We hired a handyman to do work around our house, but fired him due to prolonged finish times and things getting started and not finished. He damaged some walls and ruined carpet in a room. He also completely broke out attic ladder. We have hired a GC to repair and finish the work. The HM is now asking for $7400 more. He is charging twice for the same work and for work not completed and work not started. What is our recourse in this situation? I’m being warned he can file a lien. Some research on this HM shows several news articles where he has scammed other homeowners and has posed as a GC. We only received 1 invoice from his wife (realtor that brought him into the situation). There was not a contract or anything else given to us. He gave verbal amounts except for the one invoice....Read More
The following two clauses are included in a contract we're reviewing:
11.3. To the fullest extent permitted by law, Subcontractor for itself and for its subcontractors, laborers and materialmen and suppliers and all others directly or indirectly acting for, through or under it or any of them covenants and agrees that no liens or claims, whether a mechanics’ lien or an attested account or otherwise, will be filed or maintained against the Project or premises or any part thereof or any interests therein or any improvements thereon, or against any monies due or to become due from the Owner to Contractor or from Contractor to the Subcontractor, for or on account of any work, labor, services, materials, supplies, equipment, or other items performed or furnished for or in connection with the Work, and the Subcontractor for itself and its Subcontractors, laborers, and materialmen and suppliers and all others above mentioned does hereby expressly waive, release and relinquish all rights to file or maintain such liens and claims and agrees further that this waiver of the right to file or maintain such liens and claims shall be an independent covenant and shall apply as well to work, labor and services performed and materials, supplies, equipment and other items furnished under any change order or supplemental agreement for extra or additional work in connection with the Project as to the Work covered by this Agreement.
11.4. If any subcontractor, laborer, materialman or supplier of the Subcontractor or any other person, directly or indirectly acting for, through or under it or any of them files or maintains a lien or claim, whether a mechanics’ lien or an attested account or otherwise, a mechanic’s lien or claim against the Project or Premises or any part thereof or any interests therein or any improvements thereon or against any monies due or to become due from the Owner to Contractor or from Contractor to the Subcontractor, for or on account of any work, labor, services, materials, supplies, equipment or other items performed or furnished for or in connection with the Work or under any change order or supplemental agreement for extra or additional work in connection with the Project, the Subcontractor agrees to cause such liens and claims to be satisfied, removed or discharged at its own expense by bond, payment or otherwise within ten (10) days from the date of the filing thereof, and upon its failure to do so Contractor shall have the right, in addition to all other rights and remedies provided under this Agreement and the other Contract Documents or by law, to cause such liens or claims to be satisfied, removed or discharged by whatever means Contractor chooses, at the entire cost and expense of the Subcontractor (such cost and expense to include legal fees and disbursements). The Subcontractor agrees to indemnify, protect, and save harmless Contractor and the Owner from and against any and all such liens and claims and actions brought, or judgments rendered thereon, and from and against any and all loss, damages, liability, costs and expenses, including legal fees and disbursements, which Contractor and/or the Owner may sustain or incur in connection therewith.
What I'm reading here is that, essentially, we're not allowed to place a lien on the property?? Am I understanding this correctly? And that if anyone of our associates does, the Contractor will satisfy the liens with funds owed to us?
We tried to have this stricken from the contract, but the Contractor told us that, per CT State Laws, even if it's in the contract, we can still file a lien but I can't find anything to back this up online. So I wanted to ask before sending this in. ...Read More
I'm a contractor and I am currently doing a project with a client and I feel like she may not pay me. How do I implement something saying if I don't receive payment in full there will be a lien...Read More
A sub was not paid by his GC for work performed in December of 2021. On May 16 of 2022, the sub's lawyer filed a Lien against the homeowner. On the affidavit, the date was backdated to April 12. However, the official county clerk's filing record shows its "Filing and Redording Date: 05/16/2022 2:01 PM".
Has the sub missed the deadline or it's OK to file late as long as your affidavit date was marked within the deadline?...Read More
We are the HVAC suppliers on a private job in Texas; Our customer is going to purchase equipment that will be stored in a facility for a period of time BEFORE reaching the jobsite. Are "stored materials" lien notices filed on in the same manner as normal purchases? Or are there special timelines for stored material. How are our lien rights effective if we stored the materials in an offsite storage facility we are paying for vs a storage room the customer is paying for? Thank you ! Pam Deiorio AR Manager at Mechanical Reps, San Antonio Tx....Read More
I run a staffing agency and I provide a maintenance technician for this property management company. They are $9700 in arrears. I do have a credit card on file and the company has agreed to pay in $500 increments every two weeks until they are paid up and will pay sooner. That being said, it's a lot of money and they have a property they are selling that is pending. Can I lien that property? Thank you! - Brendan...Read More
A Mechanic's Lien was filed for the outstanding contract balance. Currently there is additional work completed on change orders. Can you add the additional amount due to the current Mechanic's Lien filed? Or Can you file more than one Mechanic's Lien?...Read More
ok - question... my husband is a driver for a construction company - they build solar structures at school as other sites. When he is working on site - should he as a driver who loads and unloads machines and materials be paid prevailing wage? He brought it up to his supervisor one time because someone mentioned it to him and while he was working - but he was quickly shut down when he asked about it.
We were just wondering how to find out.
Thank you...Read More
We had a check stolen out of our mailbox over a year ago and they won't pay us til the bank has looked into it. Its been over a year now and we still don't have a replacement check. We want to file a lien on it. ...Read More
I'm not a contractor nor do I have a license, but I was approached by a woman in January to rig down a truck mounted drilling rig (small scale for geotechnical sampling) mounted on a Ford F550, design, fabricate, and remount the same rig and get it ready for operation. I finished on April 13th, sent an itemized invoice payable on May 9th, a very reasonable amount of $1,050, she paid half the invoice but will not return messages or calls now, even though I have sent a notice of past due. She told me the truck/rig would be put up for sale, point being if she has or does, I won't see another dime. I don't have a contract but I have plenty of proof the work was requested by her, an invoice was requested by her, statements by her that she would pay by the due date, and that the work was completed, tested, and turned over to her. Questions
1. Can I file a mechanics lien?
2. If yes, do I have to give notice before, or after I file the lien?
Thanks,
Karl...Read More
We are the general on a job in Wyoming. 22-029-2512
The amount owed is 100% of the approved quote $8280.34
Last date worked is 5-3-22
The preliminary notice was NOT filed at the stary of the job
Do we still hve the ability to file the intent and lien?...Read More
I am a 1099 sale rep for a national flooring chain. i have an Arizona LLC that they pay when projects are completed. Two issues. im sure i lose the 1st one. The product offered an 8% commission on the sale. It was $42k. The product arrived for install and the warehouse sent the WRONG color and wrong rogue name on upc barcode label. I stressed it was wrong. Quite obvious gray tone when she picked a brown tone. Customer goes sideways and choses another color. That new color is not 8%, its 4%. I lose $1600 instantly due to Warehouse error that everyone said was my fault (how????). Second, regardless....it is now two months since job was completed. I have been asking for payment for about 4 weeks. Crickets. "Head AZ Market Manager" and all others ignore my emails and texts. Here we are... ideas. thoughts? The company is POORLY managed in AZ. Im not sure about other regions. thank you Brian...Read More