Empathy List Archives

KR

Kay Robbins Wall

Fri, Aug 18, 2023 8:21 PM

Fellow Attorneys:
One of my Towns has had a difficult time completing a construction project. We have approved the final change order, but I know that approximately three subcontractors have not been paid for their final invoices.
I have asked on this topic before, but just to be clear, would you advise checks issued jointly? Would you advise an Affidavit under penalty of perjury that all subcontractors have been paid? The Surety on this project has not been helpful. We do have adequate funds, and the project is completed except for small items on a final punch list.
I am aware that this same contractor is having difficulties across the State, and I do not want to have litigation as we end this project. All suggestions are appreciated. You may email or call me at my Law Office 918-689-7737.

Thank you,
Kay Wall

Fellow Attorneys: One of my Towns has had a difficult time completing a construction project. We have approved the final change order, but I know that approximately three subcontractors have not been paid for their final invoices. I have asked on this topic before, but just to be clear, would you advise checks issued jointly? Would you advise an Affidavit under penalty of perjury that all subcontractors have been paid? The Surety on this project has not been helpful. We do have adequate funds, and the project is completed except for small items on a final punch list. I am aware that this same contractor is having difficulties across the State, and I do not want to have litigation as we end this project. All suggestions are appreciated. You may email or call me at my Law Office 918-689-7737. Thank you, Kay Wall

JB

Jeff Bryant

Fri, Aug 18, 2023 8:41 PM

It always seemed most effective to withhold final payment until you receive lien waivers from the subcontractors. An affidavit under penalty of perjury from the General Contractor that all subs have been paid would be another option. Also your Statutory Bond should give you some coverage on subcontractor claims, but I think you did say the bonding company has not been helpful.

Good luck.

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org mailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
Cell: 405-830-8672
www.omag.org http://www.omag.org/

From: Kay Robbins Wall via Oama oama@lists.imla.org
Sent: Friday, August 18, 2023 3:21 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Final Payment to Contractor/Subs

Fellow Attorneys:

One of my Towns has had a difficult time completing a construction project. We have approved the final change order, but I know that approximately three subcontractors have not been paid for their final invoices.

I have asked on this topic before, but just to be clear, would you advise checks issued jointly? Would you advise an Affidavit under penalty of perjury that all subcontractors have been paid? The Surety on this project has not been helpful. We do have adequate funds, and the project is completed except for small items on a final punch list.

I am aware that this same contractor is having difficulties across the State, and I do not want to have litigation as we end this project. All suggestions are appreciated. You may email or call me at my Law Office 918-689-7737.

Thank you,

Kay Wall

It always seemed most effective to withhold final payment until you receive lien waivers from the subcontractors. An affidavit under penalty of perjury from the General Contractor that all subs have been paid would be another option. Also your Statutory Bond should give you some coverage on subcontractor claims, but I think you did say the bonding company has not been helpful. Good luck. Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org<mailto:jbryant@omag.org> [OMAG Small Logo Smooth] 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 Cell: 405-830-8672 www.omag.org<http://www.omag.org/> From: Kay Robbins Wall via Oama <oama@lists.imla.org> Sent: Friday, August 18, 2023 3:21 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] Final Payment to Contractor/Subs Fellow Attorneys: One of my Towns has had a difficult time completing a construction project. We have approved the final change order, but I know that approximately three subcontractors have not been paid for their final invoices. I have asked on this topic before, but just to be clear, would you advise checks issued jointly? Would you advise an Affidavit under penalty of perjury that all subcontractors have been paid? The Surety on this project has not been helpful. We do have adequate funds, and the project is completed except for small items on a final punch list. I am aware that this same contractor is having difficulties across the State, and I do not want to have litigation as we end this project. All suggestions are appreciated. You may email or call me at my Law Office 918-689-7737. Thank you, Kay Wall

R

rayvincent

Fri, Aug 18, 2023 9:03 PM

Has anyone sued the contractor and bond company?RaySent from my T-Mobile 4G LTE Device
-------- Original message --------From: Jeff Bryant via Oama oama@lists.imla.org Date: 8/18/23 3:42 PM (GMT-06:00) To: Kay Robbins Wall lkrw@sbcglobal.net, OAMA Luistserv oama@lists.imla.org Subject: [Oama] Re: Final Payment to Contractor/Subs

It always seemed most effective to withhold final payment until you receive lien waivers from the subcontractors. An affidavit under penalty of perjury from the General Contractor that all subs have been paid would be another option. Also
your Statutory Bond should give you some coverage on subcontractor claims, but I think you did say the bonding company has not been helpful.

Good luck.

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org

3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
Cell: 405-830-8672
www.omag.org

From: Kay Robbins Wall via Oama oama@lists.imla.org

Sent: Friday, August 18, 2023 3:21 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Final Payment to Contractor/Subs

Fellow Attorneys:

One of my Towns has had a difficult time completing a construction project. We have approved the final change order, but I know that approximately three subcontractors have
not been paid for their final invoices.

I have asked on this topic before, but just to be clear, would you advise checks issued jointly? Would you advise an Affidavit under penalty of perjury that all subcontractors
have been paid? The Surety on this project has not been helpful. We do have adequate funds, and the project is completed except for small items on a final punch list.

I am aware that this same contractor is having difficulties across the State, and I do not want to have litigation as we end this project. All suggestions are appreciated.
You may email or call me at my Law Office 918-689-7737.

Thank you,

Kay Wall

Has anyone sued the contractor and bond company?RaySent from my T-Mobile 4G LTE Device -------- Original message --------From: Jeff Bryant via Oama <oama@lists.imla.org> Date: 8/18/23 3:42 PM (GMT-06:00) To: Kay Robbins Wall <lkrw@sbcglobal.net>, OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] Re: Final Payment to Contractor/Subs It always seemed most effective to withhold final payment until you receive lien waivers from the subcontractors. An affidavit under penalty of perjury from the General Contractor that all subs have been paid would be another option. Also your Statutory Bond should give you some coverage on subcontractor claims, but I think you did say the bonding company has not been helpful. Good luck. Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 Cell: 405-830-8672 www.omag.org From: Kay Robbins Wall via Oama <oama@lists.imla.org> Sent: Friday, August 18, 2023 3:21 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] Final Payment to Contractor/Subs Fellow Attorneys: One of my Towns has had a difficult time completing a construction project. We have approved the final change order, but I know that approximately three subcontractors have not been paid for their final invoices. I have asked on this topic before, but just to be clear, would you advise checks issued jointly? Would you advise an Affidavit under penalty of perjury that all subcontractors have been paid? The Surety on this project has not been helpful. We do have adequate funds, and the project is completed except for small items on a final punch list. I am aware that this same contractor is having difficulties across the State, and I do not want to have litigation as we end this project. All suggestions are appreciated. You may email or call me at my Law Office 918-689-7737. Thank you, Kay Wall