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Payment Disputes Questions
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Payment Disputes
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We’ve been working with a painter and agreed to pay him $6500 to paint the interior of our home. The night prior to him finishing up the project he sends over a handwritten list of “back charges” for $7,000. Keep in mind the entire project was supposed to cost $6500- so this new charge took the interior costs to $13,500. He claimed that this was for additional work he had been doing but he didn’t inform us or have us sign change orders. Previously we agreed to a change order for $2k so we assumed anything that was being done for the remainder of the project was covered under the original scope of work unless he presented a change order. We ended up giving him a check for only the remaining part of our original contract and having him escorted off of our property by the police. He’s now threatening to place a lien on our building and sue us unless we pay him $15,000. We never physically signed a contract with this guy- does that mean he can’t file a lien? Obviously there was an offer, acceptance and consideration so it was in every essence a contract, but does he need a signature on a contract in Kentucky to file a lien?
KentuckyHello! I’m an homeowner and had some work done in my house and used a general contractor. I paid 50% and the remaining balance was supposed to be paid when the project is completed. We had lots of problems and mistakes were made. We failed inspection and the general contractor wants me to pay the remainder. I said not until the job is completed. He quit! Today I received an intent to lien. I’m in Colorado. Thank you.
ColoradoHi, so i was hired to start working construction threw a friend of a friend. I was hired as a subcontractor for All-State solutions llc. They hired a manager who pays us and over sees us, saying all pay questions needs to be directed to him. On my second day the owner, Manger and General contractor came to us at a a meeting saying that we were 1099 employees of allstate who need to file taxes every 3 months and we will be receiving statements every 3 months also... but continued to pay us cash each Friday with no documentation stating what we were paid or hours. We would keep track of our own hours and text the crew lead each week.... Starting the second week, the manager over seeing all the crews started to become short saying he would pay us all next Friday. When that day came he would have partial. Next saying he would pay is in full when the job is ended but he ended up paying partial payment instead of full. On the last day of the job he paid partial once again. Now I can not get ahold of the manager. Other guys from the crew have gone back to work but have not received pay. I have not received pay nor gone back to work. Any suggestions or ideas on what I can do to recover my pay?
ArizonaMy swimming pool contractor presented me with a bill for a rock clause in excavating a swimming pool at our house. It was only at that time (first time) that he informed me his subcontractor billed at $1,350 an hour. When I expressed surprise, he said, you agreed that this rock clause cost would be extra. Did he (contractor) have an obligation to inform me of the hourly rate and get my approval before the work was done? Thank you.
CaliforniaI had a contract with someone who was building a 16 ft x 22 ft sunroom attached to my home (over an existing patio). He took up the old concrete, set the footers, poured new concrete, framed it, put windows in (but hadn't flashed them yet),, put a 28 gauge metal roof on, and two of the windows on each side were specialized. That was ALL that was done so far before we had a dispute over him being 3 months past time of promised completion. He basically decided to part ways with the job and I had already paid him $20,000. He feels I owe more and is leaving it to me to pay what I think he deserves. I honestly have talked to several local guys but they are NOT contractors. They said he has been paid plenty but contractors usually have an upcharge . I just want to do what is fair but I don't want to be taken advantage of. the problem is he took two huge draws (one prior to ANY work being done so I don't know how he applied the draws...there was no itemization). He doesn't want to show receipts or total hours with an hourly rate so I'm very confused and he's not saying he will take me to court or anything but he is saying he feels I should pay him more. Well that leaves it so open ended.
VirginiaWe filed the bond claim through Levelset 5/29. Our customer (subcontractor) and the GC have become unresponsive since then. What's the next step?
MissouriI've been working with a contractor on a T&M contract basis for a remodel project at my home in Walnut Creek, CA. Before starting the project and agreeing to T&M we asked the contractor to give us an estimate of timeline and total labor cost based on our scope of work. The contracotr indicated 8 weeks and 45-55k labor in an email. We're 5 weeks into our project and already at 48k labor (750 hours billed) and I don't see us finishing our scope anywhere near the communicated timeline or budget. I've already been paying a weekly accrual to the amount mentioned above, what are my rights to dispute what is happening?
