I have a property management company that did not compensate us(the general contractor) for our services, but at the time we did not know about 20-day notices. We are well past the deadline, but i was wondering if I can send a notice of intent to lien to possible urge them to pay their balance after we have requested for payment to no avail or to maybe get someone to get them to due their do diligence with out any real backlash legally on our end. We work in Arizona....Read More
I am a subcontractor that is currently working on a project that is upwards of $1 million. We have been on site for a little more than 3 months (started in August). Since we have a very good relationship with our GC, we usually do not have a lot of issues in getting paid. Although, since this is a big commercial project, we want to be protected the best we can be. We did not file a 20-day prelim notice before starting the job. Can I still file one? Or if we were to get into trouble with getting paid by our GC, can I still file a mechanic's lien even if I did not submit a prelim notice? What is your advise to be as best protected at this point in time and moving forward with this project since we will be on site for another 5 months. ...Read More
As a homeowner, we signed contracts to have renovations to our house in Fall of 2019. Work technically began in Jan 2020, then ceased till April. Turns out the contractor had their license suspended for 3 months by the state during that time. In any case, work was provided off and on from late April till late July, though not complete per last contract signed mid May 2020. They submitted the 20 day prelim in mid August, about 25 days after last onsite date. About 190 days after prelim we have received a Notice of Claim of Lien. The "first provided services/materials date" is falsely filled with the date they were last onsite (late july, not Jan or even April when most work began). Do they have any legal standing? We believe they provided false info for the Notice of Claim so the agency would process it and bully us into an overpayment. A majority of the project was already paid for, and we would pay for what was provided but the asked amount is demonstrably more than services rendered. Thanks....Read More
We were doing a "lease to own" with the "to own" part agreement in a handshake (we have learned our lesson there). Now the owner wants to sell the home for almost three times what we had agreed to 10 years ago. We have no problem moving, but if we had known we were not going to own, we never would have put in the landscaping. We have asked him to compensate for the 35 trees that are 10 years old, some 30' tall, Over 3000' of irrigation and electrical in the ground, 140' of black wall 4' high, shrubs, firepit, paver paths, sidewalks etc. I would like to put a lien on the property. We have tried to talk to him, he will only text and ignores our requests. Short of cutting down the trees and taking our firewood, I thought a lien might be the better way to go. Do I need to do a 20 day prelim?...Read More
My question is im a landscaper who was looking for rock quotes for a job that im working on i was looking into prices when the next day from call 1 company on a quote the next day rock was delivered when i hadnt agreed to there price when rock was delivered i asked if i needed to pay or sighn anything they said no every thing was good.now the company called threatening with putting a lean on my customers property can they do that with nothing being sighned...Read More
I entered into a contract with contractor for work. I gave a deposit for 20% ($100) that I though was for agreement to do work. The stipulation was the company had backlogs and I agree to 4-6 weeks delay. At week 5, 6 and 7, I sent numerous requests through their answering service and email requesting a date of work to be done, to no avail. I finally said on the last email, if you don't contact me, tonight, I am cancelling the job. I finally did receive a call 4 days after my email requesting the job to be cancelled. The person calling was rude, intimidating and said if I want out of the contract I have to sign a "resolution agreement", meaning he holds my deposit unless I say I will not, "file any outside complaints, posting negative or verbal slander originating from me and will void and reinstate original contract in full."
Since I refused to sign such resolution which I believe violates FTC rules and the Consumer Review Fairness Act which prevents business from demanding such an agreement, he now threatens to take me to smalls claims court (for my $100 deposit which he still has), place lien on home and sue me for the full amount of work that was supposed to be done ($509). I understand, keeping my 20% deposit but suing me for the full amount for work NOT scheduled, Not started and/or Not completed? I sent three emails saying I do not want to do business with his company. I believe that is fair notice to resolve and show my intent, no? Can he sue me for the full amount of contract work not even done?
Thoughts?...Read More
Verbal contract which included several things: grade yard after removal of pool and soil compaction, removal of trees and hardscape. Price quoted included a large tree he then refused to remove. We paid another contractor. He will not adjust our price, likened us, and will not show receipts for the fill dirt and its delivery....Read More
I work for an Architecture firm trying to send a lien notice to a client in Arizona. The notice template Levelset provides states there was no payment after the construction of the project. However, our project never entered the construction phase, we made plans for the client and stopped receiving payments before reaching construction. Would this of verbiage still protect us in the state of Arizona?...Read More
I am a general contractor that had a sub on a project. His contract had 4 options on it each with a price and or draw amount for that option. He was paid 50% to start. I received a draw request from him to continue with the project. A check was mailed out to him on the day of the request. Hours later that day we were terminated from any further work to include all of our subcontractors. The subcontractor was notified the following morning when they opened for the day. He then cashed the check he was sent one week later (the day before our meeting to go over the job) for work he has not done and will not be doing. He has since sent an intent to lien to me and the property owner for the remaining balance owed on the contract, again for work he has not done and will not be doing. On the intent to lien much of the information is incorrect ( lot number, parcel number, dates of the project, etc.). What is your advice on this issue. Thank you!...Read More
Just finished TI of commercial property for which I’m the tenant. I hired and paid the HVAC contractor 95% of the $150k+ contract. Contractor only paid 50% of the equipment and is now ignoring contact. Can the supplier put a lien on the property?...Read More
We never preliened this job and we haven't been paid since December. Justin suggested sending a notice of intent but how can I do that when we never sent them a preliminary notice. The GC is saying because of corona virus payment has not been seen....Read More
I am a subcontractor for a GC in the state of Az. A property management company hired GC to do service work orders on their properties ( water extraction, dry out, rebuilds etc..) I have proof that the GC has been paid, but he is making small payments to myself. He has a contract written with property management company but I do not have a contract . Terms were net 21 business days, accounts are now between 40-60 days past due. What rights do i have , can I file a notice of intent to lien with property management company ? ...Read More
WE INSTALLED HARDWOOD FLOORS FOR A CUSTOMER DOING A REMODEL ON THE ENTIRE HOME.
WHEN WE COMPLETED THE FLOORS AND INVOICED THE CUSTOMER SHE SAID THAT THE STATE OF AZ
ALLOWS HER TO HOLD 10% OF ARE PAY UNTIL THE WHOLE REMODEL IS COMPLETE.
SHE STILL HAS NOT PAID AND IGNORE MY CALLS AND EMAILS.
WHAT CAN I DO?...Read More