Payment Disputes Questions

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Payment Disputes
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Owner/landlord (“Owner”) of commercial multi-tenant property in Texas leased unimproved space to Texas business owner tenant (“Tenant”) for 36 months. Approx. $140K TI anticipated. Lease included a provision whereby: -Owner would contribute cash ($75K) for TI/buildout only, no involvement w/contractor(s), -Tenant would find, hire, manage, pay balance to Contractor to complete TI/buildout. Just before 1st year of lease was up: -Contractor TI buildout 90% complete and paid for using all $75K Owner contribution + Tenant funds for balance owed -Tenant business failed at the location and Owner and Tenant terminated lease by agreement -Notice was provided to Contractor re lease termination, stop buildout. Tenant had NO written contract with Contractor. However, Contractor invoices for materials and work done and corresponding payment records are available and accounted for. Does this add up to a written contract? Would the records equal a contract for the 90% of TI/buildout completed or for the whole enchilada, that is the anticipated and remaining materials and work too…? Contractor claims all TI/buildout complete and demands payment for remaining 10% (+$9K) from Tenant. Tenant (now the ex-tenant) and Owner dispute Contractor’s claim/demand, contend that problems exist with completed TI and 10% of improvements are incomplete. Also, no written contract between Tenant and Contractor, in TX... Contractor hires law firm/attorney to demand payment from Tenant and/or Owner. Tenant’s attorney talks with Contractor’s attorney to see if issues can be resolved. Contractor’s attorney requests payment, sends demand letter, and files Affidavit Claiming a Lien against Owner's property and improvements, in TX county where Owner’s property is located. Lien affidavit indicates lien is claimed by Contractor against Owner’s property and improvements. Contractor’s demand and claim (now lien) remains disputed by Tenant and Owner. Tenant’s attorney continues efforts to contact Contractor’s attorney but is no longer able to make contact. Tenant is almost immediately contacted by the following: Chris Reed Legal Review/ Processing Tucker, Albin & Associates, Inc. 1702 N. Collins Blvd, Suite 100 Richardson, Texas 75080 972-808-7690 Office 554 (214) 865-7166 FAX www.TuckerAlbin.com Mr. Reed and his employer are notoriously aggressive debt collectors. They refuse or are not authorized to negotiate on behalf of Contractor and have resorted to collection efforts bordering on, and possibly including, harassment of Tenant business owner and various uninvolved employees. Contractor’s attorney has apparently been discharged and the claimed debt turned over, possibly sold, to this collections company. This company has a massive amount of complaints against them collected by multiple authorities in multiple states and were even fined $500K for harassment a few years back in another state. Both the particular collections agent and the company can be easily found in a simple internet search. Advice regarding how to dispute/remove/contest and handle the lien, dispute the debt claimed by the Contractor, and how to control or terminate the debt collections company and agent’s activities would be most appreciated....Read More
Paul Wendland
3 answersAdd commentMay 6, 2021
TexasMechanics LienPayment Disputes
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
I am a residential homeowner in Texas. My wife and I are contracted through a custom home builder to build our plan. We have continually paid him when draw requested initially after the job was completed, then during progress and lastly before work was even performed. The last several draws have pulled us into a heated dispute concerning quality of work or timelines for completion. Recently, we were notified of a subcontractor filing a lien against us from a draw we paid to him 3 months prior and another 2 additional subs discovered by us still unpaid. After confrontation, a month ago, he now says all bills are up to date. He won't provide paid receipts or invoices for proof and we have nothing in the contract that forces him to. He has slandered us with the subs and they will not discuss details with us to ensure our financial future. How do we keep from paying twice or additional charges from contractors he has failed to pay up to date? Can we make him provide lien waivers from these subs under Texas law now after time has passed? The contract does state all subs will be paid by him although, there is no timeframe listed unlike what's found in the Texas Prompt Payment Act? Where do we go from here so that it will not happen?...Read More
Anonymous Contractor
4 answersAdd commentApr 30, 2021
TexasBack ChargesChange OrdersLien ReleasesLien WaiversPayment Disputes
I am a cabinet maker owed approx. $50k from a residential project. The contractor has been stringing me along for several months and is now not returning my calls....Read More
Anonymous Contractor
3 answersAdd commentApr 25, 2021
CaliforniaPayment Disputes
AT&T hired CableTex to drill a cable under our property & damaged our plumbing. The cost was $3,488 & CableTex agreed to pay by April 27, 2021. Now they say it will be two more weeks. What can I do? Feel like they are stalling & won't pay. The damage was done March 26 & the plumber has been paid. Thanks, Curtis Robert cdrobert2002@yahoo.com 713-417-1585 cell...Read More
Curtis Robert
2 answersAdd commentApr 28, 2021
TexasPayment Disputes
I am a home owner. I needed a new roof. I put in an insurance claim. Hired a roofing company. They started the job than added on things. Some things, like going to the dump several times did not happen. They upgraded my roof without getting approval from my insurance company, as they are paying for a new roof. Insurance wants a itemized bill so they can see why the price went up several thousand dollars. They said they would provide one. I have asked for one also several times so they can get payed. Almost 3 months later they still have not provided one. I also had some dry rot. I have to pay for myself. They have not provided me a bill, just a text message stating I have dry rot. Also after stating what color tile I want they put the wrong color on. Not they are demanding payment in 2 days or they will put a lien on my home and start legal action. What can I do. My insurance company and myself want to pay them but without the needed documents we can not. ...Read More
