I'm a general contractor and a project I worked on has received its temporary certificate of occupancy. Myself and my sub contractors are owed money on the project and the owner couldn't pay so the bank/lender took over the property. I would like to file a mechanic's lien on the property but I did not file a 20 day preliminary notice when the project started. Is there a way for me to file a mechanic's lien without completing a 20 day prelim notice? The work that I am owed money for was completed more than 20 days ago. This project is located in California....Read More
We hired a contractor to do design and construction work, in separate, sequential phases. After the design work was complete, we terminated the contract without cause (for reasons unrelated to the work performed). It is undisputed that we had a right to terminate without cause. The contractor is seeking lost profits in an amount equal to 15% of the proposed budget, which it alleges it is entitled to under UT law. The contract is silent as to any payments being due on a termination without cause. Does UT law nevertheless provide that a contractor is entitled to "lost profits" in connection with a permitted termination without cause?...Read More
I filed an intent to lien on a customer whom is located in Denver. My business is located in Houston, Texas but the project is located in Denver. I went on Levelset and put in the answers to the questions I was being asked. The intent to lien was sent out on July 11. I visited Level Set today to find the status of payment if any. Found out today is the the deadline to file the lien. Are my options now completely gone?...Read More
I’m a subcontractor who hired a crane company for a project. They filed a Notice to Owner and is demanding we pay the NOC fees or they will file a lien against the customers property. Is this legal?...Read More
I am from out of town and hireD a contractor to rehab my home he took over $35,000 and did not complete the work it has been over 6 months and nothing I need to sue.
I need a lawyer to handle demand letter and start process of civil suit.
Thank you
Joann Rivers
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The first phase was to get the permit for a room Addition. The service deposit was given. Project total: $130k. The contract spells out the scope of work. My Administrative fee and fees associated with secure a permit was the first phase $28k. The main timeline for the project would start after this phase was completed. I explain the permitting process can take longer than usual. This phase did not entail detailed design it was the more technical aspect of the project. Explained, the general permit would leave room for details in the next phase: design and construction phases. The owner, at the conclusion of this phase, submittal of Permit Application, decided to put a hold on the project because they felt the design phase was to be done before submitting for the permit. General design layout was given and explained that the permit would be general enough to allow for the details in the next phase. The client waited until all the administrative work was done and the permit application was submitted, in which, I coordinated my Subs, designer & structural engineer to give their input and letters for the permit application a 45-60 day process, all covered under this phase $28k. Next phase, the client wanted to stop work & request a refund of my fee. Am I obligated to give a refund? ...Read More
Had shingle roof replaced a year ago. Still under warranty. Leaks were detected in the walls. Investigated the source of leak, which is from the flashing. Flashing was not replaced when roof was replaced, nor was I charged for it. However, looking at shingle installation instructions the product required flashing to be replaced. Additionally, roofing company came out when leak was detected to investigate and caulked some seams and other various locations which voids the warranty and signed a document stating as such along with stating that the flashing must be replaced. Roofing company does not want to take responsibility for the damage as it is well above 50K based on damage inside and outside of the home. Do I have a case? What kind of lawyer should I be looking for? Who can I talk to?...Read More
Can my customer hold back a $6700 check for a contract that I finish the tile floor and demo but on a separate verbal contracts are damaged and scratched on the door so they’re withholding my $6700 until the damage is fixed the scratch All the work in the contract has been completed on the verbal second contract we did indeed scratch the door where the nail that hit another nail and scratch the pocket door solitary I’m not denying responsibility but that’s on a separate invoice what do I do...Read More
I have had a customer ask for a deposit back. To me it is a lot of money $3900.00. It has been well over his right of resition (3 days) it has been almost 2 months. The call for cancelation came 4 days before we were to start. I now have to look for work for my crew and I am out the potenttial profit. What should I do. I am in Wisconsin if that matters....Read More
In Ca I own a design / build firm . Phase 1 is design and I charge for those design services . If not paid for the design work, can I file a pre lien notice and ultimately a lien if necessary ? Thx...Read More
According to Levelset we missed our deadline to enforce our lien. The GC states to contact their attorney but they don't return our calls. What can we do to get paid on this project?...Read More
We are a subcontractor that filed a NY Mechanics Lien in February 2022. The customer does not intend to pay us for work performed so we would like to enforce or foreclose on the lien now but there is conflicting information online on when we can do so. Must we first extend the lien before it expires before we can enforce the lien or can we do it now?
Thank you....Read More
One invoice was for poor work which the contractor promised my wife and I would be refunded because he agreed the work was poor and not necessary ( because he sent a young trainee to our urgent response). The other invoice was a bit earlier which I was asking questions regarding the need for the work carried out and the Freon added (unnecessarily). I could not get email responses so I went to Amex - to get his attention. I assumed no issues with first invoice and just wanted a response to my questions for other invoice . I had 2 independent HVAC contractors review the work and state the Freon and work was unnecessary and probably not done (or not done properly). My emails to contractor got one response. He said “he does not do emails) and hence will not respond. This is when I went to Amex. Amex found in my favor and told me that the contractor voluntarily agreed with the finds of Amex and refunded my charges. Contractor then , a week later, issued notice of lien on my house if not paid in full . This included the invoice he promised my wife and I that he would refund. What are my options. He has obviously done this before because Amex has confirmed that a few contractors now do this to take Amex out of the loop and go straight to the home owner. My point is that I did pay. Amex then disputed charge directly with contractor and contractor refunded. This should be done and dusted. Contractor did not have to refund to Amex if they were convinced that their charges were correct. They decided to do so. Their lien states that I have not pain for services carried out . But I did pay....Read More