-
FORUM
- Forum Home
- Today's Posts
-
- General Discussion
- Introductions
-
- Business Discussion
- Business
- Marketing & Sales
- Technology
-
BLOGS
- Recent Blog Entries
-
Green Framing Presentation - Updated
by Tim Garrison PE -
Analysis of New Contractors Insurance Program in CA
by TarahGruber
-
PROJECTS
-
REVIEWS
- Recent Reviews
-
Greenlee Glo-Stix...
-
DeWalt Self-Level...
- COMMUNITY
- WHAT'S NEW
| View Poll Results: Have you done the following work: | |||
| Worked in a contract let by an Engineering firm. |
   
|
3 | 60.00% |
| Bid on a project requiring a Bid Bond. |
  
|
3 | 60.00% |
| Worked on a project requiring a Performance Bond. |
  
|
3 | 60.00% |
| Bid and Worked on Government funded projects. |
  
|
4 | 80.00% |
| Multiple Choice Poll. Voters: 5. You may not vote on this poll | |||
Owner Withholding Payment
|
|
|
Thread Tools | Search this Thread | Display Modes |
05-15-2009, 02:20 PM
|
#1 |
|
Pro
Trade: underground construction
Join Date: Jul 2007
Posts: 171
|
Owner Withholding Payment
I am working on a project with state and federal funding for a municipality. a town resident has claimed our company caused structural damage to his home for an amount of $3800. i just received a letter from the city that they will be holding that amount out of our final payment.
is this correct? can they do this?
__________________
whatley posse rshackfleford |
|
|
Warning: The topics covered on this site include activities in which there exists the potential for serious injury
or death. ContractorTalk.com DOES NOT guarantee the accuracy or completeness of any information contained on this site. Always use proper safety precaution and reference reliable outside sources before attempting any construction or remodeling task!
|
05-15-2009, 02:27 PM
|
#2 |
|
And I do electrical, too!
Trade: DEFENDER OF FREEDOM! ADVOCATE OF LIBERTY!
Join Date: Jan 2009
Location: Iowa
Posts: 5,409
|
Re: Owner Withholding Payment
Sounds like you need to call your lawyer instead of posting on the internet.
__________________
Site : the area or exact plot of ground on which anything is, has been, or is to be located. Sight : The power or faculty of seeing; perception of objects by use of the eyes; vision. Cite : To mention in support, proof, or confirmation; refer to as an example. |
|
|
|
05-15-2009, 02:28 PM
|
#3 | |
|
Lack Of All Trades
Trade: Professional handyman services
Join Date: Apr 2009
Location: Southeast Michigan
Posts: 1,230
|
Re: Owner Withholding PaymentQuote:
|
|
|
|
|
|
05-15-2009, 02:40 PM
|
#4 |
|
Pro
Trade: underground construction
Join Date: Jul 2007
Posts: 171
|
Re: Owner Withholding Payment
it is a standard EJCDC contract.
__________________
whatley posse rshackfleford |
|
|
|
|
05-15-2009, 04:03 PM
|
#5 |
|
Pro
Trade: Painting & Remodeling
Join Date: Aug 2006
Location: Rochester, NY
Posts: 468
|
Re: Owner Withholding Payment
So what happened to his property?
|
|
|
|
|
05-15-2009, 04:16 PM
|
#6 | |
|
And I do electrical, too!
Trade: DEFENDER OF FREEDOM! ADVOCATE OF LIBERTY!
Join Date: Jan 2009
Location: Iowa
Posts: 5,409
|
Re: Owner Withholding PaymentQuote:
__________________
Site : the area or exact plot of ground on which anything is, has been, or is to be located. Sight : The power or faculty of seeing; perception of objects by use of the eyes; vision. Cite : To mention in support, proof, or confirmation; refer to as an example. |
|
|
|
|
|
05-15-2009, 04:19 PM
|
#7 |
|
Pro
Trade: underground construction
Join Date: Jul 2007
Posts: 171
|
Re: Owner Withholding Payment
since make the original post i have contact my insurance agent he has asked me to create a claim for the damage. i have don so.
the homeowner is alleging that our volvo ec 330 caused cracks in his drywall.
__________________
whatley posse rshackfleford |
|
|
|
|
05-15-2009, 04:32 PM
|
#8 | |
|
And I do electrical, too!
Trade: DEFENDER OF FREEDOM! ADVOCATE OF LIBERTY!
Join Date: Jan 2009
Location: Iowa
Posts: 5,409
|
Re: Owner Withholding PaymentQuote:
__________________
Site : the area or exact plot of ground on which anything is, has been, or is to be located. Sight : The power or faculty of seeing; perception of objects by use of the eyes; vision. Cite : To mention in support, proof, or confirmation; refer to as an example. |
|
|
|
|
|
05-15-2009, 04:35 PM
|
#9 |
|
Pro
Trade: underground construction
Join Date: Jul 2007
Posts: 171
|
Re: Owner Withholding Payment
i am going to let the insurance company determine if the money is due. that's why we pay them the big bucks i guess.