Anonymous Contractor
Waiting for answerAdd commentApr 22, 2021
CaliforniaPayment Disputes
We are contracted with a door manufacture under a GC on a Navy installation, and our contract is with a subcontractor of the GC, and in our contract we have standby and delay times and have over $70k in change orders for being delayed and put on standby numerous times, and the company we are contracted with is stating they don't have to pay us unless the Navy pays them, even though they agreed to our terms for the standby time were disclosed and greed out the gate and we are NOT pay hne paid, our contract is NET 30. We do have a copy of his bond on this job. Is he still liable even if the Navy or the GC don't pay him? Looking for a local attorney to have for these questions too. ...Read More
Anonymous General Contractor
Waiting for answerAdd commentApr 21, 2021
FloridaBack ChargesChange OrdersMiller ActPay ApplicationsPayment BondPayment Disputes
My contractor did a very poor work,when we asked him to redo,he refused it.I asked him stop the work first ,and let me find the 3rd party to evaluate his work,he was very mad ,and started to do and say something nasty. There are there contractor came in and evaluate his work,they all told me it have to redo,can't fix.And told me my contractor violate a lot building rules. My contractor keep on saying his work is almost done, I can't stop his work, I owe him,he attacked my personality and my occupation,this morning(04/16/21)we realized he might took my paints(We asked him to buy for us,but we already paid him,I texted him,he still said something nasty,but just didn't answer the question.) I need to consult some questions: 1.Is his statement true? 2.I plan to fire him,what should I do so that I won't violate the law. 3.Is it worthy to set a trial like my case. I don't if you are familiar with the construction law.And has any experience to help homeowner to deal issues with bad contractor.If so,please call me....Read More
Anonymous Contractor
1 answerAdd commentApr 16, 2021
CaliforniaPayment Disputes
Can the builder halt completion by refusing to obtain Certificate of Occupancy, ordering final inspection, and paying impact fees? Essentially, can they hold the keys hostage and halt the project because we refuse to pay interest on a VA construction loan?...Read More
Anonymous Contractor
1 answerAdd commentApr 12, 2021
FloridaPayment Disputes
I am a GC/Subcontractor who did Restoration work in New York from 2014-2018. We followed AIA guidelines and the project was valued at well over $1M. The building's project manager passed away and they assumed new management in 2018. We were not paid our final installments and retainage, totaling more than $230,000 which has accrued over $68,000 in interest fees. We were not aware of the mechanical liens back then. We have been emailing for payment and they have not paid. What course of actions can I take (before engaging a lawyer) to collect payment? What grounds do we have to stand on?...Read More
Anonymous Contractor
3 answersAdd commentApr 13, 2021
New YorkPayment Disputes
We received a letter of intent. We worked to get everything set up for that project. 3 days later the GC contacted us and let us know they are contracting someone else. What would be the best way to protect the work done for those days that the letter of intent was given and collecting money on them?...Read More
Anonymous Subcontractor
Waiting for answerAdd commentApr 5, 2021
GeorgiaConstruction ContractNotice of CommencementPayment Disputes
I wanted renovation, needed some updated everywhere, so I called an architect to help me to do it. She stared with being help, but as the project started she insisted her way so strong for her profit, I stopped and she agreed, but she charged her work 35 hours but I don’t agree with the hours, I got a preliminary drawing and a wish list. With that drawing I can’t do anything. I offered her half of the invoice. She has not responded yet. How do I solve this situation?...Read More
Anonymous Contractor
1 answerAdd commentMar 30, 2021
VirginiaPayment Disputes
I dont have a company but I do side jobs. I painted a rental house for someone I know. Upon completion of the job i wasn't paid the correct amount. The home owner isn't trying to work with me so I'm taking him to small claims court. The amount owed to me is only $600 but it is money i worked for. Can i put a lien on his property befo6he rents it out?...Read More
Anonymous General Contractor
Waiting for answerAdd commentApr 3, 2021
LouisianaPayment Disputes
Greetings, On a small construction project, whose scope of work was demolition, a piece of equipment was removed, which apparently shouldn't have been. We are a subcontractor on the project, and the GC stated that our organization is finanicially responsible for the cost of the piece of equipment. It could be argued that we weren't informed NOT to remove said item, but that is besides the point. When we requested payment, the GC stated that the project Owner would "let the cost of the controller (piece of equipment" go away," but instead wants a whole new system of equipment installed. The GC then said the cost for this whole new system of equipment, rather than just one piece of destroyed equipment, exceeds our small contract value. The GC then asked us to revise the original contract value because we will not need to return to finish the project until later this summer. Long story short, are we responsible for eating the cost of a whole new system? And also, it seems as if the GC is trying to get out of paying us anything (they've paid nothing to date), by then asking us to revise the original contract sum. I would appreciate any insight, and I apologize for the vagueness of my question; I've tried to use only generalities for the purposes of anonymity. ...Read More
Anonymous Subcontractor
1 answerAdd commentApr 1, 2021
PennsylvaniaConstruction ContractPay ApplicationsPayment Disputes
I am an unlicensed handyman doing work in California. I was hired by the homeowner to help fix his house after flood damage. I have issued him $8000 in invoices he claims he can’t pay me pay me because one of his accounts is frozen because of identity theft. This is a false statement since I’ve had identity theft and got it resolved quickly he’s been complaining about this ID theft for over three months. Can I issue him an intent to lien or and a mechanics lien for the money he owes me?...Read More
Anonymous Subcontractor
2 answersAdd commentAug 13, 2018
CaliforniaMechanics LienPayment DisputesRight to Lien