Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Payment Disputes Questions
All Status
Payment Disputes
All States
a friend of mine who is a legal aid said that only lic contractors can file a lien
Michigannew addition is leaking in 7 spots in basement and 3 spots on main floor. Stayed at home all day on Saturday waiting for the injector but no show. NO inspections are done yet. Things are getting stolen and the general contractor wants me to pay for them. I called the police and police officer said civil in matter not police job. He is increasing our contract amount higher and higher and we never even signed for the increases. Yesterday he had the portable potty moved off our property like he is done. The contractor said he is not hanging the doors to the 2 bathrooms, bedrooms, and closets doors also no trim for doors and trim at floor base after he told me to go buy them so I did. he is not cleaning the addition up so my husband and myself and my boys have been cleaning it at least 10 times during the last 5 months. Contractor won't give us a warranty for windows and for the roof. My contractor is also a builder inspector and he inspectors his own stuff. I turned him in but that didn't help. he was suppose to repair stuff---the real builder inspector left and he told dry wall people hurry up and hung that stuff. My drywall was not dry when contractor sent over the painter so my ceiling is falling or notice the lines extremely bad on ceilings and then he put the insulation in attic after painters was done. I was told by drywallers the insulation needs to be in attic before they do the time. When I question the contractor he tells me quit treating him like a child because he is not my son. I paid him 5 payments already $140,000.00 every time he asked for a draw as he called it. When I show him emails that cost is in the bid he will say oh I misspoke myself so it is going to cost you additional $2600.00 plus my 10% fee and my $75.00 to change it. I wanted running water thru the house meaning laundry room, basement bathroom, basement kitchen, 2 outdoor faucets, and our master oh I mean mini bathroom and jet tub in our master bedroom but since I didn't remember to tell him EVERY TIME I changed the size of the bedrooms, office BUT never ever changed that I still wanted running water in salon room, a jet tub, laundry room, basement kitchen, and basement bathroom you don't get any water but just in 1 toilet, 1 sink, 1 shower ONLY because that is code. I wanted 2 consumers meter from day one. OH I forgot to charge you for 2, I only charged you for one so that cost is something like $3600.00 more plus my fee 10% plus my fee $75.00 to change it. my sump pump to ditch is not underground at the beginning then it goes underground but it is not straight at all extremely noticeable everyone laughs about it but it is not funny at all. now this week he wants me to sign off on the leaking stuff and all the stuff he has not completed BUT he wants the original price on contract or his is putting a lien on house. CAN MY CONTRACTOR DO THAT?????? I know I still owe him something but not the original price of contract and I want my addition finish. I want to move in and enjoy the new space even though it is a nightmare on elms street for say and it was suppose to be a life time dream house for me and my family. I designed my house for my golden years and was trying to get it all set up for after I died for my kids to enjoy or for my kids to rent out as apartment A and apartment B for extra income because kids are a life time commitment. From the fire doors, to the 2 propane tanks, to the 2 consumers meters, to the 2 entry doors on both places, to the laundry, kitchen, bathrooms, to the gate, to the new driveway, to its own heat water heater, to its own furnace, to its own air conditioner and to its own sump pump and so on. So I did put a lot of thought into this before I hired this construction inc company but found out later he was only a general contractor. his 3 trucks and business cards all says their name with construction inc company. this is just a little bit that is going on with my addition and still not finish like I said but he want paid or put a lien on my house. AND THE WORST PART OF ALL THIS my propane regulator-- the thing that is usually on the outside of house then a line going to the propane tank itself is STILL IN MY NEW ADDITION BASEMENT NOT on the outside of my house-----that is dangerous!!!!!! Please help save my new addition/existing house or tell me what to do or talk to whom
MichiganA mechanics lien was filed on a commercial property, now the property owner is requesting a copy of the contract agreement between our company (Architectural & Civil Engineering Firm) and the General Contractor (our client). Legally what documentation are we required to provide the property owner without getting into trouble contractually with our client who is the General Contractor?
NevadaOwner refuses to sign, Date, approve and pay for add-ons, change orders and owner upgrades or sign, reject and I remove what’s been done according to his verbal or email requests at we install something different. If items are not approved they are to be removed at my expense. He keeps adding work verbally saying end of July we’ll approve then end of job we’ll approve and pay. It’s close to a quarter of a million I’m carrying. Owner is an Attorney and now saying CFA. Essentially putting the cart in front of the horse. He sent me a text saying my invoices are bullshit and with I go away or he’ll sue me for CFA. My contract reads that the add-ons need to be paid when invoices. He said he’s not paying anything. I trusted this man because he’s in an honorable profession. Hes completely exploited my Honorably Discharged Navy Veteran Instilled Core Value opinion of Honor. I took this man at his word and he’s out to “F” me. Essentially putting the cart in front of the horse. My contract is very clear as to how anything outside the scope of work is to be handled. I kept going based on his word and because of honor considering he’s a man of his word as I am since he’s an Attorney.
