I have a problem because the contractor I was working for fired me before finishing the job, just because I was demanding the payment he owed me for the work done, after that he doesn't want to pay me and doesn't answer my calls and He hides me so as not to pay me and I need to recover my money, so I need the help of a lawyer to be able to do it.
Tengo un problema porque el contratista al cual le estaba trabajando me corrió antes de terminar el trabajo, solamente porque yo le estaba exigiendo el pago que me debía por el trabajo realizado, luego de eso no me quiere pagar y no me contesta las llamadas y se me esconde para no pagarme y necesito recuperar mi dinero por eso necesito la ayuda de un abogado para poder hacerlo....Read More
I was going to go into business with a contractor to build spec houses. I own the land. He was to do the work and we were to split profits after all expenses 50/50. I funded most aspects of the endeavor; materials, payroll, equipment rental, cash expenditures for materials and equipment. The contractor redirected many of these funds to the construction of his personal residence. His residence is now on the market and I want to attack a lien to recuperate my funds. He actually owes me approximately $235,000. His unfinished home and 15 acres are on the market for $225,000. I would like to lien for the max amount with funds available to pay the brokers/agents and whatever costs are require to pay out escrow. I have receipts for materials, equipment rental but I made payroll ($20K) in cash at his request. We have no formal agreements in writing. He misrepresented himself in multiple ways, I discovered his is a felon on parole, convicted of bank robbery, he as no contractors license, bonding or insurance. The ONLY way I have of regaining my losses are through this method. I will ultimately be filing criminal charges but I want to see if I can get some of my money back first. I sent out a LOI to lien 8.14.22 by e-mail, not exactly sure of the date he received the letter. To add further to the confusion, in order to cover himself, he has put his personal residence in his wife's name. I'm not sure if there is any other avenue to pursue funds. I'm fairly certain he has no money. He has recently been arrested and incarcerated for violation of parole (he pulled a gun and threatened to kill someone). Yep, my mother always told me I know how to pick 'em! ...Read More
I hired a subcontractor to work for me as an employee. They worked on 5 projects. We never had an agreement on work or price of any projects. The intention was to bring them in as a full partner and absorb the assets of their business as their equity injection. They backed out, now he wants to try to go back and bill me as a subcontractor for work performed while he was a salaried employee and is contacting customers and threatening them with liens.
He did complete 1 project after his employment ended, which I paid all the costs for except for his personal labor. There was no contract and no agreed upon price. Now he has created an invoice for the work done after his employment ended and also including work done while he was employed. He does not have a written contract with me or the homeowner. I have paid out over $16k already and he put concrete for a driveway he poured for the homeowner (went around me) on my concrete account ($5k worth of concrete billed to me for a project that was not mine).
I agree I still owe him about $1k (after the 5k I paid on my account for his project is accounted for). Is he in a position to file a lien for anything more than the $1k I agree I owe him (he would be getting paid about $6k for less than a weeks worth of work, for his own individual labor as I paid everyone else directly or have already paid him for the workers he used on the project and paid directly). Can he file a lien for work he completed as an employee and was paid salary for?...Read More
My LLC provided a construction dumpster rental for a residential cleanup on a house that had burned down. We have not received payment for the final invoice and have attempt contact and collection more than four times now. The invoice is currently 30 days past due. Does this situation qualify us to file a lien?...Read More
Mr. Tootill:
I reviewed your attachment to your email below just now. Ferguson’s lien is invalid because it does not strictly comply with Ark. Code Ann. Section 18-44-101 et. seq. As I’m sure you know, it is very difficult to comply with all of Arkansas’ lien requirements and the slightest misstep invalidates the entire lien. Ferguson’s purported lien has a number of fatal flaws as follows:
1. The October 8 lien notice identifies “Ferguson Enterprises, Inc.” and “Ferguson Enterprises, LLC” as the entity/entities that supplied the materials in question but the “Lienor” on the actual purported lien is “Ferguson Waterworks”. Thus the lien claimant did not give the notice required by ACA 18-44-115.
