Thank you very much for the question. Kindly select the ACCEPT button for the answer - that is the only way I get credit for it by JA. (even if you have deposit or a subscription)
If I can clarify anything for you before accepting, please ask me - happy to do it.
Providing positive feedback and a bonus are not required but are nice ways to say "thank you" and are greatly appreciated.
Not understanding ... are you saying that I'm still obligated to continue the project when and if they secure funding even though we are a year and a half beyond the May 10, 2010 date and 2.1?
I'm a member and have had several questions answered regarding this particular case, here is a brief overview:
Construction Consultant Management Services, LLC:
Ken Ramos / Registered Agent
Alex Moya / Managing Partner - A Registered Florida General Contractor (giving CCMS the ability to write contracts under Florida Law)
CCMS Services Include:
On Site Construction Management Services
Full Range Engineering Services
Architectural & Design Services
Due Diligence Assessment Reports
Develop Conceptual/Preliminary Budget
Proposals, Estimating & Work Scopes
Third-Party Contract Prep & Negotiating
Permit Expediting Service
Quality Control & Production Reports
Project Scheduling & Follow-up Reports
Digital Photography Reports
Thermal Imaging / Inspection Reports
Non-invasive Damage Evaluation Reports
Punch Scheduling, Walk-thru Reports
Pre-Qualified Contractor Referral List
We are in direct contract with a client, we contract for a percentage of the overall construction budget to oversee and manage the project. When working with churches or clients who may have inherent financial issues, it is necessary to impose a time limit for project completion.
We (CCMS) then write RFP's (request for proposals) per line item with specified work scopes (civil engineering, architectural, block wall, foundation, underground piping, utilities connect, roofing, etc.) to other contractors however, these contractors/subcontractors are in direct contract with CCMS (not our clients). We then submit the 3 lowest bidders to the client on a CRF (contract recommendation form) which the client signs off on, we do make recommendations as to which contractor we feel is a better choice. By utilizing this per-line item bid method of construction we usually cut construction costs by some 12 to 18% plus.
Contract A: El Pan De Vida / Church & CCMS:
Executed May 11, 2009
Completed May 10, 2010
CCMS was contracted by client (El Pan De Vida - Church) to oversee a construction project from concept to completion. Worked client's requirements/needs to a feasible and constructible building concept, established a conceptual/preliminary construction budget that met their needs.
Contract B: CCMS & Construction Unlimited Services, Inc. (Civil Engineering)
Executed June 16, 2009
Completed: May 14, 2010
County was against this project from the beginning we took the client through 2 public hearings (as they erroneously denied the first project) we were forced to redesign the entire project and resubmit for a second time, after prevailing at the BPC (board of planning commissioner's level) we took them through the BCC (board of county commissioner's) hearing for final project approval.
Contract C: CCMS & RH Wilson (Architectural/Structural Design)
Executed July 27, 2009
Incomplete; (see notes)
Likewise these drawings/plans had to be redesigned several times as well, the first was obviously due to the planning commission erroneous denying of the original plans, but the client was back and forth on what they actually wanted as finances were becoming an issue. We were forced to submit the building plans in phases (shell plans first) giving the client options on the interior as well as time to reorganize their financial issues. The shell plans are completed and ready to be submitted.
Contract D: CCMS & COL Construction, Inc. (Site Work / Horizontal Construction)
Executed July 7, 2010
Incomplete; Remaining work / foundation work (see notes)
This contractor was originally contracted and completed all of the following: site work, underground, site grading, utilities, turn lane, required signage, rebuilt junction box, asphalt driveway bib, modified & redesigned storm water catch basin & drain, Toho water shut-off valves, double safety-check valve, back-flow preventers, building fire-riser, building waste/water drain to sewer connection, building water supply line, underground electrical conduit supply lines to exterior building, concrete work (sidewalks & pads), temporary/permanent fencing and driveway gates, required drain swales, along with required sod areas.
During the turmoil with county and being denied the original project (10,000 s/f building & alternative parking on the client's second lot) along with the client's financial issues. We split this contract at the client's request into two separate contracts to maintain pricing by removing the foundation & slab work to be done at a later date. This left a $6,414 mobilization partial deposit on the remaining foundation & slab work (to ensure we wouldn't sub that work out to another contractor).
CCMS was referred to this client by another client (church) who had difficulties with both county and a few unscrupulous contractors. We were successful in obtaining a 60 day extension on an expired conditional use permit and turned in a full set of approved civil engineering plans within the allotted time frame.
