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Payment Disputes Questions
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Payment Disputes
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I need to know my rights after a contractor walked off job and then filed a mechanic's lien. This occurred right after the pandemic started. He had recorded a lien and now has sent a notice to foreclose but not filed a suit. What can I do to respond?
MaineWe filed a lien and they have a payment for us... they want us to release the lien prior to sending the payment. My question is they are not fully satisfying the lien amount as they are still withholding the retainage amount, so if I "release it" am I able to refer back to it at a later date and say they didn't fully pay us? NOTE: we are a PA contractor but job is in NJ
New JerseyI submitted a Pay app request before their deadline of the 22nd of each month. I emailed it April 19th and was accepted. I have not received Payment yet. I mar e a inquiry on it and they emailed me this:
“Thank you for your email! Please refer to Article 2 Payment Terms of your Subcontractor Agreement which states:
2.8 The subcontractor is paid only if the general contractor is paid for corresponding work. The total price paid to the Subcontractor
shall be the contract price, as detailed in Article 2.1, no part of which shall be paid until ten business days after payment is received
by the Contractor from the Owner.
And to keep checking for updates.
ColoradoHi
I am a subcontractor to a company in Texas (Dallas County) working on a US Federal Information Technology contracts. The Texas based company is not a direct vendor and so subcontracting with the prime vendor based in other state (Virginia).
The Texas based company failed to make the payment for the last one year.
I was told that the Texas Prompt Payment Act is applicable only to Construction and State/Local Governments contracts. Is it true? If not, what are the ways to get the accrued interest?
An early reply is highly appreciated.
Thanks
Ram
TexasI got GC for my project and before the job is finished I received a call from subcontractor that if I don’t pay him the remaining he is not going to finish the job. Can a subcontractor ask the owner directly for money ?
FloridaI am a small company 3 employees, we built a house for a customer and it took us about 2 years do to unforeseen company problems. But now that we are finished we sent the final invoices to the customer and yes it is over budget mostly due to the customer selections. He will not respond to any attempts we have made to collect your money or even talk to us.This is a 2nd home for him so I don’t know when he is there and when he is not. This is a lot of money and is crushing my company. Any advice you could give us would be a great help. Thanks
West VirginiaWhen a specialty contractor works on a job and performs work out of Classification. And is a licensed C 6 contractor within the state of california.
Can it then be considered unlicensed or out of classification and thus disgorged under B & P 7031? or does B & P 7059 allow as is states that ; Nothing contained in this section shall prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he or she is licensed, is incidental and supplemental to the performance of the work in the craft for which the specialty contractor is licensed.
How does one define incidental and or supplemental, as I understand addioinal is accompanying but not a major part of something. in addition and supplemental is provided in addition to what is already present or available to complete or enhance it. ? Is this a grey area, or since the specialty contractor was indeed licensed, how then can any work be disgorged and be considered unlicensed?
CaliforniaWhen a specialty contractor works on a job and performs work out of Classification. And is a licensed C 6 contractor within the state of california.
Can it then be considered unlicensed or out of classification and thus disgorged under B & P 7031? or does B & Pb7059 allow as is states that ; Nothing contained in this section shall prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he or she is licensed, is incidental and supplemental to the performance of the work in the craft for which the specialty contractor is licensed.
How does one define incidental and or supplemental, as I understand addioinal is accompanying but not a major part of something. in addition and supplemental is provided in addition to what is already present or available to complete or enhance it. ? Is this a grey area, or since the specialty contractor was indeed licensed, how then can any work be disgorged and be considered unlicensed?
CaliforniaI was a union subcontractor on a public library (Garfield HeightS in Ohio) never received my retainer off the job which lead to me having to fold up company . The retainer was my profit off the job . And it’s been 6 years I believe . Am I screwed or is there a way to receive my pay . Thank you for your time and feedback.
Sincerely, Steve Perrier
Perrier Finishing LLC
OhioOk so this guy owns a pool construction business and they did a remodel and some other tasks for some homeowner. Well he called me one day wanting me to help him with a job over there and basically I never got back with him after he had texted and called. Well he texted again a month later saying I need this done and I’ll pay u 2500. Well long story short he got fired but home owner cause I didn’t show up or watever for like a week due to my full time job and some other things. I was literally alMost done. I completed at least 75% or probably at least 80% of the job that I was supposed to do. Out of that 2500 wat does he owe me or am I entitled to. Keep in mind I’m not in contract or anything and all I have is him saying he will pay me 2500$ cash but I also understand I didn’t complete the job someone else did but I did at least 80% of it. And yes also I’m not really a sub contractor or independ contractor because I had a full time job I just used to work for this guy so he knew that I could do it for him. Thanks.
TexasI worked on and insured a job for a Sub Contractor I was working with on a Hotel Renovation Done in Austin, Tx. The General Contractor knew I insured the job and helped in the work on the job but made the check out to the Sub Contractor. Hence the Sub Contractor was paid and didn’t pay me for my work. Normally the company who insures the job gets paid for the work but in this case they paid the Sub Contractor.
TexasI install decking and railing on large apartment complexes. My contract consists of all material and labor. The Material is picked out by the general contractor and I just add it to my contract. Recently we were going over the details as the railing just showed up on site and his plans are different then what I received from the railing supplier. The general contractor had 10total posts on each deck but the railing supplier had only 4 using the columns and walls to tie into instead of end posts. I requested a change order to cover the extra costs of adding 6 more posts to each deck with a total of 54 decks. He declined my request and said I need to come up with the extra $19,000 in post cost to complete it as his plan shows, is this right?
WisconsinI completed a residential job for a customer. I have not been paid and they have sold the property. As of today, too much time has passed for me to place a lien on the property, as per the sites time line. Is there anything I can do to collect any money on that project or is it a lost cause?
CaliforniaI am a general contractor for a home owner. We hired a subcontractor (plumber) who provided us with a bid proposal. He started the work but did not finish. He is now invoicing us for more than double the amount.
we had to bring in another plumber to fix the problems and complete the work. We are not disputing we owe him something, but we see no grounds for him to more than doubling his price. Is he able to file a lien on the property based on this basic information?
And our we able to back charge him for damage to the property and paying a new plumber to fix and complete this work?
ColoradoHow can I lien the house,I am a general contractor, naive and good nature, my business partner and I have been tricked in signing an addendum as the investors calls it but when asked if it was a list of things that still needed to be done the answer was yes bu the list included something that was never part of the scope of work, the installation of the floors that someone else already did the job, they insist for us to give them credit so 12,000 dollars. in a way they want a very expensive present,
California