Payment Disputes Questions

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Payment Disputes
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**PLEASE READ ME, I NEED YOUR ADVISE** So I was introduced to someone by a mutual friend that needed some metal to be welded together for gates around his house. Knowing the fact of the contractors license issue in California I gave a quote to that person for the gates all in separate jobs because the job wasn’t going to be consecutive days and be done. I had to work on one gate and wait for something to be done from someone else and then I would work on another gate. So I gave the guy the quotes for all the separate gates that totaled $2500. He agreed to it and agreed to it being all separate due to the fact also of what I explained above. So I started the first gate and finished that in 3 days and I had to install it but I was never in our agreement that I would have to take out some existing posts that was left by the last guy working there. To make it short this guy added a bunch more stuff to the original work I had quoted him that ended up adding more days and I had told him that if other stuff get added it would be $500 each job and they were all separate jobs not one job related to the other. He had me pour concrete, he had me put the wood on the gates which was not part of our deal. The other guy was supposed to come finish that. So all in all it ended up being about $4500. Now here is where it gets interesting, this guy would buy and fix and sell motorcycles and he had one that I was interested In. So I figured I can strike a deal with him to get that bike in Lew of some of the money he owes me. So about a week ago I talked to him and he said he would sell me the bike for $1500 and that was fine so I went to his house and the bike wouldn’t start there was a fuel pump issue which he temporarily fixed it and said come back tomorrow to put in a new one. So as I was about to leave he asked me aren’t you going to pay me? Mind you I’ve been working on his house for 2 months now and he has not paid me $1 for any of the work I had done and I had two more gates til I was done complete finished. So I didn’t pay him anything and by the time I had gotten home it was 4am and the whole next day he kept texting me about sending him money and that I’m stealing from him and it’s not right not paying him and I kept telling him you owe me X amount of money so far for what I’ve done which u haven’t paid at all. Well he wouldn’t stop and started being insulting towards me towards my family kept asking for the bike back which it became to mouth so I decided to take it back to him and it was around 2am, on the way there the fuel pump seized, so I tried to fix it on the side of the road and the cops saw me and decided to stop because I didn’t notice the bike didn’t have any plates. That was my mistake I should’ve checked. Well the cops in our city are real hard asses, Glendale Ca police department. So they end up running the vin and the bike ends up coming back with no registration since 2005!!!! 15 years no registration!!Whatt!!??? Needless to say they tow the bike and hit me with citations! The real kicker is that the scumbag new it didn’t have the registration and that the bike has a lien on it for the original person that sold him the bike and that guy is long gone nowhere to be found and there’s no way the bike can be registered because there is a lien on the bike! So basically he was trying to screw me over and now won’t pay me my money because his bike got towed! What can I do? I’m sorry for the length of this. But o felt like you needed to hear the whole story. Thank you!...Read More
Anonymous Contractor
Waiting for answerAdd commentOct 17, 2021
CaliforniaConstruction ContractLawsuitLicensesMechanics LienPayment DisputesRight to Lien
My builder hired a substandard concrete contractor. They have been working on my home 6 months and foundation is still not finished. 1 to 3 workers show up for 1 to 3 hours , 1 to 3 days per week. They have left trash on lot the entire time, dumped another 2 - 3 tons. Removed most after I raised sand. Builder does not have any control of contractors. I've been met with months of delays. I have zero confidence in concrete contractor and now builder. There are several defects with the foundation that may be correct, but contractor hasn't made effort to correct. The contract is very vague but says work will be performed in a "Substantial Workmanlike Manner" In my opinion this has not been met....Read More
Anonymous Contractor
Waiting for answerAdd commentOct 16, 2021
MissouriBack ChargesConstruction AccountingConstruction ContractPayment Disputes
I wrote a check "payment in full" for a dispute with my general contractor on the very top of the check and on the bottom in the memo line. The contractor scratched off the language - payment in full in the memo section but left the language on the top of the check. Can I make a case that it was an accord and satisfaction with the court because the language "payment in full" was still evidenced on the face of the check?...Read More
Anonymous Contractor
Waiting for answerAdd commentOct 15, 2021
CaliforniaCollectionsMechanics LienPayment Disputes
Hello, I have a client that purchased a painting business this year with a large job currently in progress. There were never pre approved signed change orders however since July my client (subcontractor) has completed $200k in work in change orders. They are refusing to make payment without material invoices with the amount and our costs directly from our supplier. Obviously then exposing intellectual capital and now also is demanding these for all change orders by end of business day today or “they will not be paid and we will not discuss these again” What can we do? They are charging chargebacks on everything they can and now refusing to pay on any of the 32 outstanding change orders on this job....Read More
Anonymous Contractor
1 answerAdd commentOct 13, 2021
FloridaPayment Disputes
Services and goods have been rendered and the customer is unwilling to pay....Read More
Anonymous Contractor
Waiting for answerAdd commentOct 13, 2021
FloridaPayment Disputes
Hello! we're a subcontractor that is awaiting payment for a project that has been completed, they say they are withholding payment till we fulfill the warranty for two older projects that were done for them last year . since we never received payment a lien was filed. the issue is that it was filed incorrectly and for the wrong amount. A notice of intent to lien was not filed before the lien was filed, this is for the state of Colorado in weld county. after talking to the company they then decided to pay us only what was asked for on the lien, but said that if we removed the lien they would send us the full check, instead of just the check for the lien. after trying to work things out they refused to accept the release form that we had. this was done through a third party company before signing up with level set. at this point they refused to send the check to us but instead sent it to their attorney to hold in escrow also stating that any fees incurred would be deducted from the check, until we remove the lien and repair the buildings in question. What would be the best course of action and the next steps necessary to find a solution to this issue....Read More
