Legal Questions

This page lists recently asked construction legal questions from contractors and suppliers. Click any question to see more information and legal advice from attorneys.

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My customer was offered a discount on the original invoice. I emailed them after they were 30 days late and explained that the discount was a courtesy with the expectation of on-time payment and would be forfeited if they did not make payment within 10 days. I also informed them at that time that i would be filing prelim lien notice and sent them a new invoice without the discount. They did not make payment. When i filed the lien, i filed for the full amount before the discount plus an interest charge that is outlined in my contract with them, for a total of 58k. My customer is now 90 days late on payment. They are trying to only pay me for the original invoice of 47k. I would like to hold out for full payment but dont want to wait too long to get paid and want to make sure that my lien is solid and will hold up in court...Read More
New Mexico
I am an engineer that was hired to design the construction of a new industrial kitchen in New Jersey. how do I put a lien on the property?...Read More
New JerseyMechanics Lien
I have this licensed contractor who did work on my basement. We had asked him to take our credit card for payment. He said he wanted cash or check so he can avoid the fees. We said no you need to take our credit card in which he never said he didn’t take them. Now he’s threatened to put a mechanis lien on our house. This is so crazy we’re not denying him payment!! What can we do about this. We just want to pay by credit card. Thank you ...Read More
MarylandMechanics Lien
Are Change Orders typically paid out at the time of Application of Payment or are they paid when ever the Chang order is issued? ...Read More
Rhode IslandChange Orders
We are a subcontractor and filed a lien on a property for non payment. The homeowner paid the Courts with the $1000 Fee that is added to transfer the lien to a bond. I only received a paper where the Lien was transferred to the bond and the FL Statute stating what needs ro be done. It is very confusing. I need ro find out how to get paid the money the homeowner paid the courts for the Lien we placed on thier property?...Read More
FloridaMechanics Lien
Hello everyone, I am the owner of a few coffee shops. Recently we opened another location and for that we hired a commercial licensed general contractor. Our agreement states he should complete our business project for 90 day, but he finished it in...EIGHT(8) months. I would like to sue my general contractor for multiple breaches of our agreement, including delayed grand opening(including not showing up at the project for days), exchanging approved materials for cheaper ones without my approval, not following approved layouts and plans(kind of free style work), missed business opportunity(daily revenues), Intentional Infliction of Emotional Distress” (IIED)... Would you please advice me what kind of attorney should I look for ? Thank you. Best regards, ...Read More
California
I am a property owner who paid a contractor $32,000 for rehab/renovation on a residential home for rental. We only had a verbal contract as he was a family friend and I have copies of the checks written to him. However, I discovered on visiting the work site that a stop work order had been placed and the construction permit revoked due to multiple code violations and refusal to comply by the contractor. I learned from the E Ridge city code enforcement office that the contractor's license had expired in 07/2019 over a year prior to the construction. As the owner I did not grant approval or sign any agreements with any sub-contractors. (A) Am I liable to any mechanics liens? (B) Am I able to recover any of my money from the primary contractor if that contractor is in bankruptcy? (C) How do I properly terminate his services and protect my LLC from him any further demands for payment?...Read More
Tennessee
my son worked for a floor cleaning company from south carolina cleaning floors in winn dixie here in florida and received no pay for three weeks, only checks in the mail, how and what do i file for him, i have owners name and address as well as winn dixie store adddress where he cleaned floors and corporate address...Read More
Florida
The GC inflated the GMP by using top tier subcontractor proposals - and then after the contract was signed, replaced the subcontractor proposals with either lesser contractor proposals or with In-house forces. The shared savings will amount to tens of millions of dollars. ...Read More
VirginiaConstruction Contract
An owner rightfully withheld a general contractor's retainage to address several liens on the property the general contractor failed to address (due to its failure to pay subs) on a project. The general contractor is insolvent and will likely file a Chapter 7 bankruptcy? Setting aside all of the bankruptcy issues, how should the payment of sales tax be addressed to the soon to be secured subcontractor be addressed? The retainage does not include sales tax because it has already been drawn by the contractor. If the owner pays the subcontractor's sales tax, it pays twice; and if it withholds the sales tax and requires the sub to pay it, the state potentially recovers sales tax twice. ...Read More
WashingtonBankruptcyMechanics LienRetainage
I have been working on a prevailing wage project for some time now the work being performed is a LED lighting retrofit on a big college campus my company uses a phone app for clocking in and out my questions are 1 being they have is clocking in under just the job name for the peeping of materials which they have us do at the shop and while driving to site should this be a time I should be making my prevailing wage amount or regular rate ?...Read More
Ohio
I had a boyfriend (now EX) who was living with me and he helped me fix the house now he put a mechanics lien on the house but i never contracted him to do anything. Plus he didnt file the pre lien so what can i do im trying to sell my house...Read More
Missouri
I work for the Snohomish County Airport at Paine Field. Does a company which provides annual or quarterly maintenance on machinery at the airport have to provide a prevailing wage document? Specific example - Evergreen Compressed Air - Scheduled Preventatvie Maintenance Service on maintenance shop air compressor. ...Read More
Washington
Does the 10% or $1000 only refer to home improvement contracts or commercial projects as well?...Read More
California
I live in Omaha, NE and a roofing company installed a roof on my house incorrectly, they also did not finish the job and refused to finish the job. They kept demanding payment and never provided an itemized bill which was asked for 3 times. When we finally did receive a bill it had charges for work and material that were never provided. Since then we have received confirmation from the engineers at company from the products used was installed incorrectly and would have to be fixed(it is a major issue that would require removing about 1/3rd of the shingles from the bottom and fixing the issue.) The owner said that he would put a lien on my property and would not respond to us asking for him to finish the job. We recently received notice that he was putting a lien on our house but the date of time services or materials were furnished was incorrect on the filing. What can/should we do?...Read More
NebraskaMechanics Lien