New JerseyOne of our subs was waiting to be paid for work they did for us on a large reno project. While we were in the process of making financing arrangements to pay them, they filed a lien with the bldg owner. The owner went ahead and paid them directly using funds that were owed to us from a separately executed contract (at the same location, but not the original contract that the sub performed work on). The owner is now asking us to endorse and return a joint check (issued to us and the owner) and lien waiver for the amount that was paid to the sub. Keep in mind, we were given no notices that any of this was happening and we made no agreements to any of it. We had every intention of paying our sub. But we had no formal contract with them stating payment terms and we just needed a little more time (not an excuse, just reality). Getting past the right or wrong thing to do argument, what would be in our best interest from a legal standpoint? Sign and return the documents, don't sign and sue (six figures, and we really need the money), or file a lien of our own?
MinnesotaWhy can't I file my Lein as a family laborer or beneficiary I do far better work than a contractor could ever!!
CaliforniaI’m a sub wanting to sue a GC for breach of contract
GeorgiaThe contractor seems to be marking up the trades prices (no back up document) and charging additional 22% for their overhead & profit and insurance (which we never even saw their ins).
Originally, they provide a price for core and shell to build our house, which seems cheaper than the other contractors.
Then I asked for all the excluded pricing for the work and finishes, which they provide a ball park, saying it depends on our finish selections. And they said they would work with us and recommend us contacting the millworks and other finishes direct, as well as outlet places for better pricing.
Now that we are finish with the roughs and ready to start the finishes, they came back and said they gave us national standard prices.
What is the California O&P and what can I do?
CaliforniaInsurance company issued a check in the amount of 25,000 for a new roof damaged in storm,co.pany that was.hired to put on the roof has stopped work, many excuses, and cashed the check without my mortgage company's signature, the company was not made aware of the check. Presently wondering what to do. I reside in the Tampa bay area, 69 year old.disabled veteran help.
FloridaI provided installation services to an IL dealer on a project done in MN with an invoice date of 4/12/18. Turns out the dealer has been paid for 90% (Materials, freight, installation). The end user (State of MN Historical Society) is withholding the 10% which I think is what the dealer was going to use to pay me for my installation services. After talking to the Director of the museum (since I cannot get ahold of the dealer) I have learned they are going back and forth about a small amount of accessories not included on the order (about 2500.00). I believe the end user is correct in withholding payment due to the fact that the missing accessories are specifically included in the proposal that they signed off on. I do not want to file a lien against them (MN), but rather the IL dealer who is in breech of contract with the customer and whom
I contracted with to provide the installation.
MinnesotaAs stated in the question, we have a sub who was paid in full and he submitted his signed unconditional with a zero balance and then 3 days after that, he sent a bill for $30,000. There was no "contract", it was a time and material sub. We requested all subs and vendors to submit final bill and change orders. Then we paid all the submissions and requested signed, zero balance unconditional's after the checks cleared, in order for us to submit our package of unconditional's to the client landlord in order for us to get paid. We felt bad for him as he has been a long time sub and recently had a stroke so we paid half to him out of our own profit as the landlord was not going to give a dime towards this bill and stated he had a signed unconditional zero balance from this sub. Now this sub wants to sue us for the remaining $15,000. The last 4 projects he has worked on all had major issues that has cost us thousands to fix and feel if anyone should be sued it should be this sub. What does the law state?
Californiaphase 1
down payment= $1,000.00
phase 1 =$1,000.00
total paid $2,000.00
phase 2 =$1,750.00
not paid, but completed
total cost $3,750.00
CaliforniaFriend recommended a painter to us. We never received any written quote or contract. He did the painting for $20/hr. Our friend who is NOT a contractor was the middle person between us and this painter. He did such a poor job of painting that I now have to get another painter in to repaint the entire unit. He got paint on ceilings that did not require painting, but now clearly need to be repainted. All Door moldings that should have been taped, were not, and now all the moldings need to be painted etc. etc. We paid for all supplies and paint. We are refusing to pay for the labor as we now have to have the whole place painted again. Work started on July 2nd, date of completion was July 18, with some days between that he didn't work. I am refusing to pay him based on the fact that his work has to be completely re-done. We have no written contract or agreement, or even a written estimate of how much the job would cost. He is now threatening to sue us, put a lien on our condo etc. etc. etc. He never filed a "Notice to Owner". Can he still file for a mechanics lien? If so, what are my options? I have photos of his work, as well as numerous estimates from painting companies for fixing everything he did. It will now cost me more than it should have because all the ceilings now need to be painted, whereas they did not before.
FloridaThe general contractor say they do not owe the subcontractor no more money
South CarolinaI filed a 20 day notice on july 13 ...as june 25 was the last day we "worked" out there on the property. But we are a glass co. and we order material then it takes months to get, then we go install it. The Homeowner complained so we went back out there (june 25) and then he thought if he just complains enough he doesnt have to pay and now he wants all new upgrades on siding which we are not even a contractor for. Please talk to my boss Gale at 805-471-7407 for more details. Do we file a lien, can we? or just sue him in small claims?
California