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Payment Disputes Questions
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Payment Disputes
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Granite Sub-Contractor sent email stating extra charge for correcting defective work and has threatened a lien on client properties if invoices are not paid by 11/8.
My husband in the GC on the residential renovation work.
GeorgiaWe are a commercial plumbing company. We worked with a GC on a number of projects a couple of years ago.
There are about 4 jobs that have not been paid by this contractor dating back to 2017. To date, the contractor has not paid the balances due on these jobs.
We also had 3 jobs that were a little more problematic, dating back to the fall of 2018. Other than one of those job (on which we only completed 1 of 3 phases), we completed the other 2 through final inspection.
We attempted for some time to collect on this work. Finally, months after the fact, the GC is saying that he had additional costs on these jobs, and will not be paying for them; furthermore, he is attempting to hold the monies owed on the 2017 work (completed satisfactorily) against his "additional costs" on the 2018 work.
I never received, and have still not received, any sort of deductive change order or accounting from the GC regarding the 2018 work that he is alleging had additional costs. I do not believe that is legal in Georgia to hold monies on one contract for an issue on a different contract. Furthermore, it seems that there must be some mechanism or process for applying "additional" costs (via a deductive change order) to monies owed from a GC to a subcontractor.
Can you give me some insight on this, and whether or not what the GC is attempting to do is legally allowable?
THank you for your time
GeorgiaWe paid a contractor on time for concrete work according to our contract. We then find out from the concrete supplier he had not been paid for the concrete - checks bounced. He had worked with the contractor many times and this was the first time he supplied the contractor on credit. As the owner of the property/home, am I at any liability from the supplier? The entire job was 35-40K, the supplier was due over 10K for concrete.
LouisianaHi
For my kitchen remodel my contractor had a $7k allowance for countertop install in his const. contract not including materials which I paid for in advance ($3k). Ironically once the install was complete he provided me a vague invoice for $7k exactly. I asked for a more detailed breakout which he provided 3 weeks later and included 18 hours of o/t was included which I never authorized- clearly backing into the number. with his subcontractor. Am I responsible for the o/t?
CaliforniaA pAinting contractor did not do a proper job and refused to fix issues. They left tools damaged property. I cancelled the second half of payment after they refused to come back. They wrote me that they just chose to not come back and to let it go. Told me to enjoy my basement. Then they texted me lien notice. It will cost me more to fix their damage than what I owed them. What rights does a property owner have in Colorado when a contractor doesn’t perform the work
ColoradoI have a contractor who is charging me for plumbing work he didn't perform. The plumbing was done by another company, which off course is charging me. Also the subcontractor believes that the contractor will not pay him once I pay the contractor. the tree of us met yesterday in person. The pre agreement was that I will pay the contractor and at the same moment the contractor would pay the subcontractor but the contractor said he would pay the subcontractor later. After that statement, the subcontractor said "I am out of here. I will file a lien on the property.
Then the contractor keep pushing me to pay him but without having assurance he will pay the subcontractor I told him that I will not pay him.
I told the contractor let's meet at a bank the three of us so I can pay the contractor and the contractor can pay the subcontractor at the same time. the contractor refuse that and he said he will file a lien and that he will sue me for not payment. Can he do that? What can I do so neither the contractor and subcontractor file a lien on my property?
CaliforniaI sent some invoices through quick books, I found out a week later not all got sent. The Builder has paid us $15,000 last week. He paid us another $22,000 today. He owes us a total of $146,000 as of October 3rd. Not counting the $37,000 he has paid so far. He promises to pay next month the balance. What would I lein him on...the total he owes from 10/3 or to date? We started the job 09/03/19.
WashingtonAL law advice/action: If theirs proof invoices and payments were altered by a property manager so the properties employees could receive budget bonuses. Then when receiving multiple payments instead of what should’ve been 1 payment and the payments were still short. What action could be took? Or can there be action taken.
