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Discussion Starter · #1 ·
Recently, we took a subcontract on a job i which we were not provided all of the Plan pages prior to bid. So, we bid on the information revceived. After numerous requests for the missing plan sheets the local buildinng department came to our rescue and required the applicable plan pages brought to the site. The missing pages were the "Structural" requirements for the project.

Of course, subsequent to receipt of the missing plans we submitted a letter to the Prime Contractor with a couple "Change Orders" attached.
To do the work required without the change orders will cost us at least $10,000.00. The Primes mark-up on the project $50,000.00.

Instead of the Prime honoring our ligitamite change orders, he had an Attorney letter sent to us threatening to eject us from the site and file suit against us.

This is one of those guys that tells the Owner that his company is doing the work, when a sub is doing the work.

And, to top it off . . . He has stolen pictures of our prior projects from our web site, popsting them to his own site as part of his Portfolio.:censored:
 

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As stated LAWYER! He can also advise you on your rights (if any)as to the stolen pics. Also find out just how far you can legally go as to warning others about this F:censored:King scum bag.

For Ya'lls sake I hope your contract is iron clad and the rest of your paper work is in order.

To avoid future theft I would watermark your pics. Even if you disable right click on a web site snap shot can still get them.
 

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The picture stealing is theft of intellectual property. A lawyer can direct you there.

The rest of the story seems to be missing some details. You provided an addendum to a previously submitted proposal and the Prime responded through his lawyer and threatened to kick you off the site???:blink:

Sounds like there were a couple of conversations or correspondences missing from the story.
 

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Discussion Starter · #7 ·
Yes there were additional conversations . . .

We spoke with the Project Manager at least three times advising him of the issue regarding the plans and advised him that we would be submitting change orders as necessary.

This jerk took our change orders to the Owner who of course declined approval. There is more than money involved here, there is ethics. When a Prime sells a job to a Sub, the Prime already knows the costs to do the job. If your Subs bid is below the anticipated costs, there is a problem that need be addressed and corrected by the Prime. A Prime that tries to force a below-cost bid, when he knows he withheld data relative to the bid, is not at all concerned with the outcome of the project . . . just how much he can rip off and run with.

Here's an additional question . . .

The Prime told the Owner that the Prime was doing the work. The Prime is not doing any portion of the work, and now the Owner has figured it out. Is this sufficient justification for the Owner to cancel the contract?
 

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We spoke with the Project Manager at least three times advising him of the issue regarding the plans and advised him that we would be submitting change orders as necessary.

This jerk took our change orders to the Owner who of course declined approval. There is more than money involved here, there is ethics. When a Prime sells a job to a Sub, the Prime already knows the costs to do the job. If your Subs bid is below the anticipated costs, there is a problem that need be addressed and corrected by the Prime. A Prime that tries to force a below-cost bid, when he knows he withheld data relative to the bid, is not at all concerned with the outcome of the project . . . just how much he can rip off and run with.

Here's an additional question . . .

The Prime told the Owner that the Prime was doing the work. The Prime is not doing any portion of the work, and now the Owner has figured it out. Is this sufficient justification for the Owner to cancel the contract?
NO.. Why would it?? That is what a GC does. He is doing the work
 

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Discussion Starter · #9 ·
I guess I have to agree to a certain extent. Let's rephrase the question. The Prime has claimed that his company is physically performing the work for the project, that the project is not sub'd out.

It is common for most GC's to sub out a portion of their project, usually the portions the GC not licensed for. Does subbing out the entire project after telliing the Owner that you were not going to do so, in a sense defraud the Owner?

I'm concerned that the Owner will dump the Prime and us with him.
 

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I wouldn't get so wrapped up in the relationship between the owner and the GC. Cover your own butt and make sure you're covered. Period

Anyways doesn't sound like a GC you want to pursue work with.
 

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So, we bid on the information revceived.
When you bid on the project, did you have reason to know that you were not bidding with a full set of plans? If so, did you qualify your bid and make those exceptions? Did the GC get other bids for your scope of work? If so, was your bid much lower than theirs? If you make a mistake on a bid, you are not allowed to back out of it, unless the GC knew or had reason to know of the mistake.


What does your contract state regarding change orders? Also, it sounds like this is a private job, is that correct? If the GC has already "lawyer’d" up, I would be very careful. Here is a scenario I've seen time and again. The GC will kick you off the job stating that you are underperforming and will supplement your work unless you adequately perform. After a 48 Hour Notice, he will not allow you back on the job and will hire someone else, or will self perform, your work and then file a claim against your bond for the difference, or sue you. His file will be better documented than yours, and the surety company will pay them the max $7,500 (in CA) for new construction.
 
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