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Stop Notice Questions
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Stop Notice
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We’ll finished up Curson project and got paid in full, but I don’t know how to preliminaries notice release, some one can help me out with this pls.
CaliforniaClient is unhappy with their GC’s pace of work, the GC is still performing, but behind schedule . They want me to take over the job, but the GC has yet to be terminated. What kind of legal risks am I facing from the client AND the GC in this situation?
CaliforniaWorking a project the contract is around 280 thousand. they have only paid 6 thousand on the contract. I have sent lien notices. Am I able to issue a stop work order for my trade till I get paid. Job is about 90% complete
OhioWe are a Time & Material (Cost plus benefits) subcontractor for a public job in California and have signed a contract with the general contractor. We were unaware of the 20-Day California Preliminary Notice and didn't send a notice to the owner at the start of the job. The project is finished and has passed all the tests given by the inspectors. The General Contractor has gotten paid the full amount on our contract and has yet to pay us since January of this year. Can I still send a stop notice even if we haven't sent a 20-day Preliminary Notice to the owner?
CaliforniaHi there –
We took on a project for a hotel that was seemingly in a tight spot after an interior design firm was under-delivering on the brief. The project was remodeling and improving amenities at a hotel affected by the California wildfires. We entered the project at the point they had general plans approved, but were lacking any real specific definition within each space. So our role was part interior design and part interior architecture.
We agreed on a budget via email. We built a contract based on a clear brief from their General Manager. The only other person involved is the owner, who is part of an investment firm. When we shared the contract, they reviewed and generally said looks good (and agreed via email on budget etc). He said he would share with a lawyer friend of his though after they were "burned on their last contract". He later let us know that it was going to take some time, and that we were good to start on the project in the meantime if we were comfortable to. We have done this a lot in the past. Not ideal, but we tend to act with trust, especially knowing how much they needed our help.
Because they were on a VERY tight timeline, we got to work quickly and within 4-5 weeks had performed a significant portion of the work, and help various design reviews with them. Everything from a new ADA compliant room design, to the overall look and feel of all rooms, to the new lobby design and an all-new lobby bar with outdoor seating area. They "loved" everything we shared – things seemed to be going great. We also consulted on a variety of other things, such as a potential new shop, and some exterior elements.
So, week after week both us and the general manager kept asking the owner for the contract. After all of the above work, he responded with suggested amends from his lawyer. The amends were not anything anyone would reasonably agree to. Placed an extraordinary amount of liability on our shoulders (beyond the responsibilities of an interior design team), demanded various increases in scope that were clearly not part of the initial brief or verbal agreement, and changed payment terms to much smaller increments and with timing that meant we would only really be paid the bulk of the work at the end. In reality, the bulk of the work was very much up front. We provided a very reasonable response, hoping perhaps he didn't understand what his lawyer had suggested. Unfortunately, we think his lawyer was an excuse for his own lack of trust etc. We got a very bad attitude when we tried to discuss. He failed to really respond to anything and basically said it is what it is. After thinking about it, we decided to let them know we are no longer in the position to complete the project, but would appreciate payment for our work to date. They had issued roughly half of the amount of our work done to date. Meaning they owed the other half of that. I broke it down for them, even discounted some of our efforts that went beyond expectation (because we're nice).
We didn't hear back from them at all. We followed up after that, and still no word. It has now been 2 months since that time and we don't think they intend to pay. They are definitely in construction because they started demolition and other prep while we were actively designing, and are on a tight schedule.
We would like to send a notice of intent to lien. We are unclear if this would be best as a design professional lien or mechanics lien? And if there are any other considerations here because they never effectively signed the contract? (But did clearly agree to things via email before we kicked off.)
Thank you for your help, much appreciated.
CaliforniaWe have a subcontractor that finished their work months ago on a public works job, however, the full job is not complete yet. We have not received any retention at all, so we are still holding all subcontractors retention. We have retention in our subcontract that they signed. They sent a stop notice to the owner, and surety so it's causing issues now. Can they do this?
Californiai did a construction project for a homeowner in Pipestone MN. this job was thru a referal from another of my customers. this job had a cost to the owner of approximately $14,000. They paid the first portion, but when the second portion and final payment were due she stopped payment on the check , then proceeded to drag me thru the courts and even had judge judy contact me. due to all of her antics the 120 day limit has long passed to file a mechanics lein on this womans property. the courts found in my favor with the case she tried to bring against me. I am still owed APPROX $8,000.00 On this project for labor and materials, and would like to tack on a 10% monthly fee for nonpayment and also the cost of going to court. for a total of about $20,000. what avenue can i take to get paid for my services from this woman. I have all contracts and rulings from the courts on hand. please help
MinnesotaWe have an open stop notice on a public works job as a subcontractor. We received a partial payment from the prime contractor, and have been requested to file a "reduction of stop notice" with the State. Are we obligated to reduce the stop notice and what is the process to do so? The remaining amount is overdue by 180 days.
