Job has gone from $70,000 to 240,000. Can the current Preliminary notice be edited or create a new prelim? If a new one is made, should be for the whole amount of just the additional amount?...Read More
We have a homeowner who is saying the tile job is not in workmanship shape and is refusing to allow us to ahve the ROC inspect it and hasd filed for mediation. What right do we have for our inspection...Read More
I am the customer in naples Florida, the contractor hasnt come back to finish for over 6 months. The work is horrible and I would prefer to have someone else finish the job. I paid him half and he is threatening me with a lien. Can I fight it and if so, can I hire you to help me. Craig Silverman 516-298-1400...Read More
Water Damage co. had wife sign contract w no license #, no pricing, no estimated time of completion, no details on materials to be used, no cancelation info. Only lists equipment left. Invoice months later shows numerous other unexpected charges totalling 40k. They only dried up home from water heater leak n left drying machines for 8 days. No demo involved. Now threatens to put lien on home. Is this legal? Enforceable? He does not tell me his contractor license #...Read More
Hello,
I live in Colorado and I have a question regarding the new Retainage law HB 21-1167. I work in construction and have multiple projects. We have a lot of schools and Hospitals. The new law was just brought to my attention by another General Contractor. I would like to know if the contract was written after the law passed and the General Contractor listed 10% withholding are we held to that 10% because it is in the executed contract or does the Retention limits in the new law override the contract?...Read More
I am a first-time homeowner, and my wife and I hired someone to install gutters on our house. The whole process has been horrible, the company we went with barely communicated with us, and pushed our start date back multiple times which I get suppliers have been bad. But when the day finally arrived to have them installed the installer came out and installed them, we did a final walk-through where he didn't point out any issues. 2 days later when they sent the final invoice for payment it rained and it turns out the gutters weren't working ( we have video evidence of them not working) So we refused to pay and decided just cut our losses and tell them don't worry about coming out to fix it we will do it ourselves or find someone else. We even have an email from them saying that they knew what they were doing wouldn't work but they still installed them anyway. How should i proceed with this if they do in fact file a lien on my house?...Read More
We are a subcontractor that was contracted to complete painting projects for DRI restoration. We have been extremely patient and tried ot be understainding with the owners illness, moving offices, and busy schedule. We have run out of options and they do not care at this point. I haven't really ever had to deal with someone not paying. So I need some guidence here on what my options are. ...Read More
Hi there - Let's say, for example purposes, that there was a foreclosure on the project. How would the value get liquidated so that the mechanics lien laws provide payment to the mechanic, subcontractor, and suppliers? Specifically, would the bank issue payment - and would there ever be a scenario where the mechanic could purchase the asset, with subcontractor/suppliers as an interested party on the asset (partial owners, let's so 10% each)?...Read More
I have a friend that I brought on to a remodel project. She had no money to invest so instead she offered up her husband to do work in lieu of her investing. I told them both from the start that he would be working for free for her to work of the amount she would need to have invested. Her husband did about 80%%20of the demo. There became disputes about his work and my friend decided to walk off the project and take her husband with her. We had no written or verbal contract with her husband. We had no contract written or verbal about paying him money, especially if he walked off before demo was completed. Now my friends husband is demanding 40k for work done (demo only on job not completed) because it took him 5 mo to complete the 80%%20working around his full time job. We pay 5k interest only per mo. to our hard money lender and stressed this multiple times. Now the husband wants money for hours worked not for partial job done and has presenting us with a 75dollar per hour bill for the 5mo it took him. He has given us a 20day notice of intent to lien. Is he within his right?...Read More
Regarding Class 4C apartments in New Jersey.
If the subject is a proposed development of say, 24 apartment units for rent with no retail at ground level, is the subject "residential" or "commercial" for lien purposes?
Notes: project still under construction. No CO. Prior class was 15D, religious (demolished)....Read More