The State of New Mexico outlaws holding retention on subcontractors. What about landscape contractors? We have a large subcontract for landscaping around a large development and want assurance that the plantings survive. The wording on their warranty is not acceptable to us!...Read More
We are an Operations & Maintenance provider and the GC of the project wants to include the following clause in the contract, "Contractor shall not place any Lien or other encumbrance on the Facilities or the Sites."
Can
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Does House Bill 2415 -- ORS 279C.570 actually mean that you have to place retainage in a third party escrow account? We track interest on retainage withheld ourselves and pay out accordingly. Is this statute saying that interest just has to be accrued on contracts over $500,000 or that it actually has to be placed with a THIRD PARTY in an escrow account? ...Read More
The upstairs Condo leaked water into our space and caused significant damage. the insurance company for the upstairs unit is denying liability after five months of back and forth. the property is now listed for sale...Read More
I'm a subcontractor that was last onsite for my scope of work 4/18/2022. However, the project won't be substantially completed for 3-4 more months after LAHD and CASp inspections take place. This is a public funded project where the GC cannot get funded until these inspections take place and TCO is issued. The GC is not happy as we filed our lien 90 days after we were last on the job( 4/18/22). The GC is stating that we should be filing 90 days after TCO/Substantial completion occurs. What is the correct date to file? ...Read More
The new mechanic's lien I filed last week has an error. The mistake I made was the written-out dollar amount does not match the amount in digits; for example, my lien looks like this:
2. The Claimant’s claim of lien after deducting all just credits and offsets, is for the sum of
Four Hundred and Fifty Three Thousand and Four Hundred and Seventy-Two Dollars and Seventy-One hundredths dollars ($426,727.45),
As you can see the written dollar amount and the amount in parentheses are different. The amount in parentheses is correct, but the written amount is incorrect.
What do I do?
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I scheduled a customers home exterior painting project for 2 weeks. She signed the contract stating that she will pay me the second payment (out of 3 payments) once I painted 1 wall. I peeled, sanded and painted the wall and she refused to pay me as agreed and also canceled her project. Now I have no work due to her breach of contract. The contract also states that if she cancels she is responsible for time lost which is 56 hours for the week that now I am not working due to her cancelation. Will the judge honor the signed agreement and grant me the time lost? Lost of income money?...Read More
The subcontractor started a job without a contract and never sent notice to owner. The contractor had a falling out with this sub. Sub never finished and is claiming lack of payment. It has been 4 months since he started job. Does he have rights to a lien?...Read More
My customer broke contracted payment terms several times. He refused to sign a change order for additional work ALREADY PERFORMED after verbal agreement. I requested a change of payment terms and he refused to make payment. Customer reached out to my subcontractors and paid them directly to complete portions of my contract without my consent. I have HALTED ALL WORK untill new contract can be agreed upon and customer says they are hiring someone to finish the project....Read More
I'm speaking to a client about protecting the late payment and fling a NOIL to do so. I want to be able to explain to him that there is no tarnish or no record of liens that are never filed or liens that are satisfied to keep him on the positive side of this situation
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I own a business in Pittsburgh, PA and we did snow removal for a Dentist who rents in the business center where we plowed all winter. He does not own the building, but owes us around $1000. I wasn't sure what lein to file, and if it would be worth it to go through with it, since it is a rather small amount considering. ...Read More