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Im debating this issue with my father and I do not see how this apply to residential projects when all the language appears to be for public and commercial projects....Read More
If retainage is not withheld in the prime contract with the Owner, can the General Contractor withhold 10% retainage on the subcontractor invoices/draws?...Read More
Can a project owner (or another project participant – like the GC) use funds retained as compensation on one project for unsubstantiated workmanship issues or deficiencies on a different more than 1 year prior project with no retainage and no notifications?...Read More
In Florida, I read the private projects are not regulated for retainage practices. As such, we have only been withholding retainage on the actual labor portion. If we buy materials-not thru a sub-contract, we do not hold retainage as this is pass thru cost. Now we have a customer that is fighting us tooth & nail on everything including how retainage should be managed and held. Our contract states- Contractor's application for payment shall show the percentage of satisfactorily completed portions of the work at the end of each 4-week period, less a retainage of 10%. Is there any law or regulation supporting either side of this argument?...Read More
JOERIS does not assumer responsibility for any retainages in their Spedtrum Kiosk job management site. They have yet to approve a change order we filed for some remobilization fees, and they have mentioned filing change orders for us to fulfill for damages done by our crew. The deadline for the Notice of Claim for Unpaid Retainage is in 1 week and I need to know what plan of action to take. If I file a Notice of Claim for Unpaid Retainage will I lose my claim for the pending change order? ...Read More
Im a subcontractor. We have been on a job since April. The last progress payment we recieved was in November. The job is 99% complete. We have a few minor items to touch up, We are waiting on the materials to come in from Mexico. The owner & GC are aware. The GC has been holding payments back from completed work & completed change orders. He also decides what he wants to pay and when and how much. He pays accordingly to how he is feeling and what he thinks is fair, not what we agreed upon. Im afraid he is going to stiff us with the final payment and all the open change order invoices. What should be being doing to prepare for this?...Read More
I saw your video, "What are construction fund statutes?" Can you tell me the States in which construction subcontract retainage is under statute held in trust, and not optional? I am a surety underwriter who will underwrite bonds in lieu of retainage. Bill Faust, Euler Hermes North America Ins. Co., 215-301-0465, William.Faust@eulerhermes.com...Read More
Our previous company filed preliminary notices and retention billings for multiple contracts last year. However, as of January 2023, our company completed a name change. Do we still have legal rights regarding the preliminary notices filed under our previous company if the retention was also filed under the previous company? Please advise....Read More
I have several invoices outstanding for project management I performed for a general contractor across multiples sites, so I'm working on filing a lien for the value of the time I spent working on each project against each corresponding property. Can I file two lines on one property? One would be for project management work, the other would be for construction (handyman) labor I performed on the site under a separate invoice. When I send my NOI, can I send all of them in one envelope to the GC? Do I have to send the owners NOI to their residential address, or can I send it to their project address if it has a mailbox?...Read More
I'm managing a Design Build Public contract that allows for 5% retention. the work is set up in 2 phases, phase 1 is design with some early works/preconstruction and phase 2 is construction. I'd like to know if retainage can be withheld on the phase 1 (professional services/designer/architect) work or does retention kick in when construction starts? ...Read More
Several Contractors use on-line Billing ex. Textura Procore etc. You can not bill retainage to the GC until the Project is Complete and they open Retainage for you to Bill. What are our rights to file a lien concerning Retainage? Can we bill & file on retainage we bill outside of the on-line systems even though the GC rejects The Billing saying that the job is not Complete and Retainage is not billable? ...Read More
We have not worked for a particular contractor for 2 years, the contracted time to have retainage released (their contract that we signed), so we routinely sent a letter asking for the return of our retainage. The contractor now denies he withheld any retainage from us and has conveniently manufactured a $5,500 "advance" payment for a job that he says we owe him. We never invoice for any work that is not completed. And I find it highly interesting that this "advance payment" record has no check number on it like all his other payments to us. He is now demanding $5,500 from us after zero contact for two years. I would have noticed if we were paid an extra $5,500 unattached to an invoice. It always took an act of God just to get a check from him for jobs we HAD completed....Read More
I work for myself. I was hired by my buddies boss to rebuild a motor in a 300 Chrysler. This motor was already taken apart and left on the ground. I'm the 2nd person to pick up after the 1st guy left. We were both unsure if it would start after o rebuilt it from this state. After 2 months of rebuilding this motor, it would not start. He called me last week and said he was taking it to a dealership. He owes for my labor over these 2 months. Do I lean his home or the vehicle. His intentions were/are to sell it after it starts. If it ever does. ...Read More
I did a house in Vero Beach Fl and the homeowner did not pay me so I put a lien on her house after she didn't pay. I tried to work with her and help her out with her living needs which she also signed a contract as a caretaker. She still didn't pay me so I sent a lien on her house for non payment of everything. I was contacted by her lawyer a few days ago and he sent me a letter to withdraw the lien. I haven't been compensated at all the lien been in place since December. The total for the painting job was $27000. I added the caretaker lien for $5000. Bringing her total to $32000. They are trying to sell the house for $1.4 million. Her attorney said I cannot place a lien for caretaker needs. Should I create a edited lien or go ahead and sign the release of lien....Read More