I am a general contractor working on a large "digester" project in AZ. Work began on 5/10/2021 and notice was sent on 5/28/2021, completion of work is not determined yet but will likely be Q3 of 2021. Levelset states that we missed a deadline to file notice to protect our payments - how is that?...Read More
I got a 20 day lien notice sent in to me and signed it disputing. The company never sent an actual bill to my house for services and billed me way more than the initial verbal agreement for the scope of work. I do not want to pay them the amount they are putting in this lien due to never having agreed to an amount above the money verbally agreed upon. They will not send me any contracts I have signed as I asked them for these. This looks like a very deficient lien but, I don't want to have it against my property. Can you provide any assistance?...Read More
I hired a mold damage remediation company. They have failed to provide the certificate that the unit is now mold free. Now they are threatening to file a lien on my property. Without that certification that the unit is mold free I can niether rent or sell the property....Read More
We gave a windows and door company half of the project $ amount for them to order the doors and windows. We just received a notice of furnishing from the manufacture. Should I be concerned?...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
I have several new construction jobs that have gone on longer than a couple of months since I first filed my preliminary notices and the scope of work has changed increasing the contract amount. At what point should I revise or reissue my preliminary notices in order to make sure the entire time period and scope of work is now covered? Thank you. ...Read More
I am a general contractor that has completed a residential refresh on a house in preparation for sale. I have worked with this client on a variety of projects for the last 12 years and have never had a payment problem, so I didn't issue a preliminary notice. This project is more costly than she expected and she is balking on payment. What is the best route to secure payment?...Read More
I had hired a company, 1st impressions Ironworks, to build and install an iron gate. The cost was $2600. I gave them a $1,300 deposit to build and install the gate.
A VERY long time later, they came to install the gate. While installing the gate I noted that the gate was manufactured backwards. The side with the iron work design, which is supposed to face the street, was facing the back yard and the side with a completely flat side, was facing the street. The install technician was a contractor hired to install the gate and told me not to make the final $1300 payment to ensure this would be corrected.
I then reached out to the salesman who sold us the gate. He put me in touch with someone else at first impressions. This individual presented us 3 options:
1. Remove the gate and build it the way we actually ordered it while screwing plywood over the opening until it’s done, in which 1st impressions could not even offer a timeframe for this, causing a major issue with our HOA.
2. Add a small decorative piece to the upper part of the gate facing the street while it’s in place. This would have required us to submit these changes to our HOA and wait for an approval.
3. Leave the gate how it is, built and installed backwards, and receive a 15% discount on full price of the gate.
We agreed to the discount on this gate since dealing with our HOA was proving to be a major issue for us. Also because having plywood screwed over the entry posed a major issue for us as this gate is the entrance to the secondary structure we had built for business purposes. That would have impeded our business and again, 1st impressions could offer no timeframe whatsoever as to how long that would take therefore we elected to accept the 15% discount on the gate.
Since the original price of the gate was $2600, we were to receive a $390 discount off the price of the gate. As we had already paid them $1300, we should have owed them $910, the remaining balance after the discount was applied.
First, 1st impressions attempted to collect the full $1,300 balance. I kindly reminded them of the 15% discount they offered due to their incompetence. I then was billed $1105. After doing some quick math I realized that first impressions had only calculated the 15% discount off the balance due of $1300, not off the actual price of the gate, $2600. I notified them NUMEROUS TIMES we were more than willing to pay 1st impressions the agreed upon price which would include the 15% discount.
Recently I fell ill with Covid19 and during the time I was ill I received a voicemail from 1st impressions demanding that we pay them $1300 or they would send us to “collections”. Today in the mail we received a letter stating that a mechanics lien for $2600 has been filed.
I feel legal representation is currently warranted and would
Like to discuss my options as we feel 1st impressions has failed to live up to their agreement and is attempting to overcharge us for this item.
What legal recourse do we have as customers and what should we do?...Read More
We are the general contractor on a commercial remodeling project in Arizona. Is the general contractor required to file a preliminary notice or an Intent to Lien before filing a lien? We thought only our subs would be required to file a Preliminary Notice. Would an email to the customer and their subsequent reply suffice as Intent to Lien and acknowledgement of delivery? ...Read More
If we have a job we are currently paid in full and have not been on the job for 60 days, can we now do a twenty day notice as we start up again.
This was contracted as a time and material electrical job on a new build home in Arizona.
We are a little concerned as to whether we start up again without filing for a twenty day notice based on the generals disorganization on the job and how long it took to get paid on the previous work ...Read More
What does a "real exception is wage earners" of #1 of this artical mean? I am not a contractor and did various work for the owner of the property(i.e. painting, built shelving, did yard work, cleaning, etc.) just about anything that did not require a license. Did I need to file a 20 day preliminary lien?...Read More