I am a home owner who contracted with a solar company to install solar panels. Let’s call them company A. Company A then subcontracted the actual installation work to a subcontractor… Let’s call them Company B. We have paid Co. A everything we owe them via financing that they provided us. However there is some tiff going on between Co. A and Company B. Company B claims they haven’t been paid for our work, and Company A says that there are some other things going on that Company B needs to clear up on other projects before they will pay company B. I don’t know where the truth lies, and as far as I’m concerned it’s none of my business. We just got a notice that Co. B is planning to file a mechanics lien against us, the homeowners, even though our contract was not with Company B. It is not US that owe company B....Read More
I'm a GC for mitigation and reconstruction in Texas. Can I file a TX Constitutional lien on clients who have passed the standard mechanic lien deadline? If so, would I use the same Lien Affidavit to file with the county clerk's office? Would I need anything extra when I file? Thanks!...Read More
I have been threatened by ERX to have a mechanics placed if I do not pay the full amount charged for water mitigation/remediation done in my house. ERX stated through a voicemail (which I have) that they would accept what my insurance company provided (which is approx. $800 less than what they billed). I promptly paid ERX the full amount of what my insurance provided when I received the ERX bill, plus worked with my insurance company to negotiate an additional amount to be given by ERX after review of work that ERX provided. That still leaves about $800 unpaid. I have not heard whether ERX is going to proceed with a mechanics lien for the last $800. My question is whether I can/should ask ERX to provide me with an unconditional release from any of claim of mechanics lien since I am not going to use them for the restoration portion of my claim and they have cashed both checks I sent to them for the mitigation/remediation portion of the claim. Thank you so much for your advice!...Read More
I have a carpenter that did work at my property never completed the work but us demanding full payment I have receipts of other carpenters finishing jobs that he was suppose to Finnish. He sent a notice to file lien. My house is currently under contract how do I avoid interrupting the sell and defending a fraudulent accusation?...Read More
This is for a job in Tennessee. We are a supplier on a commercial job. I sent our notice of non payment but the system is telling me my deadline was 9/16/21. Our invoice does show 6/18/21. Based on this can I still file a lien on this? ...Read More
I was asked to leave half way thru the job so I was only half way done and now my customer is trying to back charge me for work that wasn't completed. ...Read More
I am a plumbing subcontractor working on a commercial job for a GC. The GC is refusing to mail my payment to me (which is already 30-60 days overdue) unless i sign an UNconditional waiver - or they refuse to mail my check. I tried to explain how the waivers (unconditional/conditional) work- but they are obviously do not understand the concept. They keep telling me they refuse because they can't leave themselves unprotected and it would be "bad business"- and that I am the "only sub on his jobs that seems to expect these 'special conditions'" and that I am "misconstruing the lien laws." We are only halfway through this pretty sizeable project-and I would rather file a prompt pay act violation than filing a lien-it's not the property owner- I know the owner has paid the GC- so I am not looking to make problems for the owner if not necessary.- but the pay apps were approved long ago and there are no issues with my workmanship- it is all the GC just not wanting to pay me. I am about to have a meeting with the GC and they have stated to me they REFUSE to release the money to me without that unconditional-so I just want to have my "ducks in a row" and say with utmost confidence that they are wrong- and it is breaking the law to hold my money for ransom for that waiver
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What is the best methodology for terminating a contract when the Owner originally had a multi-prime agreement and contracts were issued (but no work had begun) and then the project moved to a Construction Manager model and the CM issued contracts directly to the subs (who were the original multi-prime contractors). A deductive change order does not seem in order. Would a termination be better?...Read More
We are a Electrical Contractor working in SD, NE and IA. We are doing an Arc Flash Study at a Facility. We would be on the Customers Site typically one day then we would go back to our SD Office and run reports / studies to complete the Arc Flash study and send the Finalized report and findings to the Customer with the invoice.
How can we protect our payment? What would we need to file? Any pre notices to send to customer?...Read More
My contractor never finished the job and now has put a lien one year later on my home. The lien is very faulty and I sent him a demand letter and pointed out all the mistakes in the lien. I was told by the secretary that he's never filed a lien so I was a experiment. He's also inflated cost, added attorney fees and interest. I just want the faulty lien off my home. Will a bad faulty lien even hold up in court?...Read More