It's too cold to build a barn, but we're doing it anyway!

[k6dyc]

Eddie, I did get a call from the sub a few days after the GC came and saw the problems. Apparently the GC sent a letter to the sub that upset him, probably suggesting he wasn't getting paid. It was a short conversation during which he asked if I was unhappy with the work. I cut the conversation short and told him he would have to take it up with the GC. I did take the time to tell him that the GC and I inspected the work together, and that the GC pointed out and made a long written list of problems with his work. That reminds me, I want to ask the GC for a photocopy of his handwritten list! I intentionally didn't discuss specifics because I wanted to avoid anything that would suggest that he had any relationship with me or that I supervised or controlled his work.

The same guy did the entire project. Before being hired by the GC for this (his first) barn project, he was a framing contractor for another company.

Today I'll really push for getting the written documentation form the GC. The items I'll ask for are:

• Copy of the punch list made at the site
• His written commitment to make it right, with details of the work to be done
• His written commitment to bond the lien
• A time frame for completion

Is there anything else I need to document at this point? I'll add my photos and detailed comments about the issue to the file as well.

 

[WayneB]

You might want to keep a telephone log?

 

[bugstruck]

The insturments and techniques can vary somewhat, so this may not be entirely correct. Not legal advice by any means but you may want to get an "All Bills Paid Affidavit" or a "Partial Release of Liens" from the GC that confirms that all other Subs and Materialmen, outside this Mechanics Lien, are satisified. Then eventually, when this is all resolved, a "Final Release of Liens" from both the General and the liening Subcontractor. Don't forget to make sure the Lein is released at the County level too as that's where the Title Search Eddie commented on is ascertained. I'm not certain on your ability to withold payment from the GC for the less than satisfactory work value, but that could be the preference from your position if you have legal standing to do that. Your Contract and/or Attorney may provide direction on that. You seem to be working though this in a well measured and sensible way. Best of Luck

PS. I know a few western slope contractors and your observation on their expediency is shared. They can do very exceptional work though. Many are artisans in their trade. So it cuts both ways.

 

[k6dyc]

Thanks for the info on the 'Partial release of Liens' Chris, I'll look into it. The monies I've withheld paying are in accordance with my contract which states the final payment is due upon job completion. The GC and I agree that it isn't yet complete.

 

[buckeyefarmer]

Wow, I am so sorry for what they did. Even an amatuer like me knows the proper way to overlap the metal. It's shown in all the documentation. Also, I normally don't see screws in the middle of the sections, normally you stick to the 9" pattern.

I will be out in Gunnison later this summer to do some exploring around. Hopefully your barn will get finished before then, and hopefully I will get my own done before then.

Guy down the road from me had a big barn extension built in 3 days, must be 16' high on the sides. Poles and beams up 1st day, purlins on the 2nd day and wall metal, roof and trimmed the next day. we had some snow before their 3rd day, guy was walking along the purlins with a broom sweeping them off, early in the morning, cold as heck out.

good luck.

 

[buckeyefarmer]

I sure hope your GC does the right thing and takes care of this.Your post makes me nervous because a crew is starting my pole barn on Monday.Thanks to you I'll know what to watch out for.

Who's building yours?

 

[WhyNot]

Can anyone put a lien against someones property? The reason I ask is that in my way of thinking the sub would have to go after the GC for nonpayment since the GC is who hired the sub not you. Then if the GC did not get payed by you (which after seeing your pics I would do the same as you and hold his final payment until issue got resolved) the GC could place a lien on your property. Just curious thanks

 

[rox]

I filed well let's say more than a couple "Intent to File a Lien" in my former, former life as a credit manager. In Wisconsin first you mail the "Intent to file a Lien" and the property owner has a Grace Period before you can file the Actual Lien. The lien is always agains the real estate, other subs or a GC are nto involved. If I remember right we had 90 days from the last work on the property to file the 'Intent to File a Lien" I kept extending and extending on this one golf course until finally our 90 days were up, went to my boss and he said no problem, I'll send a few guys back to do a little more work. He did, I waited a few more weeks then I filed he Intent. kind of played the gray area a little bit but once I mailed the Intent to File a Lien we got paid right away. I never ever had to File a Lien, jsut mailing the Intent to File a Lien was enough to get paid. We were always a sub and or a supplier on golf course construction projects. Another thing I used to do to collect was to refuse to sell parts. The company I worked for sold turf equipment, and I would jsut cut them off from getting their equipment fixed. I mean even if they came in with cash I would have go down to the parts counter and tell the emplyees, sometimes owners, that we would not sell them parts until they paid their outstanding bill. My job was to collect the company's receivables so hat is what I did, I used every idea i could think of to collect.

This is a litle off topic but still kind of in the same vein, a Wisconsin golf course got repoed by Wells Fargo bank way out in California. They still ran the course and bought form us, then wouldn't pay the bills. I looked up when their stockholder meeting was, and it was coming up the next month. I got on the phone with the group out in California and keept working my way way up the chain of command. I forget who i had on the phone but it was a top person. i threatened to disrupt their annual stockholder meeting, that I already had found people in Califronia who would attend onn our behalf adn would stand up at the stockholder meeting and ask why they were not paying thier bills in Wisconsin. I really really laid it on thick, real thick, they cut me a check teh same day and paid the bill and going forward I had them on C.O.D.

For sure there is a dispute between the GC and the Sub and the sub did what he had to do to try and salvage some $$$ out of the deal. At least he did a good job framing, he probably wants and deserves to be paid for that. This is jsut part of the system to protect contractors who provide labor and materials and then get stiffed by owners who woan't pay. I applaud your handling of the situation, hopefully you have gotten a copy fo the Bond +++ you have called the Bond company to verify. Good luck I am sorry hat this has not gone 100% as you have envisioned.

 

[bones1]

Buckeyefarmer,I have these folks building it.
Delmarva Pole Building Supply, Inc.

 

[k6dyc]

... At least he did a good job framing, he probably wants and deserves to be paid for that...

Rox, the draws were set up with a small initial payment, a large payment on delivery of materials to the site, another payment upon completion of the framing and a final payment. I made the framing payment shortly after the GC visited and and looked at the job. I know he paid the sub at that time because they both thanked me for my prompt payment. Rox, Tomorrow I'm going to check to see if there is anything I can file in response to the Notice of Intent. Thanks for the comments.

The GC has responded to my request for written confirmation of the details of the issue involved and the specific fixes he intends to make, and says he will have them to me tomorrow. In the meantime, I spent today with Sandi cleaning up all the trash and construction mess from inside the barn. I have photos, but I had to clean it up in order to do some floor re-grading and fill the trench for the power and water. We found even more minor stuff like lack of screws and poorly trimmed areas. Hopefully he will get here to begin the fixes before we get any more significant snow. It's been really comfortabe recently, hi 21-31, lows 0-9.