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Notice of Termination Questions
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Notice of Termination
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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?
MaineIn 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?
NevadaWe have a contract we are trying to dissolve due to the jobsite being delayed and general lack of communication. How can we quit?
WashingtonSo 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.
OregonThe 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.
FloridaWe 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?
FloridaI 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?
AlabamaI 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.
GeorgiaMy 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?
GeorgiaI 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.
IllinoisI 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.
FloridaCan I charge a customer for cancelling a job once our techs are onsite to perform the scope of work?
Can I charge a customer for canceling a job once our techs are onsite to perform the scope of work?
CaliforniaI 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?
LouisianaHi, 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.
CaliforniaMy 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.
Pennsylvania