we have a signed rental agreement ,but the wrong tax rate got put on the signed agreement. . is this the tax rate difference lien able on the project?.. or is this not able to lien . customer was notified right away that a change order was needed for the incorrect tax rate, customer refuses to make change order & pay the additional taxes on the equipment rental .
I would have to review the contract/PO itself to provide you a useful opinion. Very generally speaking, if the wrong tax rate was placed in a contract which was then accepted, you would not have a legal right to a change order and, so long as the other party met the terms of the contract, they would not be in breach and, likewise, the shortfall would not be the proper basis for a lien. If there's a fair amount of money at issue here, this is certainly worth taking a closer look at with an attorney.
If you would like to do so, you can reach me directly and my office can take a look.
Very best,
Ben House
281-762-1377
ben@houseperron.com