Good morning I am hoping you can answer some questions for us regarding an issue we are having with being paid for a completed roofing project. This our first encounter with this type of situation. We filed a mechanics lien with Humboldt County, it was recorded and returned w/o any indication that it was rejected or not valid, we are unsure what to do next since half the information I am finding states that the Lien would not be valid w/o preliminary notice being filed and delivered to customer/property owner within 20 days of starting a project, we were unaware of this. My husband has been in the roofing business for over 20 years and has never known of any preliminary notice having to be filed for each project. We have also spoken with others who have had contacting projects done through various contractors and have never received a preliminary notice. We do include in the estimate a "Notice to Owner that informs customers of the mechanics lien if n the event that payment is not received and/or being disputed. Is this "Notice to Owner" document enough. And if not what do we do now? How do we collect payment for work that is completed and owner is refusing to pay due to charges for additional work that he authorize and disputing amended warranty for specific areas where owner refused to authorize work to be done. Thank you in advance....Read More
We wanted to confirm this order is still active and current. We have still not been paid by this client. We also want to know if this lien ever expires and if so what are our next steps to make sure we stay on top of this lien....Read More
We are a supplier (Calif) and I sent the prelim notice as soon as we received the purchase order. This is a custom item and will not be delivered for another month. The customer is telling me I have to sign an Unconditional Waiver & Release on Progress Payment for March and either a Conditional or Unconditional Waiver & Release on Progress Payment for April. I have not billed them for anything yet and will not bill them until the unit has shipped to the job site. Why do I need to sign either of these if I haven't billed them anything yet? ...Read More
When collecting lien waivers, whom should we collect waivers from, all supplies and subcontractors? Should suppliers of equipment and services work, like design work, should they provide a lien waiver with their monthly invoice?...Read More
My company LDM CONSTRUCTION provided NEW 3,539 SQ.FT. "WARM SHELL" BUILDING WITH 3 UNITS - NEW 290 SQ.FT. REFUSE AREA - NEW ACCESSIBLE RAMP FROM BARROW ST. - NEW ACCESSIBLE PARKING - NEW MONUMENT SIGN - NEW PARKING LOT LIGHTS - REPLACE CURB CUTS WITH SIDEWALKS . The completion was delayed from 2/28/20 until 6/15/2021 due to PG&E Delay. The Owner losts about $12,000 of rent due to this delay. The owner still owes LDM CONSTRUCTION $75,000. Now, the owner doesn't want to pay us this amount. Do we still have the RIGHT TO FILE FOR A MECHANICAL LIEN IN ALAMEDA COUNTY, CALIFORNIA? my name is Kathy Truong cell#: 408-607-5094....Read More
If I made a billing mistake (undercharged by $10,000) and received/deposited a final payment from a customer, while also providing them an unconditional final lien waiver, am I still able to final a lien?...Read More
I'm A HVAC contractor, I went over to a customer's rental house and I replace the unit of his rental house. The customer told me that he was going to file it with his insurance and he was going to pay me after the insurance paid him. but he never mentioned to me before I put the new system at his rental house. I told him that he should've said that from the beginning. What can I do in this situation?...Read More
The job is completed everything is good I paid my contractor and they paid their supplier and sub but I don't want them to even be able to file a lien on my home if they wanted. If I don't get a release will they always have the ability to file a lien?...Read More
I paid my contractor progress payments but they haven't paid the sub or supplier. Can I withhold the next payments if I haven't received an unconditional waiver and release on progress payment for the amount I already paid?
I paid my contractor for a couple of progress payments and received a prelim lien from the supplier. The contractor has not paid either the sub or supplier.
Do I need unconditional waiver and release on progress payments from both the sub and supplier or just the supplier?
Also would I need to issue a conditional final payment release to just the supplier? ...Read More
We are installing an elevator for $38,000. The contractor has asked for a payment schedule of $17,000 up front, $14,000 when elevator is delivered, $2000 at completion of site of install, and $5,000 at completion. This seems in violation of California’s 10% down. However, the contractor has excellent BBB rating, good reviews, and has a valid California license. What lien waivers should I obtain and at what point?...Read More
Dec 2020 Conditional sent for 69,276.00, Jan. conditional sent for 38,854.75 with exception amount of 78,848.23(notated Dec 9572.23 missed invoice, IE question on top) Payment of 69,276.00 made in full on 2/11/21. In January, we found the interest charges( 1864.69) were not included. Where do I put this? BIG problem : The secretary signed an unconditional progress for the amount of 69,276.00 dated 3/2/2021. I have a 2/2/21 I need to fill out and have a chance to clean up all the mess. HELP.. Doreen Rogers ...Read More