Construction Presentation
Transcript: THE PROJECT THE PACKARD BUILDING Convert into 40 unit apartment building Commercial space on 1st floor MARCH 2008 - Resetarits entered into agreement with Dane Electric. Dane's job - perform the electrical work for the project. January 2008 - Resetarits entered an agreement with Packard Building LLC to serve as the General Contractor on the conversion of the Packard Building Apartments. Buffalo company Founded in 1987 Manages more than $25 of construction per year THE CLAIM THE PARTIES SOME BACKGROUND Buffalo based company Founded in 2001 Provides installation and management of fire alarm and security systems Services Western New York Dane contracted Great Lakes Building Systems to install the fire alarm and carbon monoxide system. AIA 401 - AGREEMENT BETWEEN SUBCONTRACTOR AND CONTRACTOR Relevant articles: - article 7.2: termination by the contractor - article 9: Date of commencement and substantial completion - article 12: final payment - article 13: insurance and bonds - 13.7: performance bond and payment bond Great Lakes Building Systems THE CONTRACT 1. Dane breached the terms of the subcontract by: a) failing to pay certain subcontractors for their work. b) failing to perform its work under the subcontract. c) failing to complete its work under the subcontract. 2. Resetaritis maintained they fully performed and complied with the terms and conditions of the subcontract. 3. Dane breached the subcontract and thus owes Resetaritis damages in the amount of $159,310.80. So what happened? Dane pocketed$159,310 and then walked away from the project before it was finished. On top of that, they failed to pay Great Lake Building System $42,850. Consequently, Great Lake Building System filed a demand against the GC, Resetaritis, for the outstanding $42,850. AIA A101 - Agreement Between Owner and Contractor AIA a201 - General Conditions for Construction that outline the responsibilities of the owner, contractor, and architect. Based out of Blasdell, New York The company has no website... RESETARTIS Construction Dane Electric POTENTIAL SOLUTION - Per the AIA 401 agreement, the GC should "call the bond" on the subcontractor. The subcontractor has not performed. As a result, the GC (Resetartis) would be entitled to receive the money required to complete to the performance of the job. Additionally, the GC is not responsible for payment to Great Lake Building Systems. Rather, Great Lake Building Systems is a sub-subcontractor and should do two things: 1) seek compensation from the party that contracted them (Dane), and 2) Great Lake Building Systems should file a mechanics lien against the property. RESETARTIS CONSTRUCTION VS DANE ELECTRIC & GREAT LAKES BUILDING SYSTEMS INC. Dane failed to complete the work and abandoned the project! At the time Dane abandoned the project, Resetaritis had paid Dane $159,310.80. Not only did Dane abandon the project, but they also failed to pay Great Lake Building Systems.
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