2. The lien must be filed by the lien claimant. See ACA 18-44-117(a). Ferguson’s was filed by some sort of “disclosed and limited agent”. At a minimum that invalidates the lien and it also likely subjects “Levelset” to liability for the unauthorized practice of law.
3. The second pages of the purported lien references “the above-identified HIRING PARTY” but that party is not identified “above” or anywhere else within the lien.
4. ACA 18-44-117(a)(2)(A) requires the lien account to be “verified by affidavit” (by the lien claimant). Ferguson’s purported lien doesn’t contain an affidavit. Instead it contains a short “Signature of Claimant, and Verification” section, which was not completed by a Ferguson representative and instead by someone else, who did not swear that the facts were true. The wording clearly indicates that his purported verification, which is also referred to as a “certification”, is made “upon my information and belief that the foregoing is true and correct,” and “I believe them to be true”, but nowhere does it say that he has knowledge of the facts and circumstances that gave rise to the lien and that they are true and correct. Instead he only claims to “thereby have knowledge of the facts” because he read “the foregoing Notice of Claim of Lien” which he himself created. That’s circular reasoning. In short, Ferguson cannot seriously contend that its purported lien was “verified by affidavit”.
5. In addition, and as an entirely separate fatal matter, the “Signature of Claimant and Verification” section does not contain any language swearing that the legal description is correct, as required by ACA 18-44-117(a)(2)(A).
6. Although it may or may not invalidate the lien claim, I note that the fifth page of the purported lien document contains a check from Jim Butler Construction Co., Inc., made payable to “Bryan Hodge exc & Ferguson”.
7. Perhaps the most glaring deficiency is that ACA 18-44-117(a)(1)(B) requires that the “just and true account” (the lien) contain “an affidavit of notice attached to the lien account”. Ferguson’s purported lien does not contain anything that could be interpreted as an affidavit of notice. No affidavit at all.
8. ACA 18-44-117(a)(3) requires that the (missing) affidavit of notice contain there things: (i) “a sworn statement evidencing compliance with the notice provisions of 18-44-114 – 18-44-116”; (ii) “a copy of each applicable notice given …”; and (iii) “a copy of the proof of service required under 18-44-114”. Pages 6 – 11, which are the only pages that could possibly apply here, don’t comply with any of those three requirements. Although pages 8 and 9 do say “I declare under penalty of perjury that the foregoing is true and correct,” there is no verification, jurat, or other notary section anywhere. Sworn statements have to be made before a notary to be effective. See Rasmussen vs. C. J. Horner Co., Inc., 255 Ark. 1030, 505 S.W.2d 225 (1974) “The lien account is neither verified by the clerk nor does the evidence show that any oath was given. Without question, under our cases, one or the other was essential … To make a valid oath or affirmation there must be some overt act which shows that there was an intention to take an oath or affirmation on the one hand and an intention to administer it on the other; for even though such intention actually did exist, if it was not manifested by an unambiguous act, perjury could not be based thereon. If the attention of the person making the affidavit is called to the fact that it must be sworn to, and, in recognition of this, he is asked to do some corporal act, and he does it, the instrument constitutes a statement under oath, irrespective of any other formalities.”
Also, Exhibit 3 is unsigned, not notarized, and is only one notice. It indicates that it was sent by certified mail (and gives the certified mail numbers), yet “the proof of service required under 18-44-114” is nowhere to be found.
9. Finally, the actual “NOTICE TO PROPERTY OWNER” language is what is commonly referred to as the “commercial language”, which only applies under ACA 18-44-115 to “nonresidential real estate” and “residential real estate containing five (5) or more units”. I think everyone would agree that the property in question is residential real estate but it does not contain “five or more units”.
10. Many, many Arkansas cases recite something along the lines of the following, which is from Books-A-Million, Inc. v. Arkansas Painting Specialties Co., 340 Ark. 467, 10 S.W.3d 857 (2000):
The crucial issue before us is the construction to be given Arkansas lien statutes.
