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Recovery Options Questions
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I did for some work for a contractor out of Castle Rock,Co., but the job location was in Watford City, ND. He sent me home for the holidays and was supposed to have called me back when job was ready to start back, but never did. I found out that he bought in another crew to finish my work. My contracted work amount was just over $100,000 and he only paid me about 15k of that amount. Is there a way to sue to for breach of contract and collect lost wages / profit, which would have been @ $50,000.00 ?
North DakotaI am a general contractor in WA state, and I have a couple of situations with which I need guidance. #1. This I have asked about previously and has not been answered yet- I have a job, that at 95% completion the homeowners fired me and refused to pay ANY of the remaining quote (which had gone up since original bid due to change orders requested by them). Now, there were some unforeseen delays with this job; some material related , weather related, some due to the customer themselves, the deadline was not going to be met but we were in communication. The deposit I collected at contract initiation was 50%, that is all I have been paid, so at 95% complete along with added work by homeowner, certainly I am due more money. Here is where I made a big mistake, I ignorantly did not provide the customer with the proper paperwork to secure my lien rights prior to commencing work. So, I have no rights to lien, but I can still take legal action to try to collect what I am owed, or am I wrong? Also what kind of penalty am I looking at for the failure to provide the proper paperwork? #2 I collected a deposit from homeowner ($2,000) and began work at their property. It was agreed that goal for job completion was 10 days (which happened to fall on a Sunday I hadn't realized). Began work following day - Within a couple days the client agreed to order gravel as it was taking more time than expected for me to get it in myself (very small outfit I have) the delivery still put us out 1 day, I also did not go to the property that day, as there was little I could do. One day of me not personally making an appearance at their job( I was in contact via text messages) they responded by showing up to my home -- it is very clear that I do not have a brick and mortar and I do not conduct business from my home -- asking my wife where I was. I was still going to continue and see the contract through but I could not make them happy, and they fired me with days remaining before the completion date I was told not to return to the property. They want their money back, I have over 40 man hours up there on the project, plus material bought. Now, I may not be entitled any more money on this one, but a refund? I didn't agree to volunteer my time. Should I seek anything on this one, or at the least what is my plan of recourse if they pursue something against me? Please, please answer. TYIA
WashingtonSee above ....
VirginiaI have been doing freelance work for a company. I have a full-time job, and I do freelance graphic design work on the side. I signed a new contract with a design company in October, 2019 to do work on an hourly basis, as needed. In their contract, it says this for payment.
"FEE. For services to be rendered under this Agreement, Contractor shall be entitled to a fee according to the fee schedule set forth on Exhibit "A" which is attached hereto and made a part hereof. Said fee schedule may be amended from time to time by KSA&D sending notice of such amendment to Contractor at the address of Contractor set forth in Section 12 below and Contractor agrees to accept such amendment unless Contractor notifies KSA&D in writing within three (3) days after receipt of such amendment. All such amendments shall be effective immediately upon receipt unless otherwise noted by KSA&D or objected to by Contractor. Said fees shall be payable in monthly installments for services rendered in the prior month. Contractor shall submit invoices for all fees due under this Agreement."
I started work the first week of November and sent an invoice in December. I then did more work in December and sent another invoice in January. I have not received any form of payment thus far and they keep saying they will send it, but they never do. It is now February, and they have not paid me for November yet. I haven't received one cent. My outstanding invoices for them total $1575.00
What can I do? Can I charge interest? How much? If I have to go to court, will I most likely win? I kept all correspondence from them and there have been no issues mentioned, so I know that my work is fine. I followed up repeatedly to make sure they had everything from me, and to get their input. They are just screwing me around with payment.
PennsylvaniaI am a sub-contractor, we did not receive payment on completion of a project. I sent an intent to lien, recorded the lien against the home owner. I received a letter from the home owner's attorney that the lien was not valid due to being past the time frame allowed. I cancelled the lien, but would like to know what the next step to collect funds from the contractor are. Do I file a lawsuit to collect, if so, do I just hire an attorney?
