My understanding is that I have 21 days from the moment I break ground to file a pre-lien. If a pre-lien is not filed that I am unable to file a mechanics lien later down the road. So basically, within the first 3 weeks of starting a new project, I must file a pre-lien in order to protect my rights as a contractor if I was to ever want to move forward with an actual lien? I just wanted to verify that this information is correct and I'm nto misunderstanding any part of it?
Thank you,
Aaron Chapin
aaron@zonarestoration.com
480-277-1766...Read More
I did not take the preliminary steps to secure my lien rights and now we’re worried about not getting paid on a project… what are our options? What if a NOI or lien do not work?...Read More
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Our existing process has been to update the primary contract pre-lien with the subsequent change orders. This however does not favor the sub-contractor, as I don’t want the lien dates to be continually reset for relatively small change orders. I would prefer, if the change orders are over $1000, to submit pre-liens on those and let them stand on their own.
I have an example of a primary contract order of approximately $150k. The primary job is now complete and I want the lien clock to start, so I will press for final payment within 60-days, on the outside. We may be getting a change order for around $1500, which I would like to treat separately and not reset the clock on the main job.
Is this an acceptable approach and fall within the lien rights of sub-contractors?...Read More
Customer hired our company to remodel his gym, and has an outstanding balance and keeps delaying the payment. The first and last invoice was paid by his finance company. He still owes the second invoice of close to $40,000.00...Read More
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Should the subsequent lien waivers list the correct address of the work, or the incorrect address shown on the preliminary notice?...Read More
I'm working as the Architect / Engineer on a project in Arizona. If we’ve already since a Pre Lien Notice to the owner of a property, but now we’re working for a different client, do we need to send another notice?
Same Owner / property….different client....Read More
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We are at the end of a home remodeling project, and have paid partial amounts along the way. We received our final invoice and it includes change orders that were not at the price given by the contractor. It also includes a 4 month old bill for HVAC subcontractor stating that it is a change order, and that we owe it (plus the contractor's 20%). Our contract states these changes must be agreed in writing by both parties. There is no communication regarding this bill or that it wasn't part of the original contract.
I told him we disagreed with these items, and included his e-mails with the original $ amount for the approved change orders. I said we felt the HVAC was not a change order, and was part of original contract. I then said how much I agreed to pay. He replied that he disagrees and full payment is due otherwise no more work will be done (a minimal amount it left).
Today, I received a prelim 20 day notice (that he mailed before he sent our final invoice). I'm worried he can file a mechanic's lien even though he seems to be breaching his own contract. I had given him a partial payment of $5000 instead of $9700. After my calculations, I feel I owe him another $1000 or so. I'm not sure what to do next?...Read More
Currently we have a project that is at 95% complete, due to some issues we have been notified that we will not be finishing the project and another general contractor has been hired to finish the last 5%. we have only been paid to approx 75% completion and the balance owed to us just for the last bit of work. Currently we are owed 11500. just for the work that was done. Can we now proceed to file a lien because they won't pay us or do we need to invoice them and have it rejected? I notice the law uses the term at completion but technically the job isn't complete yet and we won't be completing it so can we not file until the other contractor completes the project. Just looking for guidance so when we do file the lien its in the proper order of operations and at the correct junctures of the project.
Thanks!...Read More