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Payment Disputes Questions
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Payment Disputes
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I just have roof contracted, Now I have a problem with contractor we have disputed issue. where I file for arbitration? Do I need a lawyer to depend my case? Approximate how how much a lawyer cost. Most of my problem is workmanship (cosmetic wise of the work)
CaliforniaWe hired a contractor to complete a rather large landscaping project that lasted nearly three years. During the course of the project, the contractor's license was suspended for failure to maintain worker compensation. The contractor never informed us of the license suspension and continued the project to completion. We are currently in dispute with the contractor over overcharges, double-billing, billing for materials never delivered, substandard workmanship, breach of contract, etc. The contractor never rectified the license suspension and has let the license expire. Can the contractor be disgorged of all monies paid under B&P Code 7031?
CaliforniaAs a home owner in Texas, can I be held responsible \ sued by a supplier who the contractor bought goods and never paid that supplier?
TexasMay 25 2020, we invoiced the builder. We have reached out numerous times via text and phone calls and we have not received a response. We tried reaching out to the homeowner as well and nothing. Can we legally send a demand letter and potentially follow up with a lien? Any advice is appreciated. Thank you.
TexasWhat if the general contractor claims he is not paying me because he is not satisfied with the work?
What if the general contractor claims to be unsatisfied with my service? Job is complete and I have furnished all materials and labor, and now he claims to not be satisfied
TexasI am the owner of the house that I'm building without a General Contractor. In July 2019, I hired a subcontractor to perform the rough plumbing for my house. This plumbing company was recommended to me by my friends. I received a quote from them by email, which I accepted, and they started work. When the job was finished, I received an invoice from the same email address to $26k, as we had agreed at the beginning. On the same day, I wrote a check for the whole amount and sent it to their address by mail.
The next day I received an email from the same email address with a request to pay them ASAP. I replied that I had already sent them a check. They ask me to cancel the check because their mailbox was not secure and make a wire transfer. I went to the BofA branch, canceled the check, and made the wire transfer on the name of their Company to the Wells Fargo Bank's account, which they indicated in the email. A few days later, I received a phone call from their accountant whose signature had been on all these emails, and she told me that the last letters I had received were from scammers, who hacked her email. I hurried to the BofA branch, and we called the Wells Fargo Fraud Department and sent them the request for a refund. In one week, I received $8k as a refund. With BofA manager, we request information about the rest of the amount but received a refusal because they do not provide information about the accounts that don't belong to me. I gave a check to the plumbing company's owner with $8k that had been refunded to me. Now they filed a lien on my property and demand that I pay the remaining amount. They haven't submitted any evidence that it was a scam, that the account indicated in their email doesn't belong to them. On the contrary, I have all proof that I transferred the whole amount according to instructions I had received from their email, which they, by the way, use to this day.
How big are my chances to dispute this lien?
WashingtonA customer of mine asked to use my tractor for some light work on his property. He cracked the boom and broke the hydrolic arm. Is he liable for the whole repair?
I own a septic and plumbing company since 2006 but have been going through a divorce since 2009. I informed the property owner my licence was not active I was there as a subcontactor. The home owner was responsible for all permits. The work I did there on his property took over 6 months to complete. I also have a study job at the home depot. I would leave my tractor there and come up on the weekends to do work the homeowner requested. I put in 2 septic systems with no problems. I got a call from his "Forman" asking if he had permission to move some dirt. I said it was ok . Later on that day I got a call from the forman telling me that when he was driving it to put air in the tire the back arm was swingging and ready to fall off. The hour meter shows the tractor was running for three hours. I spoke with a equiptment mechanic and farm equiptment expert on justanswer.Com who told me that the only way the damage to the boom could of happend was somebody used the tractor and tried to carry way beyond the load compacity which was 11,000 pounds. The work I did there didnt exceed 800lb load. The home owner had large stone bathtubs on his property. I believe they tried to move them with my tractor. I left my equiptment there because the homeowner had installed a security system and cameras all over his property to watch his employees. He claimed the cameras were not on that day. He claims no responsibility for what happened. It has been almost a year and he has offered me no more than $1500.00
CaliforniaI own a commercial property and had approximately 60k worth of improvement done on it last year. There was no contract except for a signed proposal which includes only a general list of work to be done and total dollar amount. There is no clarification about time frame for work to be completed, expected payments, etc. Contractor used what appears to not be exterior grade hardware on my ADA railing on stairs and ramp. Within days of install the screws and strap begin rusting as its winter. I reported this to the contractor and he says he will fix it. He sends a guy who replaces only a handful of screws leaving the majority still rusting, along with the straps. I had told contractor for two months that the final payment would not be made until work was completed. Final invoice was sent out in January. I wrote a response again asking for proper materials to be used and then radio silence for 5 months. I again stated I would not pay until the work was completed (ie. exterior hardware used) and their response was to threaten to sue. My question is, what are the implied causes in this “contract”? Did they breech it for not finishing the work? Did I for non-payment? What obligation do either of us have here?
New YorkAs the Material Supplier, we filed a bond on the public property (K09863-19.1) is the project id in our Levelset account.
We were later notified of updated BOND information.
Erin Classen suggested I reach out to your to inquire what our next step since their BOND CO has since changed in the midst of the project.
