I missed the deadline to file the Preliminary Notice,
start date sept 26
end date oct 21
but my client made a change order on Oct 24 and added a small expense to the project. Can I file a prelim notice based on the change order date? and will that cover the entire project? or just the change order?...Read More
We are the GC , we did not have a contract with the property owner, just a tenant. The invoice is around 450K.
We did not file the 20 day notice in time but filed the lien. Do we have a good lien , can we foreclose under the circumstances ?...Read More
I am having push back on retainage billing. In some cases the retainage payment doesn't come for months.
What order do I have to send notices and liens when it applies to retainage?
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In the state of VA... if I have completed the work without a contractors license, can I get one after the fact in order to file a lein? I do have LLC and liability insurance. Around $7k is owed to me...Read More
we are a supplier/manufacturer. we have a contract with a subcontractor to provide some material. We do not have a contract with the GC. our customer has been asking for a lien waiver but keeps insisting we need to sign off on it as if it says we are dealing with them and with the GC. (They want us to sign a notary statement about their payment applications to the GC.) This doesn't seem right since we are not a party to the prime contract. What are our next steps in this situation?
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We were a subcontractor working on a project and never received payment for the completion of the project. We have filed a mechanics lien on the property, but have not received anything from anyone or had contact with anyone about the project. We are under the impression the general contractor in no longer in business. What is our next step?
Also, our mechanics lien is coming up on 90 days, should we extend this? ...Read More
I am the prime contractor on a project with constant change orders and delays from the homeowner. She wont return my calls or emails. I sent a notice of intent to file on September 9th, 2022. Can I still file a lien?...Read More
We have placed a mechanical lien on a third person's property due to a non-full payment, after a court appointed Receiver of the third person's property committed fraud and did not properly pay us in full. We filed to enforce the lien and now opposing counsel has said the following:
As it sits now, unless your client (ME) recovers $48,000 or more, it constitutes a slander of title which, as I am sure you know, could result in substantial monetary damages and attorney's fees.
There are several ways to resolve this. I could bond the lien. However, the bond premium becomes a cost and again, unless your client recovers more than $48,000, he pays the premium. A second way would be for me to file an action against your client to expunge the lien. Because it is on a third party's property and your client's contribution to the project was not a permanent improvement, but rather a service, and also because of the contract language spelling out the overweight charges, which have been paid, I would expect the court to expunge the lien and defer the matter to the arbitration. If that happens, your client gets stuck with the costs and attorney's fees. The final approach would be to have your client release the lien and we can defer the matter of payment, if any, to the arbitration.
Why bother filing a mechanical lien if opposing counsel threatens this type of action even though we are valid with our lien?? We are a Dumpster Rental Business and as such do not need to be a contractor to file a lien per Levelset. Opposing counsel says that removing 102 tons of debris from a property is not a "permanent improvement." How is this even possible?? ...Read More
My company was hired to do a job at a public university in Oxford Ohio to supply landscape materials "Turf Grass Sod" the Job started August 10th, 2022 and our last delivery was dated October 10th, 2022. Payment terms for this job were Net 30 so the billing shows them as only 23 days Past Due...Read More
We are a GC who was requested to leave project prior to completion. We left site and sent final invoice for work completed. We received a bogus reply with a multitude of reasons why they now say we owe them money. I want to move toward legal action before it is to late....Read More
Hi,
I am a 20-year-old contractor who cannot get a b-class license because of my age,
my grandfather however has a sole propriety license and is willing to convert it to an LLC.
Can I act as one of the owners while using his license if he does so?
thanks...Read More
We have a situation where we are doing a stair remodel and only the husband signed the contract to perform work. Now we are about to have to file a mechanic's lien for final payment due to customer non-payment. I am concerned about the wife having not signed....Read More
My car was towed after my son was in an accident. Metamora Motors will not let us obtain our personal belongings in the car without paying a whooping 300$ for towing. Is this legal since the insurance settles?...Read More
I received an unconditional progress release and it is thru 11-1-2022 and states 0.00. Does that mean they have not been paid anything thru that date?...Read More