Eric
Florida,#2REBUTTAL Owner of company
Tue, February 14, 2017
George was hired by Simone Development to install end roof trusses for the Hampton Inn and Suites in Oldsmar FL. After George finished his work, the building official of pinellas county was called out for inspection. George's work was red tagged and failed to meet suffiecint requirements with results of the building official failing inspection.
Paul diligently contacted George to modify his work. George demanded to be payed the remaining portion of his contract before he would carry out any work.
According to AIA Document A401 "standard form of agreement between contractor and subcontractor" Article 3 - 3.4 Contractor Remedies.... If the subcontractor defaults or neglects to carry out the Work in accordance with this Agreement and fails within five working days after notice from the Contractor to commence and continue correction of such default or neglect with diligence and promptness, the contractor may, by appropriate modification, and without prejudice to any other remedy the Contractor may have, make good such deficiencies and may deduct the reasonable cost therof from the payments then or thereafter due the Subcontractor.
George also failed to meet AIA Document A401 "standard form of agreement between contractor and subcontractor" Article 4 - 4.7 Remedies for nonpayment.
If the contractor does not pay the subcontractor through no fault of the subcontractor, within 7 days from teh time payment should be made as provided in this agreement, the subcontractor may, without prejudice to any other available remedies, upon 7 additional days' written notice to the contractor, stop the work of this subcontract until payment of the amount owing has been received. The subcontract sum shall, by appropriate modification, be increased by the amount of the subcontractor's reasonable cost of demobilization, delay and remobilization.
George failed to correct changes to suffiecent the inspection needs. Simone development then had to hire another company to correct Georges work.
George's argument is invalid. George is practing slander against Paul's name for history of ripp-offs, cons, and unproffessional and inapropriate names "predator" .