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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
When you say "original schedule date" is that written in the contract?
Also, did the changes cause the failure to meet the schedule?
No date is written in the contract. And the contract is a proposal we sent them and they signed agreeing to have us do the scope of work.
Is the original schedule date actually written anywhere?
Superintendent sent an email to the owners to give them a schedule for the entire job and then forwarded it to us the next day. That was in February before all the extra work was requested.
If there are no complaints about the work and the issue is that you couldn't hit a schedule date which wasn't a part of the contract anyway then the supervisor is incorrect.
Nothing is specific to us ...It says top out all trades (among other things)
There is no justification for hiring someone else to come in and complete the job nor is there reason for withholding the money.
Is the "supervisor" like the general contractor?
Is this a home or a business?
Yes he is acting as one but don't believe he is licensed. It is a wine cave (business)
Does the supervisor work for the business?
He emailed that our contract is cancelled as of today and that all money due us has been paid. Even though we have not billed him for all extras or completion of job.
The superintendent works for the LLC that owns the Winery
At this point it is pretty obvious that you are going to end up in a lawsuit so it is time to go ahead and get your lawyer and let him respond to everything. He will start writing letters that can be used later as evidence in the case and in addition he can file the mechanics and materialmen's lien for your work.
California has SB800 to protect contractors from something like this, but not sure if it has a time limit he has to give us to complete punch list.
My guess is he has gotten into trouble and is now blaming you for the delays.
He likely read something that he thinks applies but he doesn't understand the law.
If you were doing defective work then he could cancel the contract and hire someone to finish ut under your facts that doesn't fit at all.
SB 800 has all kinds of procedures you have to use but you need to start setting this guy up
No, in fact he was upset when my husband told him we were not going to bid the next cave job he is doing.
Also, I thought SB 800 dealt with homes only, but I don't do real estate normally, just litigation.
I think it is too late to file mechanics lien. Doesn't that have to be done at the beginning of a job?
It is supposed to be but there are some exceptions if changes are made during the job.
And the lawyer may not actually file the MML, they can just threaten it.
Do you have an attorney you use regularly?
Are you still there?
No I don't have an attorney. My daughter in law's cousin is a real estate or construction law attorney, but I don't know him...
You really need to go ahead and get a lawyer involved for you. The longer you wait the longer it will be until you get paid.
This guy is trying to get away with something.
I am giving you only OK rating only because they assigned me to someone who does not have construction legal experience.
Thank you for your help...