I hired a contractor to paint the interior of my house and I agreed to provide the paint, and all other supplies. I purchased 2 five gallon buckets of paint for the walls and then an additional five gallon bucket for the ceiling. 6 tubes of caulk and 6 rolls of tape, 6 paint roller covers and 10 paint trays.
My house is 1281 sq ft. He started on a Monday and when I met up with him on Saturday ALL ten gallons of paint were used and hardly any of the ceiling paint was touched. All the tape was used, none of covers or trays used. And only half of the caulk was used. Unfortunately he had only done ONE bedroom completely, the second bedroom was originally white and only had one coat and it was all streaky. The hallway was a disaster. The master bedroom had two coats but needed the trim to be completed. Then the dining area and kitchen were spotty and the living room was untouched. Now he is wanting $1980. The paint itself was over $400. I had to fire him as he had only done two things right. Patching the walls and caulking some of the baseboards, not even all of them. What are my rights?...Read More
We've historically cut joint checks for any conditional waivers that a subcontractor provides for its sub-tier subcontractors/suppliers in a given billing period. We currently collect a list of sub-tier subs/suppliers at the beginning of a project and add to the list as they become known to us (typically via preliminary notices or notification by our field personnel). Through the rise of waiver/payment services such as Levelset, I've been introduced to the concept of a sworn statement document being provided by the subcontractor each billing period to capture the amounts owed to sub-tier subs/suppliers.
Joint checks have always been a point of contention with subcontractors and they also create difficulties with the move towards utilizing electronic payment methods. Add in the reduced security in recent years with the increase in ATM and mobile deposit use (we've had subcontractors mobile deposit a joint check directly into their own account with no issue) and it just seems like there needs to be a better way.
How well does collecting sworn statements each period, backed up by waivers from each listed sub-tier sub/supplier, protect us? Compared to the use of joint checks? We primarily operate in Arizona.
Thank you....Read More
I live in Arizona, Pima County, I am having a house built and want all contractors to sign a release from lien so that they can not come back and place a lien after paid. I am ensuring that all contractors provide quotes and want to ensure that I am covered what is the best document to use.
One question I've never been able to find the answer to is this:
What is the impact if a conditional waiver (progress or final) is short paid? Say that the conditional waiver was written for $998 dollars and the subcontractor/supplier was paid $989 dollars in error. If an issue were to arise, would the court find that the subcontractor was still owed $998 dollars because the condition of the waiver wasn't satisfied, or would it find just for the delta of $9 dollars that was still outstanding?
If jurisdiction matters, we do work in AZ and CA.
Brandon Hubbard...Read More
We've had a private construction contract going with a contractor for over 13 months in Arizona to construct a spa/pool and backyard BBQ/kitchen as well as install hardscape tile and artificial turf. This is a significant investment (over $110K) for us, and the contractor essentially refuses to complete the project citing COVID-19 at every turn. Through February 24, 2021 we'd payed 90% of the total contract cost, but received approximately 70%-75% completion. Between October 2020 and February 2021 we've filed two complaints against them with the AZ ROC, and in retaliation they recently served us three preliminary 20 days notices in less than a week claiming we owed them money for work completed. The only outstanding monies owed to them were for the last interim/progress payment that would be due at the beginning of pool/spa interior prep...that hasn't begun nor have they delivered any materials to our property or told us that they are beginning to work that project milestone. However, to show good faith we paid off the final $10K hoping they'd actually start putting some effort into finishing other uncompleted milestones. After they received the final payment we requested an unconditional waiver and release pursuant to ARS 33-992.01 and 33-1008. Since we didn't have a payment bond (entire project has been paid in cash), can we require the contractor give us an unconditional waiver and release? We say yes...they say no. ...Read More
A file was created in Levelset for one customer, but a separate homeowner with the same name was tied to the job.
A mechanic’s lien was then filed, and the unrelated customer is understandably upset.
1. Can we remove the name of the unrelated customer from the lien without having to cancel the lien?
2. Will this have any permanent affect on the unrelated customers title?
Regarding filling out liens. As a GC, the bank is requiring my Subs to fill out partial and final lien waivers. The Partial waiver seams self explanatory in filing out. The Final Payment lien is not as clear. Bank is asking for Unconditional Waiver of Release for Final Payment. Getting past the Job Name, Contractor, and such I come to "hereby release any mechanic's lien, . . . . in the amount of $" ? is this in the amount to the full SubContractor Contract amount or just the amount of final payment. The SC has signed, and received money, one or more Partial Liens. Final line, after the signing, is "Amount Paid". ? again, is this the full amount of the SC Contract or just the final payment amount?
I have reason to believe a general contractor I deal with might not be on the up and up with payments all the time. I, therefore, do not feel comfortable signing an unconditional until their payment clears the bank. I thought that was the whole purpose of the conditional waiver. However, they have been paid retention back on 3 jobs from over 3 months ago. They email me pics of the check, with unconditional waiver copies I am required to sign and return BEFORE they will release the check. I had to threaten filing the lien before I was even shown any check from them. They were ignoring my calls until then. Isn't this illegal? I thought they had 7 days from their payment to pay me? (I'm the plumbing sub by the way). I explained I would be glad to give them the signed unconditional as soon as it clears bank. I even explained how the conditional serves the same purpose as the unconditional once payment is made to me. They are digging in their heels and will not release the check to me. Am I wrong? I don't want to fight this and find out I'm the one off base here. ...Read More
Handle liens for manufacture/install company. Filed 20 day preliminary notice for a project in Gilbert, AZ. Project will start in a week or so prelim was sent early. Recevied call from owner of building requesting that we dismiss the lien immediately. From researching online and within Levelset our office had concluded that we are in the right in filing the preliminary notice. However the forum that Levelset provides is a great place to learn so I thought I would pose this question. Thank you all!...Read More
We hold the property as an LLC and yet we received two prelien, one to the LLC the home is held in and then to my husband and myself in our names. Do I have to return both? We do not want to be individually responsible hence the LLC.
Thank you ! Diane winter ...Read More
I am looking at loaning a friend some funds to construct his new residence. Concerned about mechanic liens. Could I hire your company to handle? As lender I will pay all bills. He will coordinate and supervise construction. What I would like - have subcontractors or suppliers give me invoice and I would write them a check after they sign a lien release. Again, can you company handle?...Read More
We have a job open for a customer who is sending over a conditional waiver for March and April at the same time.
We are unsure if it is ok to send both back at the same time if payment has not been received for March yet.