A regular customer (active for over a year) recently went out of business. No preliminary lien notice was filed (i.e. deadline was not made, so nothing was filed) to secure lien rights. If we cannot file a lien or put a claim on the contractor's bond, what can we do? We are the subcontractor for the project....Read More
I have a little bit of original contract work left on the job. I supplied material and performed installation labor. My office slipped up and did not file an NTO. Am I still able to file an NTO? ...Read More
Hi Lawyers:
I hired a General Contractor to build an "in law" house on my North Carolina property. There was no officially set delivery schedule on the time and materials-ish contract. The project is near done, but has taken 2 years, through multiple excusable and inexcusable delays. We had a serious talk, and I demanded he needed to communicate ahead of additional; work, and delays. He agreed, claiming he had gone through a "personal rough time". 3 months afterwards, more delays, causing the electrical utility to postpone connection. The GC has stopped returning calls for the last 2-3 weeks. He failed to provide the utility (Duke) a response to required paperwork.
Do I need to take any action before getting a lawyer to help with this ? What kind of law firm?
Thanks...Read More
Valid Pa contract for 15% is in place. The insured does not want to pay us. We took them from 0 to 70K now you know the routine, the 3-party checks are in and they want to negotiate the contract....Read More
We are a third tier supplier on a project in Texas (G.C. - Sub-Contractor - Supplier) that hasn't been paid since our product was delivered and invoiced in January, 2022. We were unaware of the required notices until now. Is there still a way for us to file a lien? We are located in New Jersey, the project was in Texas Thank you,...Read More
I have a customer requesting a lien waiver, but we have not yet billed for the warranty fee. Should I wait to sign the waiver until the warranty is billed? ...Read More
We are a sub-subcontractor providing temporary construction labor only on a large renewable energy site. The GC is self-providing , so our client (the subcontractor) and the GC are one and the same. We missed the 20 Day Preliminary Notice by 4 months. Do we still have lien rights?...Read More
The home we bought, we were initially led to believe a builder I knew was building house…Later we find a young 20 something year old boy who works at local bank is supposedly building it under the person we thought was building it’s license. Intent was always to sell. (He was never building home to live in himself). So we end up in a builder/seller/buyer deal where as seller we are caught between builder seller…the boy got his money & is dismissive, irresponsible & very coy about repairs…He had started building his second home under this home builders license & I thought he had to wait 2 years after 1st house & become licensed?...Read More
I have filed a construction Mechanics lien in California that is coming due to file a lawsuit in 6 days. I would like to move forward with this. Can you help?...Read More
I have a question regarding the Prime's delay in submitting a subcontractor's invoices to a vendor for payment. My business provided work for a Prime contractor. They are now rejecting invoices that are over 1 year old, even though we submitted these invoices in a timely fashion. Is there any requirement for a Prime to submit all invoices for service provided within a certain time frame? Or can a Prime hold onto a subcontractor's invoices, without submitting them to the state, for an indefinite period of time? TIA...Read More
I'm a subcontractor hired once it became apparent that the previous company hired wasn't completing the project in a timely manner nor doing a quality job. When I was hired I was told to take the initiative to complete the project, I tore down a ton of the bricks that were already laid and redid all of it and have been getting strung along getting paid $200 here $100 there $500 ones and I wanted to know how much I'm able to be paid on a private construction party in Wisconsin for a residence as well as how I should proceed really...Read More
Hi - I am a residential homeowner in California who has been in a dispute with a contractor who did some work on my property and have been served a mechanics lien that was sent by Construction Notice Services, Inc. The link appears to have been recorded on my property as per the letters. The amount of the lien is roughly $1,000, which is what the contractor believes they are still owed.
I believe this lien to be invalid both because the terms of the contract have not been fulfilled by the contractor, and the deadlines for filing the lien has passed (the job was substantially completed 9 months ago. Questions below. Thanks in advance for any insights.
Questions:
1) How can I check to see if a lien has actually been recorded properly?
2) Is it worth it for the contractor to enforce the lien given the monetary value ($1,000) of the dispute in question? How much does it cost the contractor to actually try to enforce the lien?
3) They also put an interest charge from when they believed the payment to be due of just under 2%. Are they within their rights to do so?
