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Contracted a company to build a sunroom in April of this year. The project has not been completed as of November 20, 2021. I cannot get a straight answer for the owner of the company. It varies from waiting on supplies, and workforce. The answer recently has been its' sitting on a "Ship somewhere on the ocean". To make matters worse they have over $14,000.00 which is half of the cost of the project. Additionally, the building permit has expired, which will be need to refiled and paid again. I've called and emailed with no response; only once did I have the opportunity to one of the owners. It didn't help, he just kept saying six months for windows and vinyl. We are way past six months at this point. Help. What type of formal letter can I write, requesting a completion date. Where do I start....Read More
Anonymous Contractor
Waiting for answerAdd commentNov 21, 2021
South CarolinaBond ClaimsMechanics LienSubstantial Completion
We stopped working due to non-payment and the contractor hired another sub....Read More
Anonymous Subcontractor
2 answersAdd commentSep 2, 2021
PennsylvaniaConstruction ContractMechanics LienSubstantial Completion
In California once a lien is filed on a property I have 90 days "after" recording the lien to file an action. So I have read it on several legal & law sites. It is my understanding that the day has 24 hours, typically counted midnight to midnight. It is also my understanding that "after" in the English language means, after that day of the filing and thus aforementioned day is not included. Otherwise it would not, could not be 90 days. It would be only 89 days. As a fictitious example: if I register a lien at 3:55 PM at the recorder's office there's nothing thereafter I can do on that day as all government offices close at 4 PM. If hypothetically there would be a government office that operates 24/7 and I record the lien at 11:55 p.m. I would effectively have only 89 days and 5 minutes. A lien was recorded at the recorder's office on August 1, 2018 (no time stamp). An action was filed, after the fruitless settlement offers, on October 31, 2018 10:51 AM My action was filed and deemed [suspiciously] on the 91st day after a few month long fruitless attempts to settle and work out the payment issues with the client. Also, between August 1 and October 31 is at least one official government high holiday; Labor Day. Everywhere else and everything else I looked up in this state or other states it appears that government holidays do not count as well as counting begins after the filing day for obvious rational and correct reasons. So what is the jurisprudence and truth in California in all this? With kind regards, Rob ...Read More
Robert Dorner
Waiting for answerAdd commentAug 30, 2021
CaliforniaChange OrdersConstruction ContractLawsuitLien ForeclosureLien ReleasesMechanics LienSlow PaymentSubstantial Completion
We are a small structural concrete company in CA. We have completed our contracted work, although GC keeps coming up with small punch list items. Who is it that is supposed to turn in the substantial completion? Do we or does the GC? We want to be able to collect our retention and they keep stringing us along. Any suggestions...Read More
Anonymous Contractor
1 answerAdd commentJun 28, 2021
CaliforniaSubstantial Completion
I am a framing contractor working on a large home for a developer. He has continually shorted my payments and now the amounts he is holding is hurting my company. Can I stop work until he comes current with all invoices.....Read More
Anonymous Subcontractor
1 answerAdd commentMay 5, 2021
CaliforniaSubstantial Completion
Hi, I’m a GC worked on a major remodel in CA, my customer had some legal background and had a big problem with payment and had me do extra work and kinda push me to work in Pandemic. we finished the job other than touch ups and asked for the payments but he didn’t want to pay the balance and he made a claim to our insurance company first. Then, attorney from insurance company told him it’s just punch list items so it is not covered by them. After that he made a complain to CSLB license board with bunch of documents that he’s been collecting with long emails during the project. Cslb said they will open up an investigation so how should I respond to them? What’s best way to handle this type of situation? He still owes us many and makes us deal with the cslb .it would be great if you guys gives us some advice. Thanks,...Read More
Anonymous General Contractor
Waiting for answerAdd commentApr 27, 2021
CaliforniaLicensesSubstantial Completion
Hello, on average if a commercial space is vacant and a GC supplies an estimated 50-day to completion; would the 50 days include weekends also? Thank you ...Read More
Anonymous Contractor
1 answerAdd commentApr 23, 2021
TexasSubstantial Completion
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 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
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