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Unpaid Commercial Retaining Wall Project

7:56
21:19
162.9K views

At 7:56 in

A Tour of Landscaping Jobs I have lost money on.

What happens here

The speaker shares a painful experience with a commercial retaining wall project, valued at over $90,000, for which his company received no payment. He explains that commercial work typically has a 60-day minimum pay period, and general contractors sometimes employ a strategy of counter-suing subcontractors for double the amount owed to avoid payment. Despite having a project foreman on the general contractor's side who agreed his work was done correctly, the general contractor refused to pay. The speaker chose not to pursue legal action through the courts, having learned that judges often split the difference in construction disputes, which would still result in a significant loss given the initial $90,000 outstanding. He highlights an issue where the general contractor's surveyor mistakenly staked the top of the retaining wall instead of the bottom, throwing off the entire layout, adding to the complexity and risk.

Goal: Illustrate the financial risks and complexities of commercial contracts, especially regarding payment and legal disputes.

Tools and materials

  • Retaining Wall Blocks

What they say

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contractor on a job on this site what you see behind me here and then across the S across the way there about 7,000 square ft of retaining walls all along down through here as well that we built valued at over $90,000 that we didn't collect a nickel on we completed all of this work this is a prime example of a commercial contract and understanding the nuances of a commercial site cuz if you don't if you don't get it it's easy to get screwed and the general contractor in this case did exactly that to my company we completed all of this work this retaining wall all the way down and had it done before the dedicated pay period even arrived so we were com done completely finished with the project before we even knew that the general contractor was going to give us any problems what happened was when we found out that the general contractor refused to pay us we went through the court process now first thing I'm going to tell you is you're never going to win going to court so don't bother doing it if you don't have to but in this case the general contractor's project Foreman on this site actually agreed to go to court in our favor even with that being said I want to tell you how dedicated I am to a avoid going to court at all costs even with their project Foreman agreeing that we did everything right and that the general contractor owed us the $90,000 that we were due on this job I opted to skip going to court and here's the reason why when you go to court they were suing us that's a that's a way General Contractors try to get out of paying their bills plain and simple they try to sue you counter sue you for whatever you owe them okay so when you go to court you have a suit and a counter suit and you have a judge that doesn't know Jack about construction and what unfortunate truth is is a lot of those times because there's so many details in a project like this and so many things to understand the judge will look at the middle ground now in this case I had no middle ground I had built this entire retaining wall all the way down I had paid for for all the rock I paid for all the labor I had completed all of the work on this job site and I had no extra money left over I was basically out $90,000 and 60 days of Labor Prime Mater prime time during the summer and so I what I wanted to avoid was going to court at any any expense because I knew that middle ground would be the death which would mean I would hire an attorney I would be paying the attorney $225 an hour the…

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