A 30-year employee allegedly cheated the developer out of money by using subcontractors to perform a side job on multimillion-dollar apartment project and not paying for the work out of his own pocket. Issues: did the employee have the right to do side work and did he have the subcontractors pay for the work at the expense of the developer.
A general contractor remodeled a building for an owner. Near the end of construction, the owner claimed construction defects in an effort to avoid payment to the contractor. Issues: was the contractor was entitled to the final payments and were there in fact construction defects.
The contractor remodeled an historic building, focusing on the old windows only. Toward the end of the job and after paying him about 90% of his contract, the owner quit making payments to the contractor, claiming that he had not done the correct work and that the work he had done was sub-standard. Issue: did the contractor fulfill his obligation under the contract and was he entitled to the remaining payments.
A landscape contractor remodeled the landscaping in an apartment complex for the Homeowner Association (HOA). At the end of the project, the HOA claimed that the subcontractor charged for incorrect quantities and that the grades left by the subcontractor caused water damage.
A contractor took a job to remodel a house. As the job progressed, the owner repeatedly changed their minds about the work to be done. The contractor was terminated when the extras reached an extreme level. Issue: did the contractor do what he was told and was there proper paperwork to substantiate the extra work.
Destructive Testing, Arbitration
After being purchased, a house had water intrusion issues. In the sales documents the leaks were not disclosed and, in fact, effort was made by the seller to hide the defects. Issue: was there sufficient evidence that a failure existed to require disclosing the defects.
A clean up subcontractor was retained to perform the trash clean up on a multiunit apartment complex. The contractor asked for extra work on a regular basis but refused to give the sub a change order. Finally, the sub was terminated after he refused additional extra work. Issue: did the sub have a contract that included the extra work he was asked to do or was the extra work indeed an addition to the contract.
A homeowner who had contracted with a licensed kitchen remodel firm sued the contractor for taking longer than he had been told and charging for extra work. Issue: did the contractor have justifiable cause to delay the work due to authorized changes by the owners.
A subcontractor installed storefront windows in two fast food restaurants. The owner claimed that the sub installed the glazing incorrectly such that it allowed water intrusion. The owner sued for correction of the installation. Issue: did the correction of the problem necessitate the removal of all the building skin in order to fix the water intrusion in the window system.
A condo owner's patio leaked water into the living space of the owner below who sued the HOA and the owner above him claiming the patio leaked because of improper tile being installed on a deck not designed to support ceramic tile. Through destructive testing (DT) it was determined that the HOA and the owner above had to re-do the deck with proper materials to support the tile finish. The DT showed substantial termite damage that also had to be repaired.
Homeowners claimed the builder did a substandard job in constructing their home. Several issues were brought to the attention of the builder. Issue: was did the builder have liability for substandard construction.
The contractor was late in the construction phase and the owner claimed he was being charged for work he didn't request. Issues: did the contractor run late because of his own mismanagement and did he do work without the proper change-orders.