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Fired GC - Lien/Court

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gml659

Member
WASHINGTON STATE


The General Contractor we had turned out to be flaky. From the begining he was hard to get ahold of and did a terrible job scheduling subs, getting permits. Then this past summer (2005) he had a "mid-life crisis" and skipped out for 3 weeks. When he came back he was "sorry" and for a week or so performed ok. Then he was back to his old self. Eventually, in September 2005 I just started doing his job and I am now just running the whole project myself. Still have another six to eight weeks to go. Started in April 2004. GC was on (or off and on) the project for 12 months or so. So far I have paid him $65K for the minimum services he performed.....13 draws of $5K....last draw September 2005.

Today a relative (Dad) gave me some paperwork of bills etc. Relative says I owe the GC (Son) Oct, Nov, Dec draws.....$15K total. In addition he (Dad) says I owe him (Son) 8.4% tax on the $65K (above) because his son didn't know he was supposed to charge this tax on his minimum labor. GC has only shown up a few times since August. I have plenty of paperwork (emails/cell phone records) and subs who can attest I have been running the project since August.....and that the GC has done an utter minimum amount of work. The last time he (GC) even showed up was November 15th or so. I have subsequently fired the GC....can't tell him this because he doesn't answer his phone.

The agreement the GC and I had was only verbal (yes, dumb...maybe). We agreed to an amount greater than $65,000 but less than $115,000. I am not going to pay the guy one more dime.

The project is easily 6 mos behind scheduled. No quality issues....yet...thank goodness. The GC is an OK guy....I think he has a drug problem. He is just a flake....sadly.

Questions:

Does the GC even have a leg to stand on?

Can the GC put a lien on my house?

How about going to court? Can the GC take me there?

Do I have any recourse?

GML
 


Ohiogal

Queen Bee
Its just rather complicated with all the different facets. You really need to talk to an attorney -- try one with a minimal consult who can take the time to go over all the legal implications with it.
 

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