court, and gets to keep an 11ft wide x 9ft tall hardwood, custom-made, gloss white, built-in library-style bookcase.
I was not prepared for trial, and the trial is over....there has to be something I can do to recover what is belongs to me. What should I do?
What I want to do is:
Client is unhappy with their GC’s pace of work, the GC is still performing, but behind schedule . They want me to take over the job, but the GC has yet to be terminated. What kind of legal risks am I facing from the client AND the GC in this situation?...Read More
Do I get a signed termination agreement (if possible)? Can I withhold their funds until this is resolved? Or can I just return the funds to the bank and provide a notice of termination letter? Will I be able to pay a construction lawyer review the notice before I send it or will it be more complicated than that?...Read More
In Nevada is there a NRS or NAC regarding the termination of a Construction Contract for convenience that required the terminating party to pay the sub for profits lost on unperformed work?...Read More
So I am a contractor and was hired to pour concrete and erect a building. Concrete done, building fully erect, then the owner wants the building to be insulated. So we added to the contract. Anyway in an off day (Sunday) the owner and his wife decided to go and “work” on the project building”, we know this becumause he told my workers and also stated this fact in 2 of his emails as well as a termination contract between he and us. Anyway, since after that time he has been nitpicking and breathing down our necks about every screw and measurement every second and frankly we are sick of it!!! We asked for a progress puke t and that’s when things changed… he refuses. Now he has a termination contract sent to me and demand befor he would issue half of the progress payment that I asked for ? So now we want to as well just walk away from this project and just get paid for what we have done but he won’t. ...Read More
The owner is in the process of terminating it’s current notice of commencement in order to file new one. Additionally, we as the sub have provided early notice to the owner, prior to furnishing. ...Read More
We terminated contract with GC's rep that is using GC license, due to terrible workmanship & found out that he has not paid subs for work. Initially this person said his partner, Judson Bentley held the GC license, well that is BS and he just uses the GC license. This person now has 90% of money-at least 50%of job left to complete. He is non-licensed contractor in general who voluntarily closed his corporation with the State of Florida during the job, he still cashed checks from us. He obviously did not pay taxes on this money. When we found this out, he signed a personal responsibility note for us, we then wrote checks to him personally since we were not comfortable writing checks to a Name that did not exist any longer. We asked every time we wrote a check, did you get a corporate name yet? Not yet, blamed the State for the delay. He forged my spouse's name on Permit Docs with the City, he demanded $ from us weekly to keep the job going and we have saved voice mails of proof, on May 12th, he left the job due to questions from us, the homeowners, about the workmanship when we had called the product manufacturer for input of what he used on floors, they arrived May 12th, tested, determined not used properly by non-licensed person and that the tile in the bathrooms needed removed as well. Instead of using subs, he did the floating of the floors and the tile in the showers, when we questioned the work, he said he has done tile and flooring for 30+years. He blamed the flooring product, blamed the tile we picked for the tile shotty job. We need to now jack hammer the second time, the crap he used improperly on the floors, tear out the showers due to the way he did the tile job & need to find a new GC to finish job. We since found out that he did not pay the subcontractors such as drywall, electrician, cabinet guy. We have contacted 3 of them to offer the opportunity to finish the job, offering to pay them for non-payment from this jack- - -, they have been contacted by him and now not responding to us. He did Not have Workman's Comp on workers he had on job, the General Liability Insurance is in the GC's name that he uses, and the insurance company is not giving me any info to verify the Dec page provided to the Condo Association. This guy will not release our Doors, Hardware, Primer, Paint, Quartz Countertops, Baseboards, and the guy that has fabricated our cabinets for kitchen and baths has not given a price of what is due to him, + other items we paid him for. He brought in a water heater that has a warranty card from 2016, when we asked for the receipt he could not provide one. We have a Notice of Commencement, there are at this time no leins against us or our property. The City permits under the GC end June 20th I believe. He now is very anxious for us to sign a "Hold of the Permits", which I see no rush to do for his convenience. What if anything can be done with this bad situation about this guy and am I allowed to put this info online to the public with pics of the work?...Read More
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