This client (El Pan De Vida) has created an intolerable working relationship forcing CCMS to totally withdraw from the remaining project (see attached letter of withdrawal) although any/all contractual obligations were termed-out nearly a year and a half ago, we were asked to stay on to help even after the client moved forward to have the properties annexed by the city after we told them it couldn't be done, we still stayed on but over the past several months there has been far too much deceit and political in-fighting within the church itself.
In the past couple months the working relationship and conditions have continually deteriorated to a point of no return, as a result CCMS moved to withdraw from the remaining project (vertical construction). On October 13, 2011 we sent a registered package containing the following: all plans (both the original and revised plan applications) regarding the engineering improvements, underground and site construction (including CD), along with Osceola County, Tohopekaliga Water Authority (TWA) and South Florida Water Management (SFWM) documentation, applicable county ordinances, notes and permits including letter of withdrawal. We gave them 5 business days to respond if they didn't want us to complete the 2 remaining contracts, to which they never replied, so it was our assumption that they would have us proceed on the 2 remaining contracts. We are currently working on a church that this client (El Pan De Vida) is renting space from and according to them (the other church) they (El Pan De Vida) has a new contractor.
As of today several emails have been sent to the client requesting the new contractor's information so we are able to submit the sealed building/shell plans to county, as the original contractor refuses to submit under their license & insurance unless they are paid the remaining monies owed on the mobilization deposit ($7,497) for the foundation work. We have had absolutely no response from them (the client). The last email sent was marked "Final Notice".
Question 1 - If we send another registered letter in the form of "5 Day Cure Letter" as they are impeding our ability to complete the contract by not responding and should they fail to respond again, would that nullify our obligation to complete the remaining contracts ... if not what are our legal liabilities to them, seeing as our contract (CCMS & El Pan De Vida) is completed under the terms of that contract?
Question 2 - Or are we compelled to submit the plans under our license, even though we may not be able to complete the plans as we may still need to meet with them to conclude the particulars on the interior walls and spaces?
A 5 day letter to cure was sent to a former client regarding 2 remaining contracts to which there has been no response to date; this is the certified letter dated: 11/29/11 and received 12/2/11
The purpose of this letter is to communicate to you the two action CCMS is taking with regards XXXXX XXXXX referenced contracts. The first action is to notify you of a "cure notice" regarding our continued request for required and necessary information so as to submit the application for the building plans, and the second action is to tell you of CCMS' decision regarding your non-compliance and its effect on our ability to complete our remaining executed contracts.
Cure Notice under Article 2-2.2 Clause Default:
You are hereby notified that CCMS considers your performance a condition that is endangering our ability to complete and/or perform our contractual obligation of the referenced contract. Therefore, unless this condition is cured within 5 business days after receipt of this notice, CCMS will be forced to terminate the remaining two contracts (Architectural & Foundation) for default under the terms and conditions of said contracts, as without your full cooperation and communication we (CCMS) will be unable to meet our indirect contractual obligations to you/your company or our direct contractual obligations to our contractors.
The failures that have made this cure notice necessary are primarily your unwillingness to communicate and/or forward the required information needed to submit the signed/sealed building shell plans as depicted in a registered letter to you dated (Oct. 13, 2011) and followed up with emails dated (Nov. 11 & Nov. 18) requesting the required information.
In responding to this cure notice it is essential for you to, (1) provide the general contractor's information required to submit the plans, and (2) communicate in a manner that will enable CCMS to complete the remaining contracts if you so choose. It must be clearly understood that the burden of correcting performance rests with you/your company. It is also your responsibility to correct your performance so as to ensure successful accomplishment of the remaining work scope.
Should you have any questions or concerns regarding the cure notice or the correction of non-compliance, feel free to contact me at.
Question # XXXXX: Is it advised to send another and final certified letter informing them that "due to their refusal to respond to both the 5 day cure letter and the previous letter to withdraw", we have terminated both unfinished contracts and thereby assume no further liability with regard to any deposited monies and/or the completion of any unfinished work, as it appears that you have willingly and/or intentionally breach the remaining contracts; thereby impeding our ability to complete the defined scope of work.
Question # XXXXX: Am I liable for any monies deposited to the subcontractors?
Question # XXXXX: Am I obligated to turn over the signed/sealed shell plans to them?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).