Substantial Completion Questions

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Substantial Completion
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I have a roofing project that i am working on in Oregon which has a roofing consultant acting as the owners architect. We have completed the work but the consultant has rejected some of the installed work. We are attempting to negotiate with the consultant / owner, but it has been 63 days since we were on the job and a lien must be filed at 75 days, and there has been NO Notice of Completion filed on this project. My question is regarding the word "completion". Does completion mean "substantial completion"? Does it mean when we tell the customer the job is finished and send final billing? Is the date of "completion" extended if there is a punch list and work is performed after "substantial completion" of the job? If the punch list is in dispute, and or the owner or owner's architect / consultant has rejected the work and is asking for additional work, is the project considered "completed" even if the punch list work is not yet completed? In the above scenario, is owner's acceptance required for "completion" to be achieved? Would your answers to the above questions be valid for a project with the same conditions but located in California? thanks for your help? ...Read More
Anonymous General Contractor
1 answerAdd commentJan 25, 2021
OregonDesign ProfessionalLien DeadlinesMechanics LienRight to LienSubstantial Completion
I am a subcontractor in the state of Texas, hired by a general contractor, to complete a flooring installation for a commercial business funded by the state. For the sake of the following argument, please take my words at face value. The situation: the owners/GC are exceptionally difficult to please, beyond reason, and created weeks (months even) of delays due to their indecision and lack of communication. We had (FINALLY) reached an approximately 90-95% completion mark, and we were at the "fixing defects and completing punch list items" stage when everything all went to hell. We offered a few different solutions to the alleged defects and vague punch list requirements ("I don't like it over here, I don't like that section over there, this piece of flooring has too much variation, that piece doesn't have enough variation, etc.). The GC said, in an email, "to standby for a decision." We received no opportunity or clearance to proceed with the job, only several emails putting us on standby and/or delaying any sort of completion, followed by over a month of silence and crickets. During this timeframe, the GC hired another subcontractor to "fix" our work. (We know this because other friendly subcontractors, also working in the building, told us as much off the record and sent pictures of the altered floor.) In short, the other subcontractor messed it up really, really bad and to the point the floor looks absolutely nothing like we left it. In fact, the majority of our installed flooring was removed or damaged. Honestly, even if we were to fix it, it would basically have to start from scratch, materials and everything, but I digress. SIX WEEKS WITH NO RESPONSE LATER - The GC sends us a 48-hour Cure Notice, basically stating that we are in default for not completing the work, not holding up our end of the contract, we might be responsible for costs and other subcontractor fees and legal fees and all that jazz. We responded to the Cure Notice the same business day we received it, addressed the claims therein, and again offered a variety of solutions/actions. Crickets again, no communication whatsoever. Now, over a week after THAT email and our response, the GC leaves a voicemail about trying to reach an amicable solution and how he hopes we'll be honorable people considering how we've held up his project so long. Mind you, this is the first time anyone on that side of the project has responded cooperatively to our attempts at communication. The GC/Owners have caused inexcusable delays, even perhaps deliberate lack of communication, with a side of shadiness by hiring another company to redo the floor while we still have an active contract. (For the record, we've been paid just about everything except retainage, and our proposed solutions and implied completion would have taken, at most, two more business days once approved.) What actions are open to us? What state law allows us, in the absence of any other definitions or agreements, to quit and close the contract if something doesn't give? Secondly, the contract states that the subcontractor (me/my company) is not obligated to warranty the manufacturing of another entity, but it doesn't discuss what or when our "product" is no longer "ours." As I mentioned, the floor has been altered/destroyed beyond our recognition and, officially, without our knowledge or consent if that matters. What law designates when a product stops becoming OUR product and is no longer our legal or financial responsibility? How does a subcontractor fight back in these instances when they're being unreasonably pushed and pulled around and threatened? What law or statute or anything can I reference, beyond my own documentation supporting my claims, when our latest attempt at communication/completion goes sour again, as I'm sure they will?...Read More
Anonymous Contractor
1 answerAdd commentJan 15, 2021
TexasChange OrdersConstruction ContractDefectsLegal Property DescriptionRecovery OptionsSubstantial Completion
i started a project putting in some parking lot lights. I am an electrical contractor. i casually asked the manager and person that hired me when i was going to get paid after finishing the project. he said 30 days to which i said i am used to getting paid immediately at completion of the project. how can i make sure they pay me quickly? Can i tell them they need to pay me right now for materials delivered to the job? can i hold the job hostage until they pay?...Read More
TREVOR SMITH
1 answerAdd commentJan 9, 2021
CaliforniaSubstantial Completion
I supplied and installed materials on a commercial project. The GC withheld major portions of monthly payments or didn't pay at all. I was unable to pay my workers and vendors. Then the GC excessively back charged my contract for work I could or would not perform due to an unachievable expidited schedule due to the GC poor coordination and management. The GC demanded that I put a large unsatiable work force to meet the expidited schedule with the promise of payment then didn't pay. The GC said that the owner was slow in payment. How do I fight the excessive back charges and collect monies due to my workers, vendors and collect for outstanding extras and change orders?...Read More
Anonymous Subcontractor
2 answersAdd commentJan 2, 2021
New YorkBack ChargesChange OrdersJoint ChecksPay When PaidRetainageSubstantial Completion
