I am a carpenter (sub contractor) who has been working for a GC in Texas. We (crew members), are frequently treated as employees, i.e. told when-what-where we are working and what jobs we are performing. We don’t sign any contracts for work to be performed or what the timeline is, contrary to a “normal” sub contractor to contractor agreement. The owner (GC) makes these decisions and contractual agreements with the client. We are however required to turn in a weekly invoice with our names (as our own company) and hours worked on said project. I have been working on an assigned project for a couple months that went over budget for a multitude of reasons. In good faith I turned in less hours than actually worked to keep budget in mind, and spent money on my personal debit card for materials to perform the task. I have detailed receipts. I have been using my own residence/electricity, etc. to work on said project. Once the project went over budget the GC informed me he would not only not pay me hours worked, but would not refund my detailed receipts showing they were all solely for the job and not personal expenses. I’ve informed the owner of the company (GC) I am not after anything but pay for my time and personal expenses. I don’t want this to effect the homeowner, just want to be compensated and move on with my life. I notified him of my last invoice on 9/11/19 as was told the next day he would send to his lawyer and hit me with a lien, which I’ve yet to see. I’ve spent almost two weeks from initial dispute stressed, confused, and countless hours on how to proceed. Please help....Read More
What is the form I to answer a court summons in Florida .I live in NJ and building a home in Palm City Florida. I have paid my builder and he didn't pay a subcontractor, and I have reviewed a Notice to owner,a lien and Joe a summons from the subcontractors attorney. I need to answer the summons go the court within 20 days. I'm in the process to speaking to the attorney to negotiate , but still need to answer the summons. What is the form that I need to use to respond
Thank you...Read More
If an owner basically pays a bill or two out of 13 or so of the total invoices is the mechanics lien void due to the amount being incorrect? Once the 120days passes if over 1000$ they can no longer file a lien?
I'm in a project where the total left owed is around 59k but split between 12-15 subcontractors and dont want to get totally screwed over.
If I file a lien for 59k and they pay a bill or two here and there between the stoppage date and the 120day window my claim to file is void if I understand the verbiage correctly due to the total being incorrect.
Is this,in fact, true?
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hello -
who exactly is served with the lien if there is an owner and a tenant? or is it both?
Is the owner of the property ultimately responsible and then has to get the funds from the tenant?...Read More
My boss cancelled nuisance job and now ex customer is claiming breech. Went with highest company and now wants difference between bid and what he actually paid...Read More
Is it necessary to have a supplier lien release that lists a dollar amount, or would an unconditional through a date, no dollar amounts, suffice? I would want dollar amounts from our subs, just wondering if no dollars for suppliers would offer the same protection.
Sometimes we have a really hard time getting lien releases from our vendors for the correct dollar amount, as my amounts do not match their amounts. A lot of times it's due to coding the purchase to the wrong project on their end. Part of the problem is that when I submit my pay application to the GC by the 20th of the month, I don't have all of the dollars spent through the end of the month, so I have to detail what I have in my system, which doesn't always match the dollars in their system. And, you get into the coding issues as well. My GC is expecting a lien release from vendor ABC for $5,000, but the vendor shows only $3,000 got coded to the project, so they refuse to sign my lien release....Read More
We completed an installed project in Arizona for which we are not being paid. I have been told we cannot file a lien since we are not licensed as a contractor in AZ. Is this the case? If so, are we allowed to file a lien for just the material?...Read More
If not, how do I get paid on retainage withheld in Georgia for public and private jobs? How do I know when the owner has paid out retainage? Sometimes the owner may have paid out retainage to the GC but our customer has not paid us for retainage held....Read More
We hired a landscape contractor to put crushed granite & flagstone in our backyard. We paid him (by check) for the first part of the down pay on work. And when he finished we paid by check the final bill. He provided us with an invoice stating the materials, labor, My 2 check payments and final bill paid off. Contractor used a company in town called "Texas Rock & Flagstone" to purchase our materials. The job was finished on June 14 this year. Yesterday, I received a letter form the rock & flagstone company stating they never were paid by the contractor & that I have till October to pay them for the rock & flagstone or she would turn 'Me' into collections. I called the rock place, she said the contractor told her "I wouldn't pay for the job", she also told me she could put a lein on my house. I told her I paid for the entire job & that i have to both checks from the bank where I paid the contractor in full . The rock lady also sent me the 2 invoices that are billed to the landscape contractor. She also told me the landscape contractor had already owed her $600 from a previous job.
What is my legal right in this matter? I keep trying to contact the contractor and he wont answer my calls. I traced down his address the rock lady had on his invoice, it was an apartment & they said this guy ran out on them a long while back and owed them a lot of money....Read More