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Kicked Off The Job

 
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Old 01-11-2019, 07:08 PM   #1
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Kicked Off The Job


Hello all! I am painting contractor in CA (C-33). I am in my second year of business and things have been running accordingly up until recently.
We have a contract with a GC to paint a home...We made one draw on the project and have recently finished up the project with the exception of final touch up. We are waiting for some of the trim and flooring to be installed before we do so. That way we don't have to charge to go back out after the other contractors ding everything up ( NEVER FAILS) I sent out the final invoice and its approaching 30 days past due. I tried getting in touch with GC several times throughout the last 30 days via phone, text and email. Nothing, until yesterday. He said he hasn't got back to me because he isn't happy with our work and the customers don't want us back in their house because we left things unfinshed and sloppy. We are human and may have missed something, but we also take pride in our work and thoroughly inspect and correct upon touch up. GC said he would call to meet up and do a walk through today and he has yet do so, and is not taking my calls. WHAT DO I DO NEXT?
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Old 01-11-2019, 07:32 PM   #2
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Re: Kicked Off The Job


30 Days and no communication and then not allowing you onsite for a walk through is BS, and he's going to have a hard time justifying that if you end up lein'ing, but I'll let other Californian contractor speak regarding specific processes out in California land regarding potential liens, collections, and associated time-frames... That said, I would ask you...

If you aren't finished, under what circumstances did you submit a final bill and expect to be paid?

What does your contract say regarding terms?

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Old 01-12-2019, 08:52 PM   #3
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Re: Kicked Off The Job


thats immature on the contractor.

no , they day you left , he should have either walked around with you.
but maybe thats a little on you .
you need to say " hey man. we`
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Old 01-12-2019, 09:02 PM   #4
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Re: Kicked Off The Job


sorry , i sent that un-finished

maybe you should have walked up to him , and said , "we`re leaving till your ready for us again "
and ask him how things look . tell him you`d like him to walk through with you
realistically , that should have happened first thing in the morning of the last day , so he isn`t caught off guard, and tell " today is our last day for a it , anything you need addressing?"

you just have to expect the worse , and make it so there isnt that kind of situation hanging when you leave a jobsite for an extended amount of time
not saying you did that, but if you left without telling him , and not asking how things looked , or left a mess , a little of it is on you.

but the contractor definitely should have addressed it right away , especially if the client wasn`t happy
its called a punch list,

thats chicken sh*t on his end
looks like he was fishing for a reason not to pay you your last check
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Old 01-14-2019, 03:06 AM   #5
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Re: Kicked Off The Job


The contractor has to allow you to fix any issue they may have. To simply not allow you on the property to finish up and make good on the corrections, is not allowed under contract law in this state, unless you committed a criminal act. The whole reason for that particularity is to keep GC'S from using that as a means of not paying you. Which apparently that's what he's doing.


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Old 01-14-2019, 05:27 AM   #6
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Re: Kicked Off The Job


Quote:
Originally Posted by Californiadecks View Post
The contractor has to allow you to fix any issue they may have. To simply not allow you on the property to finish up and make good on the corrections, is not allowed under contract law in this state, unless you committed a criminal act. The whole reason for that particularity is to keep GC'S from using that as a means of not paying you. Which apparently that's what he's doing.


Mike.
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What Cali Mike said. This reads of a GC trying to dodge paying.
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Old 01-14-2019, 07:11 AM   #7
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Re: Kicked Off The Job


Since I'm not in California, I can't say.

In my state I would recommend filing a Lien, now. It's obvious he is trying to get out of paying you. It's doubtful he is sitting on a pile of cash and just doesn't want to give it up. He probably doesn't have any money. He's already spent it all. He's not waiting on a draw or he would say so.
Also, to play the devil's advocate, lets say you did a poor job and were sloppy. He still has to give you the chance to fix it, or pay you and have someone else fix it. Maybe not pay you everything, but still pay something.

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