I have a lien on my home due to my estranged husband being sued. He was in prison when he was sued, so there was a judgement placed against him. The creditor then put a lien on my home. My home that he was never on the title for, as a matter fact, at time of purchase he actually signed away any interest in the home. How do a get lien removed?...Read More
In CA is it against the law or any code to file a mechanics lien that is not the correct amount. Can the lien be voided or invalidated because it is not the correct amount?...Read More
I have been contacted by the title company requesting the Original Demand along with a fully executed original release. My questions; What is a fully executed original release? Can I add the cost for the filling, release of the lien, and late fees? Thank you again...Read More
The customer claims my work had to be redone...I know for a fact that they're lying. I did the cabinets, and have been in contact with the countertop guy. They didn't remove anything and are putting finish on it now. They got 33k in extras before terminating me. No lawyer will take on the case so I've been having to deal with their attorney directly and he is making threats. Can someone tell me if I should just walk away? Is a frivolous lawsuit something I can defend against?...Read More
I have a question that I can’t find the answer to regarding the timing of vendor releases. Here’s the scenario. I’m a first-tier sub to a general contractor and I turn in my progress billing on the 20th of each month with a conditional releases. I then soon after start the process of requesting an Unconditional Progress Release from each of my vendors for the previous month. When I have all of my vendor releases, I give them to the general contractor and they release my payment. The exception is for my first billing as the vendors will not have filed prelim and I get paid without any vendor releases.
This is how it’s been for me for the last 20 years as best I can remember. I now have a new project with general contractor that is requiring that my vendor releases be through the same month that I am billing before they will release my check. My argument to them is, “you are getting paid by the owner without my Unconditional Progress release for the same month.” Thank you for your time.
Thanks,
Scott Van Diest
Van Diest Bros., Inc.
15315 Lakewood Blvd., Paramount, CA 90723
Office 562.232.2801
Fax 562.633.0414
CA Lic. 157555
...Read More
I filed a lien on the incorrect address, then amended the lien at the proper address. How do I show the property owner of the incorrect address that the lien is not on their property?...Read More
I was a sub on a project the. one of my vendor filed a mechanic lien for late payment on my customer property. I took care of the payment and requested for record of lien release. after going through hoops i got a hold of the lien company. they told me they recorded a lien release with the county. My customer is hounding me for the info. is there a way to get that info from the county that it has been filed....Read More
Hello,
GC sent a payment for an October and November payment. However we still have a second November invoice open. They are requesting an unconditional. Is it safe to submit an unconditional and list second November payment that is still open in the exception box?...Read More
I'm run a solar sales organization. I have a client who paid cash for Solar, Roof and a new HVAC unit with ducting work. The HVAC construction company I subcontracted fir the job was a total mess. He came out to give an estimate and while we were still negotiating the projects cost. He started the job without a signed agreement between us and without any form of pdown payment exchanged for him to begin the job. He installed the unit that he knew a part in the furnace was on a recall. So it didn't work. He left a whole in the drywall near ducting system. He left gaslines unvalved and then was unreachable when we were trying to get him to schedule to come back to fix all the issues he had left on the project unfinished. We had to hiring another subcontractor to correct the issues inorder to pass the HERS test. Which added to the overall project expenses. When we sent him an invoice of the additional charges to fix his mistakes and for having abandoned the project. We deducted the additional expenses from the verbal agreement he made with us at $12,500.00, we did not hear back from him. In fact we have still not heard back from him since. However, he filled a Mechanical Lien against the homeowners and their property for $14,000.00. The lien he filed is fraudulent we never signed a subcontracting contract with him or his company at any time during the process of the project and installation. The property is in Napa County but their court house says the lien wasn't filed in their courts jurisdiction.
I need help getting to a resolution for both the homeowners and my company.
Considering that this contractor has numerous suspensions and violations on his licenses. I have a feeling that the lien my have been improperly filed and granted. Is there a way to determine if he also committed fraud when having the lien put against the homeowners property? How can my company dispute the lien validity in order to have it removed and/or expunged?...Read More
Hi, I have filed a lien on a job and the customer is now willing to pay. They've requested a conditional final. Is that still the standard document that I should use to agree to remove the lien? Or is there a 'conditional final for lien removal document' or something to that effect?...Read More
Can the officer of a construction company enforce a mechanic's lien which was properly recorded in the county in which the property is situated if (1) the lien was recorded with the individual officer's name listed on the lien as the claimant, rather than the construction company itself which performed the work, and (2) the individual officer listed is NOT the RMO associated with the company's license, but they ARE listed as "personnel associated" with the company's license on CSLB's wesbite?...Read More
Our client has a habit of asking us to provide a UNCP Release the moment the check has been cashed. However, payment hasn't cleared our bank. To my understanding, isn't there a grace period or civil code that our client should be following in the State of California that they need to legally wait to inquire on having us (General Contractor) to provide an UNC Progress Release? Somewhere thru the grape vine, I thought it was 7 days from when payment has been received/cleared bank. After this, then they can technically ask for us to provide. Am I mistaken?...Read More
Hello there,
I have a lien filed through you guys for Parkwest General contractors. They are saying that they only owe the retention which was included in the original lien I filed. Ae there special rules for retention? ...Read More