On this commercial AIA project since Jan, standard AIA stuff we've seen before, including the conditional lien waiver. Now they want an unconditional waiver in order to get our first payment (after 2 other subcontractors have recently damaged the work we've done and had to fix/ redo). I would like to stop all work on this project, but I know I can't :-( What are my options? Thanks!...Read More
Will a valid Change Order negate a Final Waiver, which might have already been executed for said project? Is the answer the same for all US States?...Read More
Is it a scam to charge for an engineering blueprint and scope for an AC ductwork and not use it? Then provide an excuse for not including dampers because dampers are for business units? Also not setting ductwork layout according to the engineers blueprint plan. Ductwork was changed because of excessive mold found. Also, mechanic did not change the moldy plenum that was paid for until 1 week after new ducts were in place. Will this cause mold to grow in the new ducts....Read More
Hello! I am a subcontractor working under a contractor. I do not do construction work, but provide tree removal services. In order to get paid, I've been asked to provide a sworn statement (in MI) along with my other paperwork. I don't know how to fill it out? I had no subcontractors under me. Just my employees. Do I list them? They aren't under contract per se, so I don't know how to fill in the form. ...Read More
We received a payment from a General Contractor today (1/5), however the amount that we received is $40k less than what was approved in the draw that we submit via Textura. I had already signed an unconditional through Textura before receiving the payment since Textura allows subcontractors to sign it early with the intention of releasing it to the GC days after payment is disbursed. Should I submit a revised unconditional for this draw? If so, is there a time frame I should follow?...Read More
It has always been after four progress payments, the final payment would be after City Inspectors sign-off and home owner inspection that the job was completed. Recently the GC requested a final payment after stating electrical was completed and the City Inspector signed-off the electrical, but the owner inspection found the electrical was not completed. Bare hot wires where outlets should have been installed and a circuit breaker that will not re-set, not powering the master bath or bedroom outlets. The GC is refusing to complete and/or correct the electrical or any other work until the final payment is made and is threatening legal action with a lien. Am I obligated to make this final payment with only the City Inspectors sign-off instead of making the final payment when the electrical is actually completed?...Read More
We are installing an elevator for $38,000. The contractor has asked for a payment schedule of $17,000 up front, $14,000 when elevator is delivered, $2000 at completion of site of install, and $5,000 at completion. This seems in violation of California’s 10% down. However, the contractor has excellent BBB rating, good reviews, and has a valid California license. What lien waivers should I obtain and at what point?...Read More
I'm a sub contractor and we have a contractor withholding payments from September and October of this year. He is claiming for non-performance, but the work that was in those pay apps is completed. In addition, there are material charges for material and equipment that is on the site and installed. I received confirmation that the contractor has been paid through 10/31/2022. My understanding of the prompt payment act is that the contractor can withhold payment for unsatisfactorily performed work, but how far back does that go? Since our pay apps were approved for the months of September and October, isn't he required by law to pay us for the approved amounts? He has not provided any information that our pay apps were fully or partially denied, even though I have asked repeatedly. He continues to claim that we are not manning the job to his satisfaction, which is his opinion. He has not given us a substantial completion date. He continues with empty threats that the owner is unhappy but continues to provide any actual documentation proving this fact. Should I move forward with an intent to lien at this point? ...Read More
I had a construction contract in which the government included the payment of taxes. In the end he did not want to pay us. The project was outside the US. This was 2 years ago. I need advice to claim that payment....Read More
The homeowner wants her son involved in building and remodeling the home the sun is disabled and I was told last night we are required to pay him $18 an hour he knows nothing about construction has never work construction he is not a subcontractor and if we don’t hire him then she’s going to cancel our check...Read More
I have filed a lien on a job because the customer stopped responding to texts or phone calls there is a final walkthrough needed but she refuses to cooperate and keeps trying to add more and more things to the job that are not part of her contract. this job has gone on for TWO YEARS now. Now she is suing me to remove the lien. What are my options?...Read More
Main Contractor does not pay Subcontractors even we pay him in full for the same
- Main Contractor failed to provide the mandatory Disclosure Statement RCW 18.27.114 leaving us the Owners with no knowledge whatsoever about Washington State principle of Mechanical liens protecting Subcontractors payments
- No Subcontractors provide us the Owners a Notice of Right to Claim Lien within 60 days from first delivering labor or materials to Main Contractors
Q1: Can Subcontractors put a Mechanical Lien on our Property for not being paid by Main Contractor we paid in full for the Work complete by Subcontractors?
Q2: Main Contractor’s debt to Owners ran ~$K40 what are options to Owners for getting paid? To enforce collection of Owners Credit?
Thanks
Owners in $K500 re-modelling Project with Architect-Builder as Main Contractor
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