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Payment Disputes Questions
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Payment Disputes
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We are working with a small, custom home builder. Prior to building our home, the builder received bids from all necessary contractors and then we wrote up a purchase agreement based onnthose costs. We've never built before so are new to this whole process.
We've recently had a few things come that are very concerning and would appreciate your advice. First, our floorplace was open with a sight line to the outside. Due to an oversight, when the plan was sent to the engineers they determined a large support beam was needed. Our builder wasn't aware of this either, didnt inform us and even the framers missed this. After all framing had been completed and the roofers were beginning, the wieght of the 2nd floor began causing it to severely sag. At this point it was realized that this large supporting beam was missed and our whole 2nd story had to be jacked up to insert this post. We are extremely disappointed because we weren't wanting a post in this location of our open floorplan. We are also concerned about the integrity of the structure since this was missed for weeks and weeks.
Another big concern is regarding our electrical bid.The day we met onsite with the owner of the electrical company we asked to see our electrical plan. We were told that we didn't have one yet and that was the point of meeting that day so we could develop one. We didn't get through our entire walk through that day and scheduled for a follow up meeting 4 days later. When we returned to the jobsite for our 2nd meeting the electrician had his crew working on our home and pretty much the entire upper floor and part of the main floor had already been completed. We hadn't signed off on any of the work, nor had we even seen exactly what was included in our original electrical plan. However being new to the process we expressed suprise that they had already made so much progress but didn't really think through all the ramifications of them doing this and still assumed that the electrician would provide us the plan. Most our specialty items hadn't been cmdone yet so we assumed that they were just doing basic wiring we needed anyway.
Later that day we asked our builder about the electrical plan and why we hadn't received it and his response was that "they don't really give those out-its not a thing" and we trusted him as we've never built before. However, the more we thought aboutitt, the more its been bugging us especially since the original bid was worded vaguely & over $10,000 of the charges were under a category entitled general wiring.
Within the next few days the entire home had been wired and then a week later we got our revised bill with our upgrades and the cost from the original bid to the new cost had increased by 60%! We had discussed many options, but since we never got an electrical plan and never signed off on the upgrades are we on the hook for paying this entire bill? Perhaps we would have gotten a few other electrical bids or eliminated some of the discussed options had we known the costs associated with those items. Furthermore, things were done that we didn't want and some switch locations wrong as the electrical guy never took any notes on either visit because he assured us he didn't need to and would remember. We dont want to sign this form since we are now only seeing it after the fact and we still never even got a copy of our electrical plan!
Please advise.
MinnesotaHi,
Our company is a supplier of Italian kitchen cabinets. We are currently involved in a dispute with a project owner. In spite of amount due contractually and all charges justified, owner will not release all of 2nd deposit to ship cabinets from Italy. Owner is refusing to pay redraw fees of approx. $7500. Owner approved the redraw with fee via email. The cabinets are ready to ship and owner has been notified. Owner said "the cabinets can just sit there". Owner will not respond to contacts. We believe the owner is trying to force us to ship by putting undue pressure on our relationship with our manufacturer.
CaliforniaHi there,
My company has completed a roof replacement as agreed with the homeowner. The homeowner's suddenly had a random issue with us (we have texts, recorded calls, and further documentation). We did not do anything wrong, but they made it very clear they were not going to pay us almost the remaining half of the payout. We are now under on the job and they are harassing us claiming we are double charging their cards or incorrectly charging them, and writing negative reviews. Again, we have proof that this is false. How do I go about filing a lien and a civil suit? Thanks in advance.
Texasthe woman i did the work for now isnt answering my calls and is blowing me off. she keeps promising to pay and thinking up things to deduct from my paycheck
ArkansasI'm a Masonry Subcontractor the project was completed 11/2018 we received our lien Waver for last payment and change order on the 1/2019 and we still have not received payments. the Hotel has been open for a year. What can we do to receive our payment?
North CarolinaDo you have anyone I can work with?
ArizonaWe had hired an unlicensed steel fabricator to design and install a security door and view fencing and gates for our yard. He had asked for 1/2 of the cost for a deposit for "steel", which was $3200. We gave him cash. $1000 was for the security door and the rest was for the steel for our project. We had many issues with just getting our security door installed, the work was not good. We do not want to continue with him or allow him to finish the job. We are asking for our 2300 dollars back or the equivalent of steel. He is refusing to give us anything back.
ArizonaMarine contractor overcharged for time and materials on a verbal agreement.
FloridaWe sent a lien release to a title company in California under a Letter Agreement with the liened property owner. The title company was directed by the property owner's legal counsel to file the release without paying us the required sum and violated the Letter Agreement.
What is our recourse? Should we file a new lien? Or is there a way to invalidate the lien release since it was filed without consideration?
New YorkI filed a lien against a property that I did not send notice to owner that I did not know I had to do at the time I filed lien. Can they have me arrested for criminal fraud ?
FloridaCan a Contractor withhold payment for not having a signed contract from a subcontractor? Example: If a sub ordered materials for a project getting ready to begin and bills the Contractor for them, can the Contractor withhold payment if they have yet to receive their contract back signed?
TexasI have received a False Claim Disqualification on my California EDD filing. I read that the False Claim Act was approved but I am still being told that I am disqualified when I certify my benefit weeks online. How can I fix this misunderstanding as I have had full time employment for the last 3 years? Currently, my job has furloughed employees.
CaliforniaIs a stop payment on the check received from customer handled in the same manner by using the demand letter? Customer lives in Nebraska.
NebraskaI am a subcontractor in Illinois, and we have not been fully paid from the GC for a fire alarm system upgrade at 77 W Washington St in Chicago. We have been trying to work with the GC to get paid on a partial retainage from previous work and a change order to add stairwell door unlocking based on fire department comments. Our job was completed in June 2019. The GC told us that the money is owed to us by the GC (We have written documentation), we still have not been paid.
Since we are past the 90-day window, what would be our best legal remedy to either file an LOI or proceed with filing the Mechanics Lien?
I appreciate your assistance with this matter.
Illinois