CaliforniaI am a Prime Contractor on a project. Our sub filed a stop notice. We have paid them in full. the did a partials release of stop claiming that they have to be paid for the late fee. By law can they hold up the full release of the stop payment for late fees?
CaliforniaI am a subcontractor who filed a Stop Notice for $10,000+ and now we have agreed to $8,500+
Do I have to release original Stop Notice and file new Stop Notice and Bond for revised figure?
CaliforniaWe terminated contract with GC's rep that is using GC license, due to terrible workmanship & found out that he has not paid subs for work. Initially this person said his partner, Judson Bentley held the GC license, well that is BS and he just uses the GC license. This person now has 90% of money-at least 50%of job left to complete. He is non-licensed contractor in general who voluntarily closed his corporation with the State of Florida during the job, he still cashed checks from us. He obviously did not pay taxes on this money. When we found this out, he signed a personal responsibility note for us, we then wrote checks to him personally since we were not comfortable writing checks to a Name that did not exist any longer. We asked every time we wrote a check, did you get a corporate name yet? Not yet, blamed the State for the delay. He forged my spouse's name on Permit Docs with the City, he demanded $ from us weekly to keep the job going and we have saved voice mails of proof, on May 12th, he left the job due to questions from us, the homeowners, about the workmanship when we had called the product manufacturer for input of what he used on floors, they arrived May 12th, tested, determined not used properly by non-licensed person and that the tile in the bathrooms needed removed as well. Instead of using subs, he did the floating of the floors and the tile in the showers, when we questioned the work, he said he has done tile and flooring for 30+years. He blamed the flooring product, blamed the tile we picked for the tile shotty job. We need to now jack hammer the second time, the crap he used improperly on the floors, tear out the showers due to the way he did the tile job & need to find a new GC to finish job. We since found out that he did not pay the subcontractors such as drywall, electrician, cabinet guy. We have contacted 3 of them to offer the opportunity to finish the job, offering to pay them for non-payment from this jack- - -, they have been contacted by him and now not responding to us. He did Not have Workman's Comp on workers he had on job, the General Liability Insurance is in the GC's name that he uses, and the insurance company is not giving me any info to verify the Dec page provided to the Condo Association. This guy will not release our Doors, Hardware, Primer, Paint, Quartz Countertops, Baseboards, and the guy that has fabricated our cabinets for kitchen and baths has not given a price of what is due to him, + other items we paid him for. He brought in a water heater that has a warranty card from 2016, when we asked for the receipt he could not provide one. We have a Notice of Commencement, there are at this time no leins against us or our property. The City permits under the GC end June 20th I believe. He now is very anxious for us to sign a "Hold of the Permits", which I see no rush to do for his convenience. What if anything can be done with this bad situation about this guy and am I allowed to put this info online to the public with pics of the work?
FloridaI'm a CM overseeing a residential subdivision development. The trucking company hired by the grader is threatening to file a stop notice for non-payment. The trucking company did not file a preliminary lien notice. I understand that if you have lien rights you can file a stop notice. Since a preliminary lien notice was not filed, will a stop notice be legitimate?
CaliforniaWhat is the statue of limitations on a SWO. I was told it was 90 days. Then what? What if you don’t have all the forms done or whatever…does it have to be re-issued? Does it lift automatically?
GeorgiaOur client has continually delayed our progress by lack of materials onsite, provided inadequate direction, which has led to issues onsite on multiple occasions. We've continued to demobilize and remobilize at no cost to our client, this has been due to the framing (not our scope) not being completed and lack of materials.
They sited lack of communication while our DOC has been communicating with them multiple times a week. We have the documentation to back it up. They have continued to hold up monies due for work in place and we have had enough.
MichiganI have a signed contract with terms clearly stated that there's no breach of contract (on my part) if time delays are due to illness, holidays and Acts of God, however, I would now like to withdraw from an unfinished project that I am well extended on timelines due to things out of my control (illness with hospitalization, manpower over holidays). This 3 month projects has already taken 5 months and still lacks 2-3 at least. Rather than hold on to the contract to continue, can I, as the GC, dissolve the contract with the home owner with legal grounds? The foundation portion of the detached structure has just been completed with extensive excavation, plumbing, concrete. All City inspections have passed. We are at a good stopping point with balance between work and payments, in my opinion. My ultimate question here is, is does the GC have the option to dissolve a contract in Texas when the terms are being met but the contract timeline terms are just not realistic having unforseen circumstances happen after starting the project?
Texas