A dispute arose with a client during the process of installing a concrete patio. On the final day, progress was delayed by the client after the concrete had been poured and finished. The homeowner claimed defects and refused the final stage of detailing, cutting control joints, and cleanup. The next day the homeowner formally notified us via email claiming defects, refusal to pay the balance, and a threat we are in breach of the contract. This started the Right to Cure process. We performed an inspection and presented an offer to remedy which the claimant refused. Instead, the homeowner suggested the best thing to do is part ways and provide them a Lien Waiver. We agreed to the lien waiver under the condition that all parties sign a mutual release of all claims. We drafted the release and sent it to the homeowner for review. The release included standard paragraphs like covenant not to sue, confidentiality, etc. The client refused to sign the release with a confidentiality clause and indicated they would consider it if they were made whole and given back the project deposit. Multiple attempts were made by us to equalize the mutual release language suggesting to the homeowner please propose language they are comfortable with so a middle ground compromise can be reached. No response. During our attempts to compromise, we were getting close to the end of our lien rights window. Without a signed mutual release, and to not lose our lien rights, we served the homeowner with a notice of intent to lien. This expectingly did not go over well. The homeowner sent a loaded email filled with insults about the work performance, our business and employees' reputation, and that we are trying to silence them with a confidentiality clause. The client also stated we did not complete the job so do not have lien rights and if we file a lien they have no choice but to sue for slander of title. We anticipated the slander response being that it’s the common threat with lien filings. We believe we have lien rights. Our contract is very thorough defining what Substantial Completion is. The concrete project was completed enough that it can be utilized for its intended use. The homeowner delayed progress at the final stage, but the concrete can be used and is not a hazard. Overall, our intention is to still part ways and take the project's monetary loss. But the homeowner has been unpredictable so a mutual release of all claims is important. Are we at a true impasse? They’ll potentially sue us for slander of title if a lien is filed, and without a signed mutual release if they try to destroy our business reputation we are also protected by law from slander? Additionally, if our lien rights expire and they are still problematic, we could pursue breach of contract? Any input you have is appreciated!...Read More
Anonymous Contractor
Waiting for answerAdd commentJan 4, 2021
WisconsinConstruction ContractMechanics LienRight to LienSubstantial Completion
I worked on a new construction job in Denver CO. We finished the work a while ago, but the GC kept promising to pay. 3 weeks ago the GC said they would pay us the final amount, but now over some contract disputes, is refusing to pay us. Did I miss the deadline to file a lien because the work was finished a while ago or can I still file because the GC said they would pay us 3 weeks ago?...Read More
Anonymous Subcontractor
Waiting for answerAdd commentNov 16, 2020
ColoradoLien DeadlinesMechanics LienSubstantial Completion
I am painting a house. I was almost finished only the garage was left. Customer came to look at the house. After that she started complaining that certain things weren't done, but nothing that she had mentioned was in the estimate. Now she doesn't want to pay. I have spent over $1400 just on material and paying my helper....Read More
Anonymous Contractor
1 answerAdd commentOct 27, 2020
CaliforniaSubstantial Completion
I am a contractor. I need to hire additional labor to supplement the work of a subcontractor tor. I’d there a form of certain motive to use to put the sub on notice or language that I need to include in a motive to ...Read More
Anonymous Contractor
1 answerAdd commentSep 8, 2020
TexasConstruction ContractSubstantial Completion
My company is 98% finished with a $24000.00 project. We have some simple punch list items and tuning of the newest efficient style air conditioners to complete start up of the systems. We did receive 10,000 in the beginning to help cover the 18,400, in equipment and materials. 1. What rights and actions can my employees and subs do to collect on their compensation immediately? 2. the homeowner who is a general contractor told my crew every time i wasn't present that he would never pay any balance, would sue us at the end of the job, took his initial investment back via credit card reversal, said he had a restraining order to keep me from his project, claims that we have destroyed every shelf, cabinet, door, wall that we were near. Truth is we did drill one 2 inch through a wall that wasn't needed however Bob is the one who showed us where to drill and claimed there would be a crawl space behind the wall yet was the kitchen. his blatant false accusations show the level and deceit he is willing to spew to rip us off. Defamation? Slander? Fraud? My goal is to get my people paid asap, Id like to give Bob the system he wanted, however now he wants to pay someone else a few hundred to startup the airconditioners now that the install is a few hours from completion. Then of course Id like to receive the 14k I am owed {minus the subs/employees pay}... ...Read More
Anonymous Sub-Subcontractor
Waiting for answerAdd commentAug 28, 2020
CaliforniaMechanics LienPrompt PaymentSubstantial Completion
not yet 100% complete with project but I have not been paid for work completed and not yet paid. im about to file a mechanics lien but wondering if I should still work on project and finish??>...Read More
Anonymous Subcontractor
1 answerAdd commentAug 20, 2020
CaliforniaBack ChargesMechanics LienRight to LienSubstantial Completion
Good Morning, I have a question regarding a lien we would like to file against a customer. The document number for the preliminary is 3289136. My question is, there is material and install on the job- it’s a gym. We delivered the material back in March, but then never were able to do the install since the gym was shut down. If I put in the date we last delivered, we will probably be past our lien date. What do I put in as the date, since the job is still ongoing? We want to lien the material portion at least, since they have not paid and are unable to pay. Thank you, ...Read More
Anonymous Contractor
1 answerAdd commentJul 29, 2020
CaliforniaLien DeadlinesMechanics LienSubstantial Completion
A contractor requested 50% of total amount before he started any work. Can he do that?...Read More
Anonymous Contractor
1 answerAdd commentJul 16, 2020
GeorgiaSubstantial Completion
We supplied equipment and training and are completely done on the project, but it is on-going and will be for another year. Do we need to file a claim before the notice of completion?...Read More
Anonymous Contractor
3 answersAdd commentJul 10, 2020
CaliforniaLien DeadlinesMechanics LienNotice of CompletionStop NoticeSubstantial Completion
I am a homeowner who had a major renovation project done. The contractor never completed the bucket list. Do I have to pay him the residual amount. Much of the work was unsatisfactory...Read More
Anonymous Contractor
2 answersAdd commentJun 23, 2020
GeorgiaRetainageSubstantial Completion