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Notice of Termination Questions
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Notice of Termination
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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.
OhioI 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?
CaliforniaHi, 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.
TexasThe 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?
TexasWe entered into a contract that included selective demo and concrete. We missed a few items that totaled about $48,000. We discussed a cure for the items missed and agreed how to proceed all done verbally. We wrote numerus emails so we would have it in writing. We never received a response to any of our emails. Then today we received a notice of termination. And I am not sure how to respond. I would like to implement what was discussed so how to I proceed?
FloridaWe are working on a job that included concrete and selective demo. We missed some items when we did the quote in the tune $48,000. We had a verbal agreement as to how to remedy the problem. We wrote numerous emails with no reply. Today we received a notice of termination. How do we respond ?
FloridaI am a licensed certified contractor in the state of Florida. How can a recorded notice of commencement be terminated when the homeowner has decided they are no longer interested in moving forward with the project? No work was ever started. No money was paid. There is no lien as no money is owed to the contractor.
FloridaHomeWise Builders is handling a remodeling job for the Willis Property owners. The Willis Property is now unwilling to pay milestone payments per the signed agreement stating that they want more things done and wanting documentation showing where monies have been applied, etc. They are contesting change orders that were requested by them and are not willing to pay pricing given for work completed. We have subcontractors that are not able to be paid due to their unwillingness to pay invoice(s) released. Notified early this week that they are making amendments to the original contract in order to pay. Need assistance in figuring out next steps - can we stop work moving forward and push that they need to pay for work completed?
LouisianaI'd like to fire my business consultants. They are based out of canada and they gave the wrong website information with the wrong coursework to my Admins. One of my key team members quit as a result. We had a one year contract for monthly payments of 2000$. Can I give them a letter of non performance and stop paying?
FloridaThe GC hired a sub to complete demo (and asbestos abatement), come to find out, there was no AHERA survey completed, nor was the sub licenses for "asbestos & lead", roofing contractor had to return 3 1/2 months later to install vents that were missed in the roof & address leaks, this contractor did not have a current gen. contracting license. Insurance claim paid for rafters to be replaced (post fire) as well as correcting hip/valley structure issue. Contractor refused to complete yet, the claim fund included that work. Starting work without permits...you name it...Are all the above combined enough to support material breach of contract/terminate?
WashingtonWe live in California, La Canada Flintridge and we signed a contract for bathroom remodel on early March 2020 and paid the down payment of $1000, the grand total for this remodel is about $29000.
Then Covid happened so we postpone the starting date to indefinite.
Since the numbers of the cases are still rising, we are having a second thought of terminating the whole contract i.e. no longer remodel the bathroom.
I reviewed our contract and they do not mention anything about terminating the contract.
So I reached out to our general contractor about the possibility of canceling the whole remodel and he said "Termination of a contract at this juncture typically entitles the contractor to recover lost profits under the law of 25%-30%, however you will not find it on the contract.
This is what we can charge based on the state law."
Is this lawfully right even though it does not state in the contract?
CaliforniaI 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.
CaliforniaI have terminated a contract I signed with construction co. I have given them $7,000, including $1,000 deductible. I’ve been sent a bill for services, estimates and project manager fee , totaling $2,230. By law, how long do they have to return my initial deposit after terminating the contract with said company.
MinnesotaI 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!
CaliforniaMy 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?
California