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
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
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
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
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
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.
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
I’m from HOME-REDI, A Contractor Builder in Long Island NY. If a client cancels an executed renovation contractor with down payment paid but work has not been started as of yet and the client now wants to cancel the contract either due to loss of job or a pandemic, is the Contractor entitled to his profit without doing any work? Thanks...Read More
I had a customer call me for Dirt. Going rate in the area is $100-$130 per Dump Truck Load. I sell it for $50 because I usually get Dirt free or I have to pay $20-$35 for it.
Customer says he needs 100 Truckloads, I send Invoice for $5000 with 20% down payment. He pays it, and signs contract.
2 weeks later when we have Dirt available to deliver, we tell him the night before.. Dirts coming tomorrow! He says cool thanks.
Next day we deliver about 40 Dump Truck loads ($2000 worth) but Customer says it was from another supplier he called. Which just so happens to be from the same spot we were getting Dirt from.
He is saying his uncle who is a homebuilder called these guys because they were cheaper. But said we could continue delivering and put in another pile..
I told customer no.. I sent you this Dirt. I had no way to verify because we did not use delivery tickets at all. We usually never do we just count truckloads delivered.
I think what happened was I sent this guy Dirt.. Drivers showed up and he asked Hey... What is Jerry (me) paying you? Ill Give you more and we will cut Jerry out of the Deal...
Long Story short this customer says the Dirt I delivered came from his source. And he cancelled the credit card payment on me. I lost out on $1200....Read More
Is there a minimum amount of time to wait before a contractor can file a mechanics lien on disputed work? Our insulation installer failed the first two county inspections last week and demands immediate payment on his original quote or he will place a lien on the house. I've told him we will pay his invoice (minus the costs it takes us to get his work up to code) once we pass the third inspection--all told, he will get paid within two weeks of completing his work....Read More
I am a GC. Builder refused to pay me so I can pay my sub. Builder refused to pay because someone damaged a fireplace flute but she could of used my liability insurance to fix? Both sub and I have filed mechanics lien on property. Builder and sub exchanged messages and builder kept telling sub to wait and then refused payment. I am at loss on what to do. Sub did not install in some right areas and builder backcharged for error but sub still filed a mechanics lien in full amount instead of what builder initially claimed. There is no contract. I received a letter from an attorney telling me to pay sub. Do I need a lawyer?...Read More
I am a homeowner that was misled by an acoustical consulting contractor. They came to assess the extent of the impact noise and vibration in my home.. and recommended for us to install rubber underlayment and floating floors on the top floor to combat both issues. They promised 70% reduction in noise but it was not explicitly written in the contract. Halfway through the project, I had expressed concerns since all the rubber underlayment was installed and we could still hear the impact noise and the vibrations had gotten worse. We were told to see the project all the way through and allow them to finish installing the laminate flooring to see if it would work. We did... and now the contractor is saying that our house has structural issues and that he is not taking any responsibility for the lack of noise improvement and the vibration issues that have exacerbated. He is now suggesting that we strengthen the joists and promises that we will see a 70% reduction in noise after doing so. I can no longer trust the word of this contractor and don't want to pay to have more work done that may cause even more issues. The estimate we signed was for 13k and we only paid 50% of it....Read More
Im the co owner of a general contractor construction company, our firm completed an interior home improvement job in city of diamond bar, CA to a couple clients on or about 12/14/2020 to 1/29/2021 . The owners failure to pay $ 20k included materiel with the proof of receipts to us. I tried to ask them to pay via email, text messages etc in properly languages, the owner did runarounds with us, also bullying and threaten my firm, and asked my firm to continue to do some cosmetic repairs to their premise. I asked the owners to pay off arrearages first, then I would to help to do extra touch up or cosmetic repairs. But the owners refused to and not reply to my inquires any more since on or about 2/19. on 3/5 , I received an attorney letter form this group of owners, they asked my company to credit them $10k.... In this case, should I file a mechanic lien or work with an attorney to fight for my justices and right ? Thank you so much. If so, I will! ...Read More
Hello, my contractor went over allowances and estimates; for example, he put in 5K for counters, and is charging me 10K; estimated electrical to 1.6K, and is charging 8K. Put allowances for shower doors at 2.8K, and charging 4.2 K (on stuff he ordered). Also, he claims a lot of small adjustment made during the work added to the expenses, but did not provide me with a change in order. He did provide change in order in writing for certain items (eg upgrading to metal beam) and I have no problem with that, because I approved them. But his final bill came at 30K over the contract, and only about 12K were approved by me. What is my recourse here?
He also took 6 mo for a 2 mo project, 2 mo based on his estimate and on similar projects in the neighborhood......Read More
We are a contracting company (not construction, more field data acquisition and technical services, but the situation still applies) that generally charge Lump Sum. Our clients almost always also want a "daily rate" stated as well even though we are biding as Lump Sum. On longer jobs (over a week or two) it sometimes becomes apparent that we can complete the work in a shorter amount of time, maybe a day or two earlier, usually due to favourable conditions. We are then faced with a client that is expecting us to charge less because we finished early. This forces us into an unfair situation where we are either expected to make less money for doing our job more efficiently or make sure we use up the whole time we anticipated. In these situations, we generally opt to acquire slower so that we will take the entire anticipated time in the end. Is this a reasonable thing to do? How can we change our contracts to protect our interests if we might end up finishing early? Thanks!...Read More