We are a water mitigation company doing emergency service work related to the freeze in Texas. This involves removal of water damaged drywall, insulation etc. as well as the drying out of those areas with dehumidifiers, fans and air scrubbers. Once we have done our work, a separate contractor would then be hired by the homeowner to come to do the construction portion of the job (basically replacing everything we had to remove). Are we to file the Affidavit of and Filing of Contract - Homestead for each job in order to protect our ability to file a lien?...Read More
I SUBMITTED A INVOICE TO THE INSURANCE COMPANY AND THE ADJUSTER CUT OUT $15000. NEED TO KNOW IF I CAN PLACE A LIEN ON
THE AMOUNT NOT PAID. WHAT STEPS SHOULD I TAKE. IF I CASH THE CHECK CAN I STILL GO AFTER THE REMAINING BALANCE?...Read More
I have a contractor who states that we should subtract the retention (10%) from the progress invoice is submitted and bill the total amount of the retention at the end of the contract. I say that we should invoice the total amount of the progress invoice and the contractor is responsible for withholding the 10%. Who is correct - we use AIA billing when submitting our invoices....Read More
For NJ, I received an arbitration award on a construction lien today (but it was dated 3/3/21). The last day I worked on the property was 12/4/2020. 90 days from that date (the deadline to file a lien) is 3/4/21. Am I too late to file it? I am a subcontractor hired by a general contractor to do the work. The general contractor never paid. The claim is against the owner/property correct? Not the general contractor/property. The form asks for who the contract is with and who the claimant is against....Read More
I own my own company and did work for a customer that paid deposit with a check. i deposited the money but check was canceled by customer and i was never paid the deposit . withing the 3-5 business says after depositing the check i did majority of the work and just needed to put a finishing coat on floor .(it is a flooring company) after making him aware that deposit didnt go through he then told me i had to pay him to pick up my tools and that he would get someone else to finish the job i pretty much had finished . i never recieved any payment for this job....Read More
I'm a licensed landscape contractor, completed a job within the agreed timeframe, exactly as designed and according to the signed contract. There is no GC, the work was directly contracted with me and there were no subcontractors. The work was just completed 4 days ago and a detailed invoice provided that same day showing the amounts paid and balance due. There are no change orders so this is specific to the amount they contracted to pay for the work we agreed to complete and did. They say they are unhappy with the work thought will not say why, it looks exactly as the design does but they are refusing to pay the final payment post our walk thru. What can we do?...Read More
I am 3/4 through a large bathroom remodeling project. The homeowner found out I was not licensed 6 months ago but we continued work. Now they do not want me to finish the job and want me to pay for completion of job. What are the options?...Read More
Can I file a lien in Florida if a preliminary notice was not sent? What is our work around if a preliminary notice was not sent and we want to file a lien now?...Read More
I feel like I should know the answer to this question and I researched the manual, but still want to make sure we have rights according to the bond. We have a contract with the GC who has a contract with the US Coast Guard. It is a paid if paid contract (which is a little bit strange). I can still send a NNP within 90 days to the GC and the bonding company correct? I have copied here some verbiage in the contract regarding payments: “2.1 Subcontractor’s full compensation for the satisfactory performance of its subcontract shall be the Contract Price of $44,350.00 , payable only as set forth in this Subcontract. This amount includes all taxes, assessments, and contributions of every kind and description. Contractor’s obligation to pay all or any portion of the above amount to Subcontractor, whether as a progress payment, retainage, or final payment is expressly made subject to the condition precedent that Contractor shall have first received from Owner payment of all amounts due Contractor for the work for which Subcontractor seeks payment. Subcontractor expressly agrees to this condition precedent, and also agrees that it will apply to any obligation of Contractor’s surety, if any. This is a paid-if-paid-subcontract.” I thought it was illegal to waive any rights under a bond, which is kind of what is implied here it sounds like. Any help you can give is appreciated!...Read More
My company has filed a lien against the property and the GC is consulting with a bankruptcy law firm in order to pay subcontractors. What are my options?...Read More
Our last date of providing material on this project was 9/17/20. We still have not been paid. Can you advise our rights to lien (if any) at this time?...Read More
What is the easiest and least expensive way to remove an expired mechanics lien in Florida?
If an attorney is necessary can the cost be charged back to the contractor who filed the lien ...Read More
Dear Sir, I signed a contract to be build a home on our lot with a builder in November 2019. We have been paying the construction loan in January 2020. Currently, only the excavation pre-lot work has been done. The builder has yet to break ground. Our original loan has expired due to the delays and we have to refinance with extra loan application fees. We received a call from our builder. They told us that due to the pandemic delay, they would have to pass on additional costs to us either totally or partially--around $50K. What is the best solution for this situation? We feel that this is totally unfair. Thank you for your professional advice....Read More