From: Roger Turk <73527.1356(--nospam--at)compuserve.com>
Date: Thu, 20 Apr 2000 00:04:46 -0400
IIRC, at a presentation a year or so ago, a similar question was asked of the
lawyer making the presentation. His answer, IIRC, was to place a lien on the
property --- then the owner would be obligated to make the payment and deduct
it from the payments to the contractor.
I am assuming that you have filed a preliminary notice of lien, if that is
required in California, or the Contractor has a labor, materials and
But, check with *your* attorney first! You don't want to file frivolous
A. Roger Turk, P.E.(Structural)
Dennis Wish wrote:
>>The engineer ends up with three projects originating from three architects.
Each architects work agreement has been completed at issuance of permit. The
projects have been awarded, by chance, to the same construction company. The
projects are in staggered stages of progress.
The contractor has failed to pay for engineering services incurred to
correct unauthorized changes that were made in the beginning of the first
project. The work has been billed, all hours verified and approved by the
the architect (chosen to independently review the charges by the
Payment, although not large, has not been received (past 45 days) and the
contractor is requesting additional services for next week.
At what point can an engineer suspend all work (potentially halting each
project) to demand payment? Inasmuch as these are three separate projects
which must be managed through the same contractor, is the engineer
responsible in any way for delays incurred in those projects that become
"innocent bystanders" due to the contractors negligence?<<