Mr. Robertson is double degreed as a Lawyer (Juris Doctorate) and Engineer (Civil / Environmental) and has spent the past (15 ) years in the legal field as a Sole / General Practitioner and Contract Attorney, Firm Associate, Law Clerk and Trial / Legal Assistant. His professional background includes CONSTRUCTION LIEN-LITIGATION RISK MANAGEMENT monitoring construction lien law compliance. (Served as owner’s designee on a $4-million medical complex construction project, $2-million light industrial building, $500K residential carriage house, and $370K transite wall siding replacement project.) More...
Hi there, I do not know off the top of my head, and would differ to LARA and / or your local building dept. with regulatory oversight. Asking for a couple of references / photos involving similar work is a good idea to ensure this is not a novel issue for the plumbing company that may be “winging it.” Good luck!See More...
Hi there, well this needs dissecting with a concise timeline. A lien can only be placed and enforced by a licensed contractor w/i (90) days from the last day of work. A copy of any contract and written communications is needed to review. Depending on the facts, and some new legal precedent, there is a possibility of statutory conversion (w/ the threat of punitive and attorney fee damages). You hold the potential threat of an administrative complaint against See More...See More...
Hi, there are four (4) types of lien waivers, Partial and Full, Conditional and Unconditional. All are valid depending on what payment it is supposed to document. A Full Unconditional Lien is only signed at the project’s completion. More information here would be helpful, thanks. See More...
Hi there, was the supplier listed on the job’s Sworn Statement. Reviewing the SS is the owner’s (or Owners Designee’s) responsibility as well as the general contractor. If the supplier did not timely supplied its Notice of Furnishing, and is not listed on the SS, then it did not preserve its lien rights and has improperly encumbered the real property. General contractors also have a fiduciary duty regarding funds under the Michigan Builder Trust Fund Act. More inSee More...See More...
Hi there, this is not a construction law inquiry, but rather how best to enforce / collect on a judgment as between a Judgment Creditor and a Judgment Debtor. Is the Contract / Judgment against a person or business? The real estate would need to be owned by the party you have a Judgment against. My preference is not to escalate and put a lien on real estate if it can be avoided. There are other avenues like periodic and non-periodic garnishments against wSee More...See More...