All Forum Posts by: Amy Lemaistre

 If there is still a payment left then I would as Jay mentions not give final payment until the final lien waiver has been signed. You can say we will meet and I will give you the check after you sign the lien waiver.

there is no typical.. but in this instance going forward I would meet them and you hand them your check and they hand you the sign Lien Waiver/release.  This is very critical. As you well know. Also u have to try to make sure they are paying their suppliers.

A few years back I was building a housing subdivision and my underground guy was giving me pause.

and So we checked with his pipe supplier and his Gravel supplier.. Pipe was fine.. Gravel he had not paid for and owed them hundreds of thousands  we paid for the rock and made him give us supplier receipts for the rest of the project and paid suppliers direct. 

Check your contract and make sure there was a defined process for change orders. There should be a process or something similar to:

The contractor identifies an issue that is outside of the scope of work, you review and determine is it in the scope or not. If it is not in the scope the contractor will provide a quotation for the work and is not allowed to start the work until you approve the change order in writing with the defined and agreed upon price and terms. 

Hello, Amy Lemaistre, I understand your frustration. These are a few things I would do to insure accountability. 

Take Photos: Capture images of the incomplete work, the removed alarm system, and the broken tile.

Written Records: Keep a written record of all communications with the contractor, including dates and details of conversations.

Scope of Work: Check the contract to see if it explicitly mentions the removal and reinstallation of the alarm system, as well as any handling of fixtures like the fireplace tile.
Breach of Contract: Identify any clauses that the contractor has violated by not completing the work or causing damage.

Formal Letter: Write a formal letter to the contractor outlining the issues, referencing the contract, and requesting a resolution. Include a timeline for when you expect a response.

Request for Repairs/Completion: Ask the contractor to either complete the work and reinstall the alarm system or provide compensation for the damages and incomplete work. 

Act quickly to ensure the issues are addressed, and consider consulting with a lawyer if you need further legal advice. Best of luck resolving this situation. I am a loan officer, so my advice is just advice. I'm sorry for the tough situation, and good luck with the resolution. I hope this helps!