CaliforniaWe had a contract with a property owner to build a 500 sq. foot home for the amount of $80,000.00.
in California. Every time the next payment was due the owner said oh I don't have the money and would dictate how much he was going to pay so it has been a night mare. well before 1 week before the payment of $20,000.00 was due he wrote a letter firing us. There for breaking his contract with us. We asked for payment of $ 5832.00 mind you not the full $20,000.00 owed but the amount for extra spent on materials and time before next "draw" or payment was due. We sent Certified letters stating we were going to file a lien. After we filed the lien we notified the customer, he sent a letter and a check for half the amount because he said that's all he felt he owed. Once again this was a Contracted bid job with a payment of $20.000.00 due. How do we foreclose on this lien ? Thank You
Dan Lentz 707/318/0607
CaliforniaI was working for someone who had a job on a house that was partly burnt down to do the demolition and the job is 70% done and they don't want to pay what should I do
UtahI am a contractor. I took over an addition project from another contractor who had done a poor job with some of the framing and was fired. I did not have lien rights verbiage in the contract, nor did I supply it within the proper time frame from starting the work. My contract clearly states what work was included and clearly states the rate at which additional work will be billed. Of course there were changes and additions. For 90% of the project, I felt like I had an excellent working relationship with the owner and therefore failed to produce change orders when things came up, thinking they understood that they were asking for work beyond the contract and would be billed for it. Upon completion of the project, I produced a bill with the contract balance and additional charges. I provided a conditional lien waiver for the amount of the bill. The owner has refused to pay any of the bill unless I provide a lien waiver for the amount they want to pay which is about 30% ($4000) less than the bill. Did I lose my lien rights by failing to provide lien information at the beginning? If I provide the waiver they are asking for, can I file a lien for the rest of the bill? Does providing the lien waiver affect my rights or my chances of success in small claims court? The amount in question is about $4000, but there were a number of services I never charged for but would like to pursue if it's going to be a battle. Can I legitimately bill now for those services? It has been about 30 days from completion of all work and about 25 days from the final bill date.
WisconsinI did work hired to do by a general contractor and he is refusing to pay and holding my tools
FloridaWe filed a mechanic's lien, a law firm sent a letter to dismiss the lien and the letter refers to "reserving all claims against JDM, it's principals, agents and others responsible for the lien filing". I think i am the "others" the letter makes reference to, and I want to know if a claim may be made against me personally?
PennsylvaniaI had a solar company install a new roof and solar panels on my home in October 2019. The project was completed mid November with my final payment being made on 11/18/2019. The solar company subcontracted the roof replacement to a roofing company they use for their projects. Now on 2/28/2020, I receive a letter that a supplier is filing a mechanics lien on my property for non payment of supplies. The roofer called me to inform me that they plan to file a mechanics lien as well. Can they do this even though my contract is with the solar company and I have paid them in full?
California2014 customer contacts me through Home Advisor, needing concrete porch & steps. I do job, he pays, no problem. Fast forward 6 years, he plagues me with voicemails that he has cracking and needs me to take a look, and asks which form of payment do I want, cash or check? I finally get there, as this job is 2 hours from my area, on large Lake. We discuss issue and he agrees to my price of $10,800.00 for demo of a portion of concrete and repour. I do job, renting jack hammer, other equipment, buy concrete, and pay my guys, job turns out good. My findings are that the cause of this isse is his place was built on filldirt, and everything is sinking. Job is complete, I knock on door to submit bill, NO Answer! I leave bill in door, 2 weeks later ... No Payment. I stop up there yesterday, lights go out when I pull in, I pound on door, he answers with an attitude... saying he's not paying but $3,000.00! He doesn't feel he should pay, I say, why should I pay for your house being built on fill, everything is now settling after 20 years. He says "I wanted the job done"! He apparently sent check for 3K, still owes 7,800.00. What are my Rights!
VirginiaGC has had extensive delays on job. I’m a framing contractor (rough framing) my contract includes installation of siding and providing the material. Framing started in August of 2018 and didn’t complete until August of 2019 due to design changes, foundations not poured on a guest house and other GC delays.
Siding material was changed by GC from plans and specifications at beginning of framing and to date GC has not decided on material to use and is holding contract money including retainage. What recourse do I have if any due to the GC delays. Also he is now threatening me with back charges for straight edging the walls which I have done twice since I completed framing because it has sat unfinished by GC. Contractor has not covered exposed wood framing in the 6 months since I finished. Wood shrinks and twists if not properly covered which I have pointed out...at any rate I believe GC is not going to pay and refuses to provide the information to complete my contract work.
California