In particular, whether the notice provisions of Ark.Code Ann. § 18–44–115 are to be strictly construed, thus requiring strict compliance, or whether they can be satisfied by substantial compliance. We hold that strict compliance is necessary. Any statute in derogation of the common law will be strictly construed. Although the General Assembly has the power to alter the common law, a legislative act will not be construed as overruling a principle of common law unless it is made plain by the act that such a change in the established law is intended. Hartford Ins. Co. v. Mullinax, 336 Ark. 335, 984 S.W.2d 812 (1999). It has long been held that mechanic's liens are in derogation of the common law. The materialmen's lien and the construction money mortgage lien are in derogation of common law. Both are creatures of the legislature. The legislature is presumed to know the decisions of the supreme court, and it will not be presumed in construing a statute that the legislature intended to require the court to pass again upon a subject where its intent is not expressed in unmistakable language. Rhodes v. Cannon, 112 Ark. 6, 164 S.W. 752 (1914); Spickes Bros. Paint. Cont. v. Worthen Bank & Trust Co., 299 Ark. 79, 771 S.W.2d 258 (1989). In Valley Metal **860 Works, Inc. v. A.O. Smith–Inland, 264 Ark. 341, 572 S.W.2d 138 (1978), we stated, “Our lien statutes are in derogation of the common law and we construe them strictly since they provide an extraordinary remedy that is not available to every merchant or worker.” See also, Christy v. Nabholz Supply Co., 261 Ark. 127, 546 S.W.2d 425 (1977); Dews v. Halliburton Industries, Inc., 288 Ark. 532, 708 S.W.2d 67(1986); National Lumber Co. v. Advance Development Corp., 293 Ark. 1, 732 S.W.2d 840 (1987); Gray v. Nations, 1 Ark. 557 (1839). … The notice provisions contained in these statutes must be complied with strictly.
11. If this lien is litigated, the loser pays the winner’s attorneys’ fees and costs under ACA 18-44-128. Ferguson’s purported lien is a cloud on my client’s title and is causing damage. Ferguson has through the end of this month to execute and property record a lien release. Attached is one that will work. I’ve been instructed to file suit in the first week of January to declare Ferguson’s lien to be improper and invalid if the release is not filed by then....Read More
I was dispatched to a job in a role of an overseer/supervisor/babysitter. My job was just to take pictures of the work that was being performed by another company so basically I was a 3rd party oversight. Is this something that I can file a mechanics lien over?...Read More
Im a subcontractor and Ive sent a notice of intent to the builder in regards to the balance he still owes, but he has commented on the document stating he doesnt know what we are talking about. But we have copies of agreements, conversations ect and now needing to know our next step ...Read More
Uncle performed work as GC and was paid. Mother died on Jan 3. Jan 6, uncle files mechanic lien for same work claiming non-payment. I have checks and the pictures of the work completed 12-28. Uncle forwards mail from deceased sister to his house. Jan 20 uncle transfer utilities from property to his home. He is also using the workshop/boat storage shop as his workshop and storing property such as a front end loader in the pull through building. How to defeat the Evil Uncle?...Read More
I'm working with a subcontractor that performed work for a GC on a project. They typically don't get paid for 60 days so, once the job was completed they requested the final amount, but never received it. They missed the 75 day window to give notice to file a lien so, they never ended up filing a lien against the building. The owner took control of the building and has been in operation for 6 months now.
Is there any recourse at this stage since they missed the opportunity to give notice then file a lien?...Read More
I’m the person in charge of all the labor workers ontop of a metal roof warehouse the subcontractor hasn’t payed me my checks +$10,000 bonus he promised with his word also he hasn’t payed 4 workers $1,000 checks to them but he says he dosent has money ...Read More
I have had my car in a mechanics shop waiting on them to fix it since July. I had full coverage insurance and a claim on the truck when it s went in they filled a mechanics lien and sold my vehicle without ever having permission from me to work on it and without ever presenting a bill told me they were still fixing it after already serving the lien what can I do to get my vehicle they have had it removed from the property without my permission they have stolen my car...Read More
I am recently divorced in Arkansas. The 2008 2500 HD GMC truck was ordered sold. I have not seen this truck in almost 2 years because my ex-husband drove it out and hid it. Now his mother has filed a mechanics lean for almost 7,000.00 because she loaned my ex money to buy a new motor. She filed the lean against myself and my ex and I never knew or consented to the motor. What can I do to remove the lean?...Read More
We own a 2013 Dodge Caravan. We filed for bankruptcy on Oct 22 2019. The Caravan was included in the bankruptcy. We tried several times to contact Bank of America without success. We recently were able to contact them. We told them over the phone and also sent them a letter we were charging them $25 per day storage fee. A reasonable amount in Arkansas. As of today 9/19/2020 they still haven't pick up the van. Will I be able to get a mechanics lien in this situation???