TexasRoof repair completed August 6, 2019. Insurance paid 10K and I am billed $9K more. Insurance refuses to disburse balance due. Contractor sent Intent letter to Lien Mobile Home for unpaid bill. Per FL Statute 713, I can withhold monies until Contractor ascertains all people participating on the project have been paid. I sent Certified letter to Contractor asking for a list of subcontractors, sub-subcontractors, suppliers and material-man about 2 months ago. No reply. Yesterday, I sent new Certified letter asking for Contractor's Final Payment Affidavit before I pay final bill to make sure who remain (if any) without pay. Still have not heard from Contractor. Looks to me Contractor wants to file lien without giving me this info. How can I protect myself and properly pay outstanding bill without knowing whom (subcontractors, sub-subcontractors, etc) participated in project, the pay they deserve and if they are paid in full? I need to stop Contractor on its tracks (I am under the impression they probably want to charge me interest charges, like if I am a money printing machine and that's an act of bad faith) and stop further modifications to the filed lien if it goes through. Thank you for your response
FloridaWe performed work on a job that recently filed a NOC. We have not been paid in full on the work performed. We were hired directly by the owner. We filed a prelim notice when the job started, however, upon some recent research, we found that the owner refinanced there lending mid project. Therefore, we are in the mist of filing a stop payment notice, however, because our prelim was filed with the original lender, this is who would receive the stop payment. How do we proceed with something like this? Do we update our stop payment notice to note the new lender? Even though we did not send a prelim to them. We have already reached out to the owner and asked for payment and they aren't responsive.
CaliforniaI had a water leak and called a mitigation company to mitigate the leak. I did not sign any contracts or agreed to any payments.
They sent me $9000 invoice for the work. I submitted it to my insurance company who states that the mitigation company has overcharged me. They will not pay for certain costs as they are not "industry standards."
I have had other people look at the invoice and they all say that some of the charges are not accurate.
I don't agree with some of the measurements that they used to come up with the charges or some of the hourly charges that they billed for.
I have offered to pay them what I think is fair and reasonable. The mitigation company is threatening to put a mechanics lien on my home. I have offered a settlement amount of $6000, however, they do not want to accept that.
What can I do?
MissouriAt the beginning of this project Kevin LaMarco the owner of National Roof and Solar Corp stated he gave a 20 year life to the roof because the owner of Harbour Animal Hospital said he had no warranty on his roof because the previous roofing contractor who put the new roof on approximately 4 years prior had gone out of business. I asked Kevin before I started working on the roof if the roof was good enough for solar and he sent me an email confirming he inspected the roof and gave it the approval that it was solar ready (meaning it would last the life of the loan and the panels 20years). Kevin was then responsible for the moving of some pipe on the roof which he had contracted a company named GEM to do the work. This took GEM two times to complete because the first time there was some confusion and the pipes weren’t all removed. During the second visit GEM made to the job site to complete the removal of the pipes, Kevin accidentally put a hole in the roof that needed patching . At this point my guys and myself had started the installation of the racking when we were told that we needed to stop because Wade had withheld from everyone that the roof had had some leaks and it wasn’t in good enough condition for solar after all. I then was asked to take the racking off the roof so because Wade now needed a whole new roof. This is when I had to pay my guy to install the racking and then to take it off and the job was delayed for months and I was told to bill for my time.
At this time I still have not received money for the GC and Building owners clear faults. I told the GC if I dont receive a call my attorney will get involved for communication. The GC called me and threatned me and my family.I had the brooker on the line that witnessed the threats. I called the police and filed no tresspassing order against the GC. The follwing three days the GC terminates my contract and demands I pay the money back I was given to buy materials. Now this GC is the devil he lied to and manipulated to the building owner to get him on his side. When I mean lied I have supporting email transcript to prove slander and lies. The accentially emailed the GC and the building owners email thread. It shows this the facts and he lied and slandered me. The both agreed to terminate my contract based on no wrongdoings on my side.
Rhode IslandI indicated to the GC a lien would be filed on a project, the GC stated they would bond around it. Lien was filed, now they want me to sign a partial lien waiver to satisfy a Vendor. Vendor is willing to accept payment or will file suit. GC wants me to sign partial waiver to release joint check to Vendor. GC requests I adjust lien amount from 61K to 18K reflecting the payment made to Vendor. Can I adjust the lien amount after it has been filed? This is a huge mess, the GC is claiming I violated the Trust and misappropriated funds as another scare tactic. After digging around I have found that the GC is notorious for not paying 100% of contracts or change orders. One side of me wants to give up and the other side wants to fight to the bitter end. What do I do specifically with the lien that has already been filed?
OklahomaI wasn't paid for labor at several jobs over the course of about 2 months (3/23-5/12). My employer (who I've worked for the last 2 years) claims that I am an independent contractor because he provided a 1099 that I did not sign. I came on with no skills, did not make my own schedule, and had to train other employees. The funds being withheld are for work provided on 50+ homes, so I don't want to file 50 liens. I have correspondence of him claiming that a notice of intent and payment demand letter I sent is slander or defamation of character, while I am still owed about $7,000. He's threatening a lawsuit. I don't technically have a contract, but plenty of proof over text and email of all agreed upon rates. I'd like to know the best course of action.
Texas