AlabamaIn CA, a contractor had a home improvement contract that excluded plumbing fixtures and nothing more. The homeowner understood plumbing fixtures to be sinks, toilets, tubs and faucets, which is in conformity with the Uniform Plumbing Code and the CA Plumbing Code definition. As part of the bathroom remodel floor plan, shower glass was to be installed. The homeowner understood the shower glass to be included in the negotiated contract price, though it was not an expressly included item. During construction, the contractor directed the homeowner to go to a specific glass store to pick out the shower glass and handles. The shower glass company then faxed a schematic and work description to the homeowner that did not show any pricing and required the contractors signature, not the homeowners signature. The contractor signed it and it was returned to the glass company. Subsequently, the glass was installed. Later, the contractor presented the homeowner with a single item "change order" for $3,000. The homeowner refused to pay it based upon the shower glass not being an excluded item, not agreeing to the price / change order in advance, being directed to the glass supplier with no knowledge they were expected to pay an additional charge for the glass. Based upon this and other disputes, the homeowner and contractor are going to Arbitration. Is the contractor entitled to reimbursement under the theory of "unjust enrichment?"
CaliforniaSearching TX laws for fighting fraudulent mechanic's lien (we have signed release of lien from our contractor. Thank you
TexasGC with very basic time and materials contract with property owner of single family home in Illinois. Work was completed, including by subcontractors, and client paid by personal check. Later that day, client started complaining that several things requested to be completed hadn't been done. Following day client claimed minor damages (paint splatter, scratches, etc) and demanded partial refund. If check is ultimately returned by bank for stop payment request or non sufficient funds is filling a mechanics lien still an option or would it be an improper filling because they "paid" and I would have to instead pursue remedies related to bounced checks?
Also, would your company costs and county costs for filling a lien be able to be added to the lien claim amount?
Property is being listed for sale this week.
IllinoisCompany paid us to paint didn’t pay draws on time, stopped us from working on some days didn’t get done on time because of this. Now are saying contract was broken because of this.
KansasHello my name is Rubi.
My question is I did some hoarder cleaning for a friend of my moms and then she wanted me to organize her 3 storage units and turn one of her bedrooms into a craft room/ office / TV room. Well I completed everything and she has paid me at the end of the weeks but for other jobs she asked me to do she has not paid me for and for the last 2 weeks of work also. She is refusing to pay me what’s she owes me. Her reason ..... she has paid me way to much already I filed a small claims then she told me she had a legal adviser and we should meet she mislead me in to a meeting with her paid attorney if I would have known I would have had legal assistance with me either way on day of court her attorney was there early talking to judge and even before court time my case was dismissed. So now what do I do. She owes me more than $10,000.00
CaliforniaHi,
I'm an owner of a new two-unit property in Waterbury, CT. Recently I got into a financial dispute with a contractor, who I don't know if he has a professional license or an LLC. I was recommended by someone and thought he would be the right person so I gave him a try.
When I first met him, I asked him to give me a contract. He said yes but I never saw one. Everything we did was verbal which I really didn't like. He said that he would took care of everything for me, from fixing up the places to leasing to tenants because I currently have an empty unit in my duplex. After one month of chasing after him with calls and asking whether he had found the right tenants, he would say yes or promised that soon it would be done. Well, it never got done. He claimed he had the phone problems, apparently not just once. I was frustrated and believed that he wasn't a professional property manager/contractor because whatever documents I requested regarding his company or the new tenants I just never received them.
I finally took the matter in control. I went to Waterbury and changed the lock myself because he had my keys. Inside the house, nothing was done except one-coat of painting on the wall. Everything was unfinished. Then the next day I got a call from him saying that he had the new tenants moving in (out of the blue)! I texted him and said I NEVER agreed to let anyone moving in until I saw the paperwork (employment, ID, etc), security deposit, and first month of rent. He basically ignored what I told him about everything! He now said that he wanted me to pay for ALL the work he did and the hotel for his tenants; otherwise, he would put a lien on my property!? We don't have a contractual agreement for the work. He doesn't have the Power of Attorney agreement to act on my behalf as a landlord. Regarding the leasing, he didn't have my approval and I never gave the residential lease to his tenant nor collect a dime from his tenants. Can he still file the lien? What should I do now? Thank you.
W
ConnecticutI’m a plumber and I’m doing a retirement building of 7 floors and the we were givin prevailing wage of 53hr but now the employer said we can only get 14 hrs of prevailing wage and the rest of 26 hrs under the table
California