OregonBay Area GC kicked off public works job and needs to get paid (retention, unpaid scope work completed, and change orders). Is there an alternative to hiring an attorney to guide/submit claim? Or do we need an attorney for this process? Public works agency keeps telling us to 'file a govt claim'. What are our recovery options short of litigation? Money is tight. No sub bond claims made yet. No claims to surety made yet. Any guidance appreciated.
CaliforniaI am a homeowner who hired a company to build a new deck with gable roof. Sent large deposit (50% of total cost). After 1 day of construction, almost nothing was built to code. I halted further work and requested a refund of deposit, minus his cost for materials and labor. He refused. How do I get a refund of unused deposit?
TennesseeWe received the above notice from a collections firm representing another company with whom our vendor apparently has defaulted on a secured agreement. The vendor address is in TX so they are following TX lien laws. We are currently also having issues with this vendor, and have paid them all we intend to pay them, so there is nothing to withhold. Do we respond to the collection company and tell them this? Should we notify the vendor and put them on notice that they have to clear this up or we will hold them liable for any costs and expenses? Do we do both? Has a lien actually been filed?
TexasWe are a general contractors that perform commercial and residential renovations. However, our client has refused to pay the final balance that is now past due for the services that we already completed for her home. We then filed a mechanics lien on the property. We are now ready to file a notice to foreclosure lien document since we still haven't received payment. However, we were just informed that a notice to lien document was required first in NC. Should we still proceed with filing the notice to forclosure lien document?
North CarolinaI filed a mechanics lien on a mobile home, for a demo project that we did not receive payment for. The attorney of the owner of the trailer park has stated we have to remove the mechanics lien because the trailer does not constitute real property... is there another option for me? What should I file?
New YorkCurrently have an open invoice send on March 2018 which has not been paid. That was our last invoice for labor. The project was completed on July and we are ready to invoice for retainage. I want to make sure we get paid for retainage plus the opened invoice. I am going to send the retainage invoice tomorrow and was wondering if I can start the lien process as well or if I have to wait.
AlaskaHi I really hope that you can send me something that I can use. I’m at lost for words here. I have ended up losing pretty much everything since December 21 is the day that I sent out the invoices to be paid. It has been almost 3 months I have received Not even half of what I am owed. They have agreed to pay me through emails they have told me my work is complete and that the money should hit my account in the following day. They had told me that they’re working on it. They have told me so many different stories. Yes I am a subcontractor. They didn’t know that whenever I started cleaning for them , I’m a 1099 and a literally I quit another job just to go work here. I know that has nothing to do with an unpaid past due payment but I’m just saying it has had a huge huge huge impact on my life as well as my relationship and my family as a whole don’t really know what else to do besides get another job, but at the same time I cannot let them get away with this. How can they get away with this? I spent hours and hours and hours and hours doing this work, and all I have her invoices verbal agreements, and dates that payments were supposed to be issued. I really really really need some answers. Please help me. Thank you so much I’m a , cleaner, empty, cleans, and Make Ready’s is what this particular invoices for like I said, I started December 21 I wrote letters of requests of road warnings I have sent out invoices through my system through their system, new name, and I have been very consistent with everything that I have done
MissouriCan I file a mechanics lien on a public school project or is my only recourse with the school district and general contractor to file a claim on the bond?
TexasI believe a person was impersonating as a licensed general contractor. When I verified the license in GA, the license belonged to a completely different individual. When I called the provided insurance carrier of the general contractor, the insurance company said the company did not have an active policy. Unsafe electrical and structural work has caused many problems but I do not know the proper legal process to follow. I believe a breach of contract seems correct however since the company has no verifiable information or entity, it actually sounds more like fraud and criminal negligence?
GeorgiaI got a rural development sr. Grant/loan. Because the rural development field person didn't send out the contract that contractor to review until right before closing & contractor didn't like the terminology, he didn't sign. Through word of mouth a different & to busy contractor told me if another contractor . That contractor claimed he was licence & even provided a false license number. My phone was glitchy when I looked him up & I only say no enforcement actions. Through the after work inspection, it was found out that he wasn't a licenced contractor & the state appears to have pulled his registered status & won't allow him to make code corrections. My questioning is, does the states statues about warranty, right to repair with 30 day inspection & 15 day offer to repair still apply?
Minnesota