I am an architect designed 2 construction jobs and hired as inspection party. After 2 years, one client didn’t follow plan and finished work completely different . Another client never finished work but already opened his store for over 1 year. ...
Your rights and responsibilities with regards to your customer are going to be guided by your contract. First look there to determine whether you may withdraw from the project, etc. Second, as a registered design professional you have certain obligations to the general public. Did you sign any TR1s? If so, have not notified the DOB of any changes from your design? Did you perform any special inspections and, if so, notify the DOB of any non-compliance/deviations? You also have an obligation under the Rules and Regulations for Architect's to notify certain people of deviations that may be deemed dangerous. You should absolutely consult with an attorney right away to determine what your rights and responsibilities are and whether you have any reporting obligations.See question
An unlicensed contractor filed a lien against my home, he never finished the job, and claims I owe him money.
Whether an "unlicensed contractor" may file a mechanic's lien in New York first depends on whether the local jurisdiction requires a license for the type of work involved. For example, most jurisdictions in New York do not require a license for "new construction". However, many of those same jurisdictions will require a license for "home improvement." Such jurisdictions include New York City (all boroughs), Nassau County, Westchester County and Suffolk Counties. The analysis can go even further because certain Town's regulate the home improvement industry as well and would supersede County laws (for example the Town of Southampton).
Assuming, for purposes of your question, that the contract was performing work in a jurisdiction that requires a license for the type of work performed then the contractor can file a mechanic's lien but it is not a valid mechanic's lien. The process for removing is not overly time consuming or difficult but it will require the hesitance of a local construction/lien law attorney.See question
CO list construction class llb, masonry walls separating units....We just found out the developers installed 2x6 drywall assembly
In virtually every conceivable scenario, the answer is "no", there is no claim to be made against the DOB for the condo's construction defects. There may be a claim against the sponsor/developer. A more definitive answer would require consulting with a construction attorney and an expert (engineer, architect) to confirm non-compliance and value the variation (to determine whether the claim, even if viable, is cost effective to pursue).See question
I waswondering if I could put a lien on a residential house
I do not practice in MT or have any knowledge of MT law so I cannot give you any actual legal advice. However, in general subcontractors that are not paid do have lien rights in most states. Some states have pre-lien notice requirements and others do not. Regardless of the State, those that do allow liens have time limits. Therefore, speak to a local construction attorney as soon as possible to determine whether you have any lien rights in your specific situation.See question
I was a subcontractor working on a Federal Project in DC. My hourly wage was 19 ph. Clarke Construction had a prevailing wage posting at their trailer which was over 25 ph for my particular trade as a low voltage cable installer,but when we questi...
First and foremost speak to an employees rights attorney as soon as possible. You can also contact the Department of Labor and file a complaint if you believe you were not paid the proper legal wages for the work. If you worked for a subcontractor, sometimes it pays to go to the general contractor. However, before doing that you should speak to a local attorney to protect your rights and understand the risks and benefits of going to the GC and/or Department of Labor.See question
I paid someone to build a porch. Most is done but not completed. My calls are being ignored and he makes excuses when I do speak to him. He says he will come the next day but never does
Speak to a local construction attorney. There may be a licensing jurisdiction that has control over this individuals license and can intervene on your behalf. Another viable option is usually to sue. Since I don't practice law in South Carolina I'm not able to offer you any legal advice. Definitely contact an attorney to know your rights and avoid missing any key deadlines.See question
I own an out of state construction company that did work in NY State. We are owed a lot of money & filed mechanic's lien & need to sue to enforce the lien. 1---I was told that my company needs to be authorized to do business in NY, or else tha...
If it is a commercial construction project no license was required to perform the work. In regards to not being a registered entity, you must be registered to pursue a lawsuit. However, in most instances, the Courts will allow you to correct this deficiency during the pendency of the suit (i.e. you can start the suit if timing is an issue and then work on getting your authorization). As other posters mentioned, there may be penalties/taxes to be paid to the State. If you are a corporation you must file through an attorney. Also, if you were an out of State entity filing a mechanic's lien in New York there area some key requirements that need to be met that can invalidate some liens by out of State lienors. You should speak to a qualified construction attorney to make sure that your out of state status did not invalidate your lien (this is a particular issue with regards to the address of the lienor set forth in the lien).See question
I work for a company that sub-contracts from a chain providing flooring. I have completed my jobs as per contract, now I am being refused my pay check (completely ignoring me). The main contractor have received the money from the clients but are r...
It depends on the specific timing of the payment and whether any money remains due under the contract. You MAY have lien rights but not if the main contractor has been paid in full and no money remains due under the contract. In that scenario, there may have been a trust diversion under Article 3A of the Lien Law. Trust diversion claims are very time sensitive. You should speak to an attorney as soon as possible.See question
What would happen if you worked without a license? Is there a quantum meruit claim?
In each of the boroughs of New York City, a home improvement contractor's license is required for work that falls into the definition of home improvements under the NYC regulations. For commercial work, you do not need a home improvement contractor's license nor do you need a general contractor's license. In fact, there is no "general contractor's license" for commercial work in NYC. Instead, you should register as a general contractor with NYC DOB. You will not be able to file any documents with the Department of Buildings without your registration number. So, in short, you need a registration for commercial work but not a license.See question
My contractor and I signed an agreement that he would complete my apartment renovation for $20,000. He is now asking for another $5,000 to complete the kitchen which would be an extra $5,000 over the $20,000 we agreed upon in the signed contract. ...
You need to speak to an attorney familiar with residential construction in NYC. NYC is very particular about the rules for what must be in a contract on a home improvement contract such as this. One of the provisions is a detailed scope of work and a section dealing with change orders. Nobody can answer your question without reviewing your contract and discussing the specific details with you, including the risk and reward of litigating.See question