My e-mail address is ardrickman@yahoo.com. Please let me know...Read More
Hello I’m dealing with a customer that refused to pay the remainder of the work bill. Leaving me with 10k in debt with the local lumber shed and 4 k in labor not to mention the taxes and everything else. I sent him a preconstruction agreement before the jobs started, with levelset and the jobs been done a month now without settling. What do I do from here...Read More
My father had a house, totally run down, that had not been lived in for better than a year. He had continued to make the house payments. Someone offered him $30,000 for the house but he still owed $40. The house really needed to be bull dozed, i.e. rotted flooring, holes in doors/walls, floor in kitchen flooring falling in, ceilings, doors ready to fall off hinges, locks couldn't work because of having been kicked in too many times. Windows falling out due to cracks in walls, structure needed to be leveled with appropriate inside/outside work to complete leveling of house. House was partiality bricked, brick wall had moved away from structure and was falling apart. As I stated, the house needed to be bull-dozed. It was unliveable.
My father and I worked out a verbal agreement for him to continue to pay the house payments and I would gut and repair the house. I was to move into the house when it was finished and was to take over the mortgage. I had told him I would pay him a reasonable equity agreeable to us both.
I have completed the work on the house, Basically, gutted the house to the studs and outside walls, flooring and most of the windows. New bathroom remodel, tub/sink/commode, tiled bath/shower, fixtures, flooring, and walls. New floors, with flooring and carpets, knocked out wall between living room and kitchen giving open concept which is so desired now. New kitchen cabinets, counter tops, appliances, faucets, and flooring. Repairing flooring where needed due to water damage. Took out the house trailer sliding door and installed a regular outside door to the backyard. Put in a new front door b/c the original had been kicked in so many times it wouldn't lock. Closed one bedroom door from hallway and made another doorway for the room in the front room by the doorway. Had house completely leveled. Removed the half-brick outside and replaced with siding. Repaired the outside deck and attached it to the house. Had steps built for the deck. Had the debris/trash and overgrown vegetation removed from the outside property. Paid someone to remove the trash from the house. Sadly, it was filled with trash and dirty clothing, etc. I had gutted the house to the studs so new drywall had to be installed. The entire house on the inside has been painted.
I either paid someone to do the work or did the work myself. My father hasn't paid for any of the work or purchased anything that has gone into repairing or replacing appliances or fixtures.
Now that I have moved into the house with my fiancee my father has said he will have the house appraised and will refinance the house. He expects me to take over the new mortgage. There is no mention from him of payment to me for any of the renovations, installation of new appliances, tub/showers/sinks (kitchen/baths), or work that I've had to pay someone to do or have performed myself. I have labored for months renovating this house that should have been dozed to begin with.
My question: Do I have a leg to stand on in the State of Arkansas? My grandmother, his mother, has suggested I file a lien on the property so that he can't refinance the property.
This entire mess has split our family and is causing me considerable pain and lots of sleepless nights. I'm out better than $20,000 dollars for a house that was to cost me some equity and around $40,000. A house payment that was around $500 and if refinanced will be in excess of $1,000, guessing.
I am trying to start my own business. I am a young man just beginning my life. I try to take care of the people around me. Probably trusting too much. I am the sole caregiver for my mother. My mother and father divorced when I was three. I have an older brother and my grandfather/grandmother, my dad's mother. We are a small family. As I have stated, this is tearing our family apart. If my dad does this my brother will never forgive him and I'm pretty sure my grandparents will never get over it. I need help!
...Read More