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California Questions
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California
We're a subcontractor that completed a project and have not been paid by the GC. We have filed a mechanic's lien and it expires in January. Would like some advice as to what our next steps should be and whether it is worth us pursuing a lawsuit. Unpaid balance is about $36k
Californiaa client ordered a custom-made kitchen and now won't pay for it. He didn't pay for the kitchen and it hasn't been delivered to him. Are we allowed to file a mechanical lien and do we need a 20-day notice?
CaliforniaWe are doing work in Oregon and we are a CA business, how do we go about doing lien waivers?
CaliforniaThe client has not paid off the balance for this project. This is an insurance claim project and the insurance company said they weren't covering all the expenses so the owner had to pay the difference and he has not done so. There has been no communication with client since October 18th.
CaliforniaMr. wise our customer purchased a showroom model fire table on June he was aware of the condition of it it had a cracks, scratches on the side we shipped a replacement from the manufacture we have emails back and forth with him. he end up opening a charge back after a month on July then the next month he lost the dispute and it was credited back to us, then he opened the chargeback again on September and the charge back gave him the money back Ams was lift with no payment and he kept the fire table. after i send him the notice of intent lien he hired a lawyer his lawyer saying i dont have the right to file the lien the customer lives in OH . and we are in California
CaliforniaHello,
I'm a general contractor in southern California for just about 14 years, I have never had any issues with clients until last month when a client decided to no longer work with me and my group of sub contractors.
This was not a result of any work that was completed or any work approved by city inspectors or anything related to quality of workmanship, they simply didn't like our communication timing or time it took to provided change orders (due to the COVID-19 Pandemic subcontractors are busy and it takes some times to get bids and quotes).
We have requested a notice in writing to cancel or withdrawal as required by our written contract and as of today (12.6.21) we have mailed via Certified US mail a notice of intent to lien.
My question is do we need to prove the certified notice was received before being able to file a lien or attend a medication or arbitration prior to filing a lien? The thought is that they may never put anything in writing or think they can ignore the terms of the contract, the agreement outlines a fee of 25% the total contract if the agreement is broken or canceled. We have worked hard on the projects and the same goes for our subcontractors and expect to be paid for the almost six months we have spent on their property. Any insight or suggestions would be greatly appreciated be fore we retain an attorney, thank you.
California
A couple of questions:
What if the California Preliminary notice is filled out incorrectly. Owners Name is wrong and address of GC is incorrect. description is not specific to now what they are Job about
The Sub does work on the Job - but didn't asked, We the GC and Owner sent it back - never got corrected.
Do we have to record it as being received?
thank you
CaliforniaHello, I'm located in CA. I hired a designer to draw a design for a Jr ADU in my property. We signed a contract for 40 hours of labor, not to exceed 60. The 40 hours were paid in full. The contract also states that if the work exceeded 40 hours, it would be discussed with the customer. The designer/drafter did not discussed with me, and just sent me an invoice for an additional 20 after I had payed 40 hours hours without prior notice. He is now demanding for payment and is telling me he will file a CA Mechanics Lien. Is this legal given that he did not give me the opportunity to authorize more than 40 hours of labor?
CaliforniaWe have a GC that will deduct back charges / and or deductive changes from our invoice without any sort of notice. Every time this happens I get notified by our controller which in turn I asked the GC for the backup. So far every back charge or deductive change is completely invalid and I've disputed each one. Regardless of my dispute the GC still deducts the dollar figure from our invoice / check. Is this legal? If so what is the proper way to deal with this?
CaliforniaTo make a long story short we have a OSHPD project that is pushing 4years beyond the baseline schedule we bid. Its been a complete uphill battle to get recouped for labor & material increases beyond that date. I've submitted one each year up to the point where we are the on project and the labor increase we receive from the union. Just now we got approved for material increases from 2019 to 2020 + our labor increase up until 2021. The catch is the GC res-sent out the approved COR w/ new disclaimer stating "this is a final material and labor increase for the project - no others will be approved". I have now refused to sign this revised copy but at the same time I'm chasing our material increases from 2020 to 2022. We've never been put in this situation before and are a bit unsure on how to proceed.
CaliforniaHow do I begin the process to enforce the mechanics lien now that it’s been recorded with the county?
CaliforniaI hired a contractor who never finished the job, he did most of it, but left 3 areas of flooring not completely finished, like the bathroom tile floor ended 3-4 inches short of the end of the room; the bedroom carpet was not tacked under the baseboards he installed rather he just left the carpet hanging loose, and he didn't replace the flooring where he cut into the concrete slab to connect to the sewer line, just left a patch of raw cement and he didn't finish painting one wall! There were no change orders. None-the-less I paid him by checks in 4 installments every 2 weeks per the contract less the retention amount listed in the contract pending final finishing which pissed him off, and so I went ahead and paid the final retention payment via zelle even though he has never come back to finish. When I complained about what wasn't finished he returned around and reversed the zelle payment, and mailed back my last 2 checks back then filed a mechanics lien on my property for an extra $8,000 more than the contracted price!!! What can I do to get rid of the lien? This feels like extortion!! Sue (949)300-4888 sangell05@aol.com
Californiacontractor thinks he is a 50% partner on a flip deal, new investor (the flipper) thought it would be good to have a partner to help with finances, construction, and the fact that the GC will have a crew and new investor can rely on his men to help with the rehab. The investor/flipper found the property and got it under contract with the owner. Eventually over time investor/flipper realized contractor/also said he wants to be partner did absolutely nothing that he claimed he would do. He has been a contractor for 40 years so new flipper (ME) thought hed be a great partner but the flipper ( me) ended up finding the hard money lender and it was only in flippers name and owner and the lenders. No contractors name on the 175K money lent for remodel. Flipper paid the 1,500 monthly interest payments for 8 months by herself no help from contractor/supposedly partner. The flipper got ALL I mean ALL the materials picked them out, picked them up, dropped them off from paint to windows doors etc. The contractor asked for 15K in beginning of project said he is owed some money now and then 50% of the proceeds are due to him at the end as well.. Flipper gave him the 15K then he asked for another 15K again 2 months later. flipper gave him 30K. while he did ONLY the construction one the flippers property with the flippers hard money loan, while the flipper worked everyday on gathering ALL the materials and keeping the laborers hours daily for 7 months and paying the laborers daily for 7 months, while all the contractor/partner did was contractor work and take the flippers money of 30K and will demand 50% at end.
Flipper FIRED contractor for a 10 week delay and massive errors on property and for bad mouthing flipper to her workers. Now contractor put a lien for 145K on the house and it is in escrow. He never had any contracts, he never filed a 20 day preliminary notice, and he waited 30 days after he was fired to file a lien. A lien in which he was paid for ALL his contractor work already and thinks he deserves 50% of the new investors/flippers ( ME) proceeds at the end. He was using me, taking advantage of a new investor a nurse of 22 years and I do not owe him anything. How do I get this lien off immediately? Is it legal with no 20 day preliminary notice to our lenders. he was hired my me not the owner.
CaliforniaI sent a preliminary notice and never received a response. I would like to file a mechanics lien. The money owed to us has been since June of 2020
CaliforniaMy father in law is a licensed contractor and fell ill before the completion of a job that he was contracted to perform. The work was apparently completed and the customer originally agreed to pay the remaining balance per the their contract. However, after learning that my father in law was in the hospital, the customer has processed a stop payment on the check that was to be issued to my father in laws business. We are now attempting to recover the money owed, but since no one else except for my father in law is employed by his company, we need to know if we, as his relative can file one on his behalf.
California