We have a joint check agreement in place. Payment has been made to Subcontractor and Supplier. What amount does the Subcontractor list on the Unconditional Waiver and Release on Progress Payment? Full amount of payment requested or amount received after Suppliers joint check has been issued? ...Read More
We completed a job, Jollibee, recently and we did file a mechanics lien. The contractor, JG Construction, still owes us $183,000. Jollibee is asking us to complete the bond release. But we're afraid if we do, we won't get paid in full. The other option we're considering is to file an intent to foreclose on the property. I think we have until the end of March to file. I can also send you the documents that Jollibee sent us. I don't see an option to upload a document though. I can be reached at 619-871-2305 or at mmorgan@magnumsp.com. Thank you, Mike Morgan Magnum Sealing & Paving....Read More
I paid a company to build a pond for me. This company however has not paid the people whom the lease the equipment from and hence the equipment folks are threatening to place a lien on my property. Can they do that? I’ve met my contractual obligations....Read More
I contracted a roof replacement, metal carport, wooden deck, and gutters. The homeowners are not satisfied with the work, though I have had each trade repaired or redone and made many attempts to discount and/or redo all the minor complaints they have. They seem to not be able to satisfy. Before work was started, I had homeowner sign a contract, one page included 5% retainage rights. The homeowner is holding the remaining 50% of the funds owed instead, and some of my guys working there have heard him say he doesn’t plan on paying it at all. He is married and the wife lives there too, but I did not get her signature on any of the paperwork. Can I still file a lien?...Read More
We have some invoices for hotels which were managed by a property management company. Four properties are in receivership and their invoices remain unpaid. The management company signed off on the orders, but don't have funds from the original ownership. New ownership, based on the court documents, are not responsible. Any advice?...Read More
I filed a lien a month ago. I haven't heard from the customer and I haven't received payment. I know I have one year to enforce the lien but want to know more about that process and what is required from me?...Read More
I sold a house in central New York for $225,000. The person paid $175,000 cash and I have a $50,000 note. He hasn't paid in more than 6 months and apparently won't. What kind of form do I file? Do I need an attorney? What kind of cost can I anticipate going forward? If I succeed, will the house eventually be put up for auction before I might be able to get any of the $50,000? Can I get him out, even if I succeed, because of a moratorium on evictions? So far and I know, I can't file a mechanic's lien because I didn't actually do any work on the place....Read More
The company that is manufacturing my steel building (not building it just suppling the steel framing) wants paid in full before they will deliver all the steel. Does the Texas retainage law apply to the steel manufacturing company. They are not the contractors just the steel supplier. And we have had problem after problem with things not being correct. Hoping law applies. Thank you Duane...Read More
I have several new construction jobs that have gone on longer than a couple of months since I first filed my preliminary notices and the scope of work has changed increasing the contract amount. At what point should I revise or reissue my preliminary notices in order to make sure the entire time period and scope of work is now covered? Thank you. ...Read More
Me and my friend just started a small carpentry company, and I’m learning the ins and outs of credit management at a construction company. I’m curious about preliminary notices. Do they provide any benefits outside of preserving my lien rights?...Read More
We’re a small subcontractor and we lost our right to file a mechanics lien on a recent project due to a pay when paid clause. Can we avoid these terms in future contracts entirely, or is there some other way around them?...Read More
I have a problem where customer pays $200.00 over the amount agreed for first original agreement, but refuses to acknowledge additional requested services requested as itemized via DM messages. I have drafted a second notice to set the record straight, which i plan to send via certified mail. Outlining in five pages refusal to pay requested additional services, Remedy sought ( four items), Suggested settlement to avoid Mechanic lien filing. Last day of work 11/28/2020....Read More
We’re a material supplier that frequently sends concrete to other states. At any given time, we’re sending invoices to contractors in two to three neighboring states. We’ve recently had problems keeping track of which projects are done, which ones aren’t, and sending notices in the states that require notices. We’re worried we don’t always have the ability to recover if we don’t get paid. How do we stay on top of all this?...Read More