Property owner is requesting a release of lien for a small payment made a few weeks ago. We are currently awaiting a wire for the full amount owed on the project. Lien deadline is next week. Would a partial release or conditional partial release on past payments effect our lien rights?...Read More
Doing a project with a new GC for a job in GA. Received waiver templates, and they have the following notice at the bottom:
NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE WAIVED AND RELEASED ANY AND ALL LIENS AND CLAIMS OF LIENS UPON THE FOREGOING DESCRIBED PROPERTY AND ANY RIGHTS REGARDING ANY LABOR OR MATERIAL BOND REGARDING THE SAID PROPERTY TO THE EXTENT (AND ONLY TO THE EXTENT) SET FORTH ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 90 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE AN AFFIDAVIT OF NONPAYMENT PRIOR TO THE EXPIRATION OF SUCH 90 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. § 44-14-366.
Is this a legal, required statement in Georgia. We've never had this on any other waiver. We don't want the onus of having to follow up the payment status on this project, after providing a waiver, to be on us. I'd appreciate your advise.
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We've filed a Mechanics Lien on a residential project. The client will not respond to any form of correspondence. I want to make sure we file to enforce the lien within the 90 days allowed.
What does this typically cost and what documents will you need from me?
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I am a surety broker and there is a chance one of our client's is going to have a Mechanic's Lien filed by a sub due to negligence of one of their subs that started a fire on a jobsite. Our client would be looking to bond off the Mechanic's lien and I was wondering if they need a Surety Bond for this and, if so, is there a particular format to follow. I have never a Lien situation in Indiana before, so this is new to me.
Please advise and Thank you very much....Read More
Hello I did a job and all I had left were touch ups. The customer decided to take on the touch ups themselves and not pay the money they owe. There was a signed contract ...Read More
Supplied materials and labor and made return trips and finally picked up the temp power pole in July. What are we able to do at this point? Just signed up with you guys, we have requested payment to no avail...Read More
I submitted a lien that contains interest and legal costs and was told to only do a lien for actual cost owed and so I resubmitted a new lien for actual cost . What I need to know is when should I cancel first lien . New lien won’t be in play till sept. 9th...Read More
Good aftenoon. A contractor that we do work with, we had to file 2 notice of intent's on yesterday. Today they told us that since they have been notified of it, they will need a signed lien release in order to issue a check. That doesn't sound right. I guess I'm curious if that's something we should consider or if it is common....Read More
Our company has a contract with a homeowner is Pennsylvania and we ordered custom materials for her project. She placed a 10% deposit down upon signing the contract and we ordered the materials. Months later she now wants to cancel the project and forfeit her deposit. Our custom materials and expenses exceed the deposit and we would like to place a lien on the property. I know we can do this for custom materials for a project in other states (without it being installed on the property), in Pennsylvania are we able to place a lien for custom materials? ...Read More
I hired contractor to start work first week of August to repair the back bathroom floor that was sinking, which adjoins the washroom. This was an insurance claim, and the previous contractor unknowing to us, never did the back bathroom floor, which was now sinking. Insurance company authorized us to find a contractor to fix the bathroom floor to include raising or removing the furnace next to bathroom floor to repair underneath that too. Contractor said it would take no more than 2 weeks, had a crew of 4. I had researched this contractor on 7-23-20 with L&I to confirm that he was a licensed and legitimate contractor. After more than 2 weeks went by and the work appeared to be never ending since the contractor only had one (1) worker who every came and worked, and the contractor himself never did any of the work. After paying the contractor over half of the insurance money, since it kept dragging out and the one worker was telling me he wasn't getting paid until they finished the job. I started to calling the contractor and asking why it was taking so long, and he kept telling me they were almost done, and would be done in a few more days. That did not happen. There were also multiple times when the contractor did not even show when not respond to my calls or text and his one worker finally quit too by the end of August 2020 (we found out later this worker had a heroine drug addiction, and even showed up one day and no one could get him to wake up and get out of his car to work). I had been working on deadlines for work for a couple of weeks, so could not easily go to the home and keep checking on the work the way I wanted to so asked my family. They said it seems like the guy is never going to get the job done, and they were starting to worry about some of the work that was being done when contractor had brought a second guy in and found out that he was not experienced in construction at all. In fact the contractor, instead of working, was giving instructions to the new guy on how to do everything all day long. I finally got really upset cause the contractor kept telling me they were almost done, but yet I did not see that, and when I showed up in person Wednesday, Sept 9th, I couldn't believe the kitchen floor, which he convinced both myself and the insurance company that he had to tear up part of and repair since it was originally done right. He had added plywood in the middle of the kitchen floor that was raised up nearly 1/4 inch higher than the rest. When I said something, he said don't worry we are going to putty it and fill it in. I was really concerned then but he promised me they would have it all nice and lay the vinyl for the bathroom, washroom and kitchen by Friday. I had to leave to get back to work. So I showed up Friday to meet the contractor and go through the home room by room to look closely at all the repairs with him and see how the vinyl looked. Only to show up and he was a no show. This had already happened multiple times, and he always had these major excuses which I believed for a while, but then finally felt like there was something majorly wrong and maybe the job would never get done. He had a tough time showing up, and only had one worker showing, said the rest quit just before he started my job. We agreed that I would pay him half up front and the rest when done, but after one of his workers called me 2 weeks into the job nearly crying because he hadn't been paid, I ended up giving the contractor more money so he could pay his worker. My stupidity. After 2 to 3 weeks into the job, the contractor kept finding more errors from the previous contractor two years earlier. who never fixed the bathroom sinking floor from a washer leak. The home is a disaster, and I told him he was done, and if he wanted to discuss to meet me at the residence. He never showed....Read More
We provided and installed quartz, granite, and quartzite countertops, but we did NOT get a signed contract from the builder or the home owner.
Home owner is refusing to pay us the $25,600 he owes us because we did not finish the work as he wanted it done (when we DID do it as outline).
What are my rights?
We CAN prove we did the work (through our shop tracking software....Read More
The Volusia county permitting Dept is requiring all NOC's to be filled out with all owners names on the NOC's for permitting. We were not notified of this request until after submitting a permit application. I have always used the name of the person signing the contract. I do not understand why I would have to list all owners, as often there are several. Also they require Certified NOC's, therefore, it is approx $30 to record NCO, and now I will have to pay double to make changes to the recorded NOC's?...Read More
We filed a mechanic lien at property address 1028 Rose crt Park Hills Ky we received payment and now we have been received emails from an inspection company by the name old republic insurance company saying that the check was sent in error that we needed to send it back via fed ex with attached documents for release a lein and request for bonding off mechanic lien documents attached so I don’t know if I should send the check back it’s already been deposited in our business account but I don’t understand why I should have to return a check that I have been waiting on the payment to be made since we performed the work thru 8/24/21-10/16/21 that we never got paid for ...Read More