Rodolfo Cosme
Waiting for answerAdd commentOct 7, 2021
ColoradoPayment Disputes
I am a plumbing subcontractor working on a commercial job for a GC. The GC is refusing to mail my payment to me (which is already 30-60 days overdue) unless i sign an UNconditional waiver - or they refuse to mail my check. I tried to explain how the waivers (unconditional/conditional) work- but they are obviously do not understand the concept. They keep telling me they refuse because they can't leave themselves unprotected and it would be "bad business"- and that I am the "only sub on his jobs that seems to expect these 'special conditions'" and that I am "misconstruing the lien laws." We are only halfway through this pretty sizeable project-and I would rather file a prompt pay act violation than filing a lien-it's not the property owner- I know the owner has paid the GC- so I am not looking to make problems for the owner if not necessary.- but the pay apps were approved long ago and there are no issues with my workmanship- it is all the GC just not wanting to pay me. I am about to have a meeting with the GC and they have stated to me they REFUSE to release the money to me without that unconditional-so I just want to have my "ducks in a row" and say with utmost confidence that they are wrong- and it is breaking the law to hold my money for ransom for that waiver ...Read More
Amy Schoen
1 answerAdd commentOct 6, 2021
ArizonaLien WaiversPayment DisputesSlow Payment
The job cost 18,900, I gave a deposit of 500, leaving 18,400 to be financed, for 24 months, 0% interest, $0 payments. The day the team showed up, they were able to complete most of the install, aside from one missing window and 2 damaged panels. They told the owner, who confirmed they would be back to complete the job, once they received the missing window and 2 damaged panels. The owner showed up as the guys were packing up and asked if we could sit down to go over financing and sign papers. I was a bit thrown off as I thought I had done that with the sales guys when we signed the agreement contract. We moved forward, he collected and submitted my credit info, shook my hand and told me I was approved, had me quickly sign the finance contract, which I barely reviewed, and said he would email me a copy. He didnt tell me how much i was approved for, or the terms; I assumed it was for what we agreed upon, in the originally signed contract. He told to me to tell the finance company the job was 100% complete, so his company could get paid. Then he gave me a check for $750 to hold, until the job was 100% complete. I told him I felt uncomfortable doing that, as the job was not complete. He sent me an email explaining what he told me to say and why I was given the check for what seemed to be good faith, and left. When the financing company called me at first, I told them the job was complete, but once the finance terms were read, I retracted my statement, and told them the job was not complete, as those were not the terms we agreed to in the contract we signed. The owner still got paid from the financing company, after I told them the job was incomplete and the owner wasn't honoring the agreed upon terms. I did call the company a second time, to let them know I was going to take the construction company to court and recommended they freeze payment or retract it, if possible. I feel like the company should've ran my credit beforehand, it would've saved us a lot of heartache and stress, and time. I need to know what to do next, how to move forward. Thanks in advance for the help....Read More
Anonymous Contractor
Waiting for answerAdd commentOct 1, 2021
CaliforniaConstruction ContractPayment Disputes
Was contracted by a third party insurance company to perform emergency services at a property and they instructed us to leave our equipment and to not contact the homeowner. We tried multiple times to get contact from either the primary insurance provider or the third party that sent us out but could not get any responses. So our equipment sat on site and accrued charges, which we reminded both parties about multiple times. We eventually just went and picked up our equipment but neither company is responding to the bill. We placed a lien on the customer's property but since the homeowner didn't contract us, they are now threatening legal action against us. What are our options?...Read More
AJ Shipley
Waiting for answerAdd commentSep 27, 2021
GeorgiaPayment DisputesRight to Lien
We completed a job for a company and now the PM for that company is saying they were bought out and they are not financially responsible for paying us. ...Read More
Joe Magdaleno
2 answersAdd commentSep 21, 2021
CaliforniaPayment Disputes
My client is being very unreasonable, very nit picky, have been doing extra work that she is asking for, I’ve been trying to work with her but she now refuses to pay and I can’t keep going with no pay for my workers. Unfortunately the contract states that the remaining balance is due at end of project, but with all the unrealistic redos she’s been asking of us, we can’t continue. ...Read More
Anonymous Contractor
Waiting for answerAdd commentSep 21, 2021
CaliforniaConstruction ContractMechanics LienPayment Disputes
I am a 2nd tier sub contractor on a Public High School project in Texas. The sub contractor has not paid us according to our agreement. We have added late charges per our agreement. We filed our public monthly notices. The general contractor has issued a joint check with a partial lien release. They did not include the service fees stating that was not their problem. Can I refuse to sign and demand the service fees be included in the joint check?...Read More
Jessica Toney
1 answerAdd commentSep 20, 2021
TexasPayment Disputes
If I have not began a small tenant improvement construction project and have not paid anything yet including not turning plans into the City, can I terminate the contract? ...Read More
Anonymous Contractor
2 answersAdd commentSep 17, 2021
CaliforniaBack ChargesConstruction ContractPayment Disputes
I built my home 3 years ago and it came with a 30 year dry basement guarantee. The basement is leaking and the builder/warranty holders are not responding to my many requests for resolution (it's been 3 months). I followed the warranty to the letter, but may need representation. How do I proceed?...Read More
Anonymous Contractor
1 answerAdd commentSep 13, 2021
WisconsinConstruction ContractPayment Disputes
A licensed electrician or unlicensed electrician pleaded guilty to not having a license will they be able to collect restitution...Read More
Anonymous Contractor
Waiting for answerAdd commentSep 13, 2021
AlabamaPayment Disputes