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Payment Disputes Questions
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Payment Disputes
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Im a subcontractor working on a large commercial project. We were slightly behind on one of our scopes of work-drywall. The contractor hired in supplemental labor without any agreement from us. Contract calls for certified mail and 48 hours notice to remedy the situation. We were given a bill for $58,000 for the work which is three times the proper rate.
The contractor is contending he has not received payment for the draw submitted on 12/9/19. This is likely to place additional pressure on us to concede to the bill.
What are my rights and how do i find out if the client has been paid for that draw?
OhioI am a general contractor who conducted water damage restoration and pack out services to a home. This claim was paid through the home-owner's insurance and a pack out check was issued directly to the home owner as a 2 party check with his name and the public adjuster we hired. Homeowner cashed the check with out the public adjuster's authorization in December 27, 2019. Our company just found out about the situation and the homeowner refuses to pay us for the pack out services and used that money to remodel his house. Insurance companies usually take a while to issue checks for jobs done and once they're issued payment is required immediately. The pack out has been completed. However, the pack in was not completed since the owner KNEW he had the money and wasn't going to pay, he took all his belongings before hand. How do I go about the 20-day preliminary notice? Is it too late since payment was issued in December without our knowledge?
CaliforniaI am a general contractor being billed the full amount on work that was not performed including getting an electrical inspection for my clients home. They left the project declaring themselves finished just for us to quickly realize they did not do what was discussed and agreed to verbally by the foreman. They are now threatening with collection activity. How do I handle this properly?
PennsylvaniaI'm building a house in Washington state. I consulted an engineer because the city forced me to. The engineer never provided a bid or contract but did the work anyways. He did way more than what was asked of him and what he did was not to the specifications I asked for. He also screwed up some calculations and incorrectly sized some beams.
When I found these mistakes I fired him an did not pay his bill. The job was only supposed to be for a few areas of the house plan that the city wanted clarification on. His bill was about $6k. I have never paid more than $2k for an entire house plan before.
I told him directly that what he did was more than I asked and out of the scope of work I wanted and that he screwed up many parts of it and his screw ups cost me more than his bill also he created design challenges I couldn't fix and for those reasons I wasn't going to pay him anything. He sends me a bill by email every month and includes interest too. What should I do? Just keep ignoring it and him or what.
Thanks
Brad
WashingtonThere is no bond involved. I want to send a notice to the customer that the GC has defaulted on payment but the language in the Notice of Nonpayment is clearly set up for bonded jobs.
FloridaWe are general contractor. One of our subcontractors sold their receivables (invoice) to a financial services company. It looks like the subcontractor is really suffering and may be filing for bankruptcy soon. However, the financial services company is trying to get collect on the receivable from us. They (financial services company) just filed a UCC Financing Statement. In the past few weeks we were issuing joint checks to the subcontractor and their supplier. The financing company is asking us to remit all payments to them. Who do we pay? Does the financing company have rights against us if we didn't pay them? Does the sub have rights against us if we pay the financing company? What's the effect of the UCC statement and/or does the financing company somehow have the subcontractor's lien rights to protect them?
CaliforniaHow do you dispute the unpaid balance of an unsigned contract if the work was deficient and the contractor filed a lien?
IllinoisAfter we filed the mechanics lien, we billed the customer for late fees, can this be deducted from the amount that we make the partial discharge for?
FloridaI didn’t send an invoice to get paid for remainder on a Construction project . Customer and I speak often... didn’t send final due to add ons outside of original scope of work... still waiting for impact door to come in that they originally did not want to do. I get a text today stating that because I didn’t send him the invoice yesterday, he’s considering himself paid in full and I being breach in contract. If I’m not mistaken, until I send final invoice then he has 14 days to pay my company... we are a residential licensed and insured general contractor in the state of Florida... and mind you the remainder is 80K... I am not desperate for money and don’t haggle my customers until I’m 100% complete... am I in the wrong here?
FloridaWe are in a road project with Conditions of Contract as per FIDIC Harmonized, 2006 edition. In a case Client not paying us approved payment certificates on time, that includes delayed VAT amounts. Do we have right to claim Interest on VAT amount or VAT amount to exclude???
OhioI read everything but now I’m even more confused. I’m a contractor that was hired by another contractor so I’m the sub. Once I send invoice to contractor what’s the deadline for then to pay me.are they allowed to make me wait till they get paid?
FloridaI solicited a contractor in Mississippi to paint the interior and exterior of a vacant rental property . The contractor emailed me an estimate that we later discussed and verbally settled on a negotiated lower price. However, the initial contract or the revised contract, was ever signed and the contractor did not show up the day the work was to commence so I assumed because I did not sign and return the contract the contractor had not expected to do the work quoted. A couple days later the contractor showed up at the vacant property to begin working. I didn’t know the contractor had begun the work for a couple days because the property was vacant. The contractor completed the work on 10/28 and filed a lien on 1/29. I understand this may be outside of the 90-day filing guidelines, but I would like to verify if a pre-lien notice is required and how do I challenge a notice of a special lien.
MississippiHI,
I had a Mechanics Lein on a property owner as they owed me monies for work done. I used your free NOI letter and after delivery to the owners, they [aid the full amount of the lien that was outstanding. However, on your NOI letter, I also marked with an asterisk that "the amount above does NOT include Legal fees".
As they have now paid in full the amount of money due to me for the work done, but NOT for my legal fees (ie the fees I paid to Levelset and also my attorney's fees), do I still have to remove the lien?
Can I maintain the lien until they pay my legal fees or what recourse do I have to recover these legal fees?
I want to ensure I am not liable in any way if I keep the Lein on their property if they have only paid for the work done and have not paid (they are disputing), my legal costs.
Thanks
WashingtonI am an electrical contractor. I got hired to do a remodel by a GC. After I did all the rough electrical he paid me for that portion of the project. Now I’m waiting to do the finish work. In the meantime the GC and the owner have had major issues. I received a message from him saying that I need to deal directly with the owner from now on. The owner says she has already paid the GC in full, so I need to do the work then get paid by the GC. I’m supposed to start the finish next week. How do I make sure I will get paid?
CaliforniaI believe our contractor abandoned our project. The project started in October 2018 and the last time they were on site was April 2019. What legal rights do we have? Can we get the money we paid? Since the project was never completed and the contractor wasted our time?
Georgia