Retainage Legal Questions

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Retainage
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We are a plumbing sub, waiting for our final retention payment from the GC. The GC states the owner is withholding the final payment until they have received our unconditional final waiver. I have already given them an unconditional progress waiver for our previous invoice, a conditional final waiver for our retention owed and uncond. finals from our suppliers... I can't provide an unconditional final waiver if I haven't received our final payment, right?...Read More
CaliforniaLien ReleasesRetainage
We are a subcontractor on a project - we've completed our end however the prime contractor is refusing to pay of the remaining retainage, what are our options? Should we file a lien on this? Can we file a lien?...Read More
TexasRetainage
how do i collect on retainage?...Read More
TexasRetainage
I am a Sub Contractor working for a company that is NOT the GC. ( so I would assume they are sub contractors aswell). I did not file a notice to owner when starting this project in Mississippi back in June 2020. I have a feeling do to payments dragging the company I am providing labor for only is not going to pay me for work completed( we are at number 95% right now). Can I still sent a notice to owner ( I only know the GC on this project not sure how to find out the owner)? I also have change order which I still need to submit after completing that beginning of Sept 2020. And last I am still owed retainer which normally only gets released 45- 90 days after completing my scope of work which will be done by End Sept 2020 First week Oct 2020. As a note. This construction we are doing is a extention of a existing property. ...Read More
MississippiChange OrdersMechanics LienNotice of Intent to LienRetainageRight to Lien
Is the owner or the contractor responsible to absorb the increased cost of lumber, since the price of lumber have skyrocketed because of the pandemic? The project started before the increase in the pricing. The project is in Louisiana...Read More
LouisianaConstruction ContractLien WaiversMechanics LienPay ApplicationsPreliminary NoticeRetainage
I am a prime contractor and have completed 85% of my obligations according to the contractual agreement I signed. Now my client refuses to release funds I was supposed to receive one month ago. I need this money to complete the remaining 15% of project I am still obliged to complete. He claims that I've taken longer than agreed, but that is incorrect and I am still within permitted time according to our contract. I've paid labor and materials for 25 days prior to this and am being hindered in my ability to complete my obligations by his actions. What would be advisable for me to do in this situation? Thank you for your valued advise....Read More
CaliforniaConstruction ContractMechanics LienPay ApplicationsRetainage
I am a prime contractor and have completed 85% of my obligations according to the contractual agreement I signed. I have all of my insurances and Bond in order so their funds aren't at risk of being squandered or disappearing. Now my client refuses to release funds I was supposed to receive one month ago. I need this money to complete the remaining 15% of project I am still obliged to complete. He claims that I've taken longer than agreed, but that is incorrect and I am still within permitted time according to our contract. I've paid labor and materials for 25 days prior to this and am being hindered in my ability to complete my obligations by his actions. What would be advisable for me to do in this situation? Thank you for your valued advise....Read More
CaliforniaConstruction ContractMechanics LienPay ApplicationsRetainage
I am a subcontractor who worked on a 64 unit apartment building. Our bid cost did not include some work that was listed on the architectural drawings (it was inadvertently omitted). During the job, the GC realized that the work was not included in our bid, so we submitted the change orders and we were paid. The job is now over, the owner filed a Notice of Completion, and the GC is now stating that we were not entitled to the money because this work was included on the drawings and according to the contract, we should have included the work on our bid because it was on the drawings. We have filed a Mechanics Lien....Read More
CaliforniaChange OrdersLien DeadlinesMechanics LienRetainage
We just changed accounting systems, and prior we held retainage on sales tax as it was a line item within our financial schedule. In the software change, the sales tax is more integrated and calculates the correct amounts, etc. The new system is NOT set to withhold retention on sales tax. We submitted an invoice to a GC and they are responding and requiring that retention be held on the sales tax. The project is in PA. Any thoughts? Sales Tax is a pass through cost, so the GC withholding retainage on it, means that as the subcontractor, we are funding a % of their sales tax burden until the end of the job. Which, is frustrating! ...Read More
PennsylvaniaRetainage
Hello, I sent a mechanic lien notice to a customer who won't pay for a finished project. He in turn has hired an attorney and we have received a notice of claim with a lot of false accusations. ...Read More
TexasRetainage
As a subcontractor on a private commercial job, retainage was billed on 5/31/20 (last date of work). What is the lien filing requirement? This is the only amount due at this time....Read More
TexasRetainage
Hello, I sent a mechanic lien notice to a customer who won't pay for a finished project. He in turn has hired an attorney and we have received a notice of claim with a lot of false accusations. ...Read More
TexasRetainage
Hello, I sent a mechanic lien notice to a customer who won't pay for a finished project. He in turn has hired an attorney and we have received a notice of claim with a lot of false accusations. ...Read More
TexasRetainage
Many times we are one of the first contractors on site. We typically finish our work within a few months. These projects that we are working on take sometimes 2-3 years before they are complete. Per Colorado law we have to file a lien within 120 days of the last day we are on site, thus we typically send an email stating our intentions to start the lien process at 90 days, file a notice of intent at day 100 and file the lien around day 110 if we still have not received payment - for all payments, not including retention. The problem is that the GC's/Owners are pushing back and telling us the owner has not released retention thus they cannot release retention. So for a project that is 2 years long and we are done with our scope within the first 6 months, by the time the project gets to the end, and the owner starts releasing retainage, we are well past the 120 day mark and seemingly don't have leverage because a lien would be null. The best we have seen done up to this point is to have our retention held reduced by half....Read More
ColoradoRetainage