but the real question is if the owner can withhold that payment.
__________________
whatley posse rshackfleford |
|
|
|
|
05-15-2009, 04:53 PM
|
#10 |
|
Pro
Trade: Framing
Join Date: Jan 2009
Location: Utica,NY
Posts: 2,064
|
Re: Owner Withholding Payment
What does the contract say?
|
|
|
|
|
05-15-2009, 05:57 PM
|
#11 |
|
Pro
Trade: underground construction
Join Date: Jul 2007
Posts: 171
|
Re: Owner Withholding Payment
it is a standard EJCDC contract.
__________________
whatley posse rshackfleford |
|
|
|
|
05-15-2009, 06:08 PM
|
#12 |
|
solar guy
Trade: solar contracting
Join Date: Feb 2009
Location: Annapolis Md
Posts: 1,883
|
Re: Owner Withholding Payment
This may sound like it's coming from Forest Gump But please elucidate on the ejcdc part of the equation.
|
|
|
|
|
05-15-2009, 06:13 PM
|
#13 |
|
Pro
Trade: underground construction
Join Date: Jul 2007
Posts: 171
|
Re: Owner Withholding Payment
it is a set of documents accompanying every state and federally funded project i have ever worked on it. it is called the "standard general conditions of the construction contract: funding agency edition." it prepared by "Engineers Joint Contract Documents Committee" and published by American council of engineering companies, national society of professional engineers, and American society of civil engineers. it is specifically the EJCDC C-710 document set.
__________________
whatley posse rshackfleford |
|
|
|
|
05-15-2009, 06:13 PM
|
#14 |
|
Pro
Trade: underground construction
Join Date: Jul 2007
Posts: 171
|
Re: Owner Withholding Payment
Oh, and it has been endorsed and approved by the AGC.
__________________
whatley posse rshackfleford |
|
|
|
|
05-15-2009, 11:14 PM
|
#15 | |
|
Pro
Trade: Low Voltage
Join Date: Oct 2006
Location: Burlington, Ontario
Posts: 1,330
|
Re: Owner Withholding PaymentQuote:
|
|
|
|
|
|
05-15-2009, 11:21 PM
|
#16 | |
|
LRG WoodCrafting
Trade: Master Sawdust Producer
Join Date: May 2005
Location: Windsor Locks, Connecticut
Posts: 13,223
|
Re: Owner Withholding Payment
If you driving on his property caused his drywall to crack he has a lot more issues than the drywall. Weak foundation, unstable framing to name a few.
__________________
Sawdust Follows Me Everywhere Quote:
Custom Cabinets in Hartford County Connecticut |
|
|
|
|
|
05-16-2009, 09:25 AM
|
#17 |
|
Pro
Trade: underground construction
Join Date: Jul 2007
Posts: 171
|
Re: Owner Withholding Payment
the operator was breaking through six inches of frost and shook the whole block.
what and how it happened is not the issue. the question is if the owner can withhold payment for this?
__________________
whatley posse rshackfleford |
|
|
|
|
05-16-2009, 09:31 AM
|
#18 |
|
solar guy
Trade: solar contracting
Join Date: Feb 2009
Location: Annapolis Md
Posts: 1,883
|
Re: Owner Withholding Payment
Who were you working for the town or the owner?
|
|
|
|
|
05-16-2009, 09:32 AM
|
#19 |
|
Pro
Trade: underground construction
Join Date: Jul 2007
Posts: 171
|
Re: Owner Withholding Payment
i have a contact with the town and am working for them.
__________________
whatley posse rshackfleford |
|
|
|
|
05-16-2009, 09:38 AM
|
#20 |
|
solar guy
Trade: solar contracting
Join Date: Feb 2009
Location: Annapolis Md
Posts: 1,883
|
Re: Owner Withholding Payment
That makes it a bit stickier. Did you have to post a bond for this type of damage? I think you are on the right track with contacting your Insurance company. They will provide a lawyer to you at no cost to review everything. They will also ferret out wether the HO is trying to pull a scam. Was only one home damaged? Or only one home you had to get close enoough to. then there might be issues with their structure if say you are digging between two houses and only one was damaged.
|
|
|
|
|
| Thread Tools | Search this Thread |
| Display Modes | Rate This Thread |
Linear Mode
|
|
Similar Threads
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| Non Payment problem involving Insurance job?? Very long but need feedback! | kdub1777 | General Discussion | 28 | 12-02-2009 09:31 AM |
| Company Owner, Recriutment and Referrals | RidgeWalker | Business | 8 | 05-05-2009 12:49 AM |
| Collecting Overdue Payment - Internationally...Help | Bluepenguin | Business | 11 | 08-21-2008 02:43 PM |
| Time To Really Consider Escalation Clauses | Ed the Roofer | Business | 18 | 06-25-2008 11:42 PM |
| forced insurance by owner - ccip | nccontract2008 | General Discussion | 10 | 02-13-2008 10:09 PM |