4) Assuming the lien is invalid, what are the next steps I should take to try to remove the lien from my property, and how long does this process take?
5) Are there any repercussions for the contractor or the company that they used (construction notice services, inc) for filing an invalid lien that doesn't meet the required timelines?
...Read More
I hired a contractor to complete FHA repairs and the contractor not only did not complete work, but the work he did, did not satisfy the terms of the contract...Read More
I did a garage door replacement that this customer begged me to do even after suggesting to get other estimates ect. (Initial conversation about the job November 2021, Door ordered March 2022, Received and installed by May 13th 2022) when the door finally arrived, the very next day we were on it and stayed on that job for a total of 2.75 days. Let me back up to pre-order, I informed the homeowner , at that time, there was literally a garage door shortage across the country and everything was on back order from the standard doors to of course the custom doors and her particular door is a foot wider than the standard 16 foot garage door that is stocked and predominantly used in all residential applications for the bigger doors. I informed her that it would be much quicker and would be in line with her timeline as she was trying to get this done as quickly as possible due to some safety concerns and I explain to her what the benefits would be in ordering a standard door and what the cons would be in ordering a standard door and one of the cons would be that she wouldn’t have as wide of an opening but we would gain about 4 1/2 inches in height from the loss of the width on how this door is manufactured. The most important thing to this homeowner which was stress through many emails was that this door get done as quickly as possible and it be high enough to fit her jeep with a lift kit inside the garage and there was no mention of any concern with the width throughout our conversation from November till May it had only been reiterated the fact that it should be high enough and done as quickly as possible so I explain to her that we would be taking 6 inches from either side equal 1 foot which is what we were lacking in terms of measurement and width from the custom door to the standard door well she claims that she was never told that she was going to be losing that amount in width or she would have paid extra to have the same width door as she currently had on her home. Well through this process because of the community that she lives in which is an upper class village of townhomes that are 500 K plus and she had to have the door approved through the H O Way and through the Architectua bored in order to get the OK to have this particular door installed which is the same door that she’s claiming I switched on her without her knowledge and basically went rogue and did my own thing with this entire project is the same door that was originally on the estimate in the very beginning was the same door that got approved through the architectural board, and through the Hoa ( which she sent me a copy of that approval and where they had a board meeting and voted to grant her request of the door and authorized my company to complete the replacement and was the same door all the way through the entire project there was no switching of any doors through the process.) the size the shape the color the design the window layout all the exact same as what was written up at her request in Jan. 2022 She did continue to stress The height on every other email which I knew we were going to be fine with just by doing the simple math. So on the evening of day two of install I text her and ask her specifically about the build outs and if there is anything that she didn’t like about any of it and if so now is the time to bring that up so we can change it while we’re out there for the last day and her reply was as long as my jeep fits I can live with the rest but I’ve just been too anxious to go down and look at it but my roommate/dog sitter/girlfriend she did show me pictures and I’m just nervous that my jeep is it gonna fit . So we finished up the next day and programmed the door with remotes and got everything operational and took pics and videos of everything working and we packed up the old door included and left the property and I emailed her the invoice 5,000.00 and told her that it was due upon completion and she can remit payment the same as the last job and gave her the options…..This is where all the focus is now on this build out of 6” on either side and how she isn’t paying until a solution is reached and how dare I not consult with her ect. I tried to ask amicably and I have maintained my professionalism throughout this whole ordeal minus one email where I stated she was worse to deal with than my 2 year old is about as bad as it got from my end. From that point forward I have had zero contact with her and all my attempts have been ignored to collect payment. I did send the notice of intent and then I sent a payment reminder and then filled a mechanical lien and it’s sense been recorded with the clerk and is now listed, still no response, this is where my question comes into play bc I’ve already got a case number from local law enforcement and was told a week later that this was a civil matter and to go to small claims court…..I don’t have money like this lady has and I certainly do need the money owed bc my business is in danger of having to close down because of a couple of jobs that are taken way longer to pay and the labor and materials I have to supply up front so I’ve taken a pretty good hit with this one and just would like to know what’s next bc I don’t anticipate a response from her at all. Sorry for the long summary but was hoping someone could please take the time and read the scenario and possibly give me some type of direction here. Thanks. ...Read More