Thank you. Client is going to contest the validity of the lien (he is a lawyer, haha) Is that when I would add more detail? How does that part of the lien work?...Read More
I read the importance of correct claimant name after I printed and notarized the Notice to Lien. Can I add "my name dba" (handwritten) next to my business name (that is typed in the notarized Notice)? Do I need to initial next to the handwritten portion? Will the Notice have to be rewritten and resent? The Certificate to file with the town clerk will have the proper typed name as claimant. I'm on vacation and can't get a new notary and don't want to miss a deadline. ...Read More
Is a simple description of work in the Notice to Lien adequate? Should more detail go into the actual
Certificate of Mechanics lien that is filed with the town clerk?
...Read More
I am a licensed HVACR Connecticut Contractor.9 months ago I placed a mechanical lien on a property. Materials and labor were supplied to a (supposed) friend of 17+years where as a boiler, gas piping and hot water system were installed in his girlfriends home, Subsequently she became his wife. When the now husband was presented with a already discounted bill he refused to pay. We have spoken several times and he has made me offers for less than what the material cost me, this was unacceptable and only after I filed suit against him, his girlfriend and her father did he reach out to me to settle. I filed two small claim suits as the amount was greater than $5,000.00. I withdrew the suit as enforcement (Foreclosure) of the mechanics lien in place may wake him up and entice him pay. It is not worth the expense to litigate in superior court as the cost to defend my position could exceed the amount owed with no guarantee my collection efforts( Legal fees) will be compensated for....Read More
I'm about to reach a settlement, and i need to be compensated for back bills, and interest added on my job while waiting to get paid. I need a promissory sealing an agreement between me and the other party....Read More
I am a material supplier on a commercial construction job. The owner is having issues closing on funding the complete the project at approximately 50% complete. I have supplied 99% of my contract and the date we last shipped equipment was 3/12/21. We still owe them 79 components to complete our deliverables. The general contract has promised to pay $10k for June and July so we can reduce our receivable balance from $92,315 to 72,315. Should I file a lien now or wait to see if the general delivers the $10k in June and July before filing?...Read More
The following two clauses are included in a contract we're reviewing:
11.3. To the fullest extent permitted by law, Subcontractor for itself and for its subcontractors, laborers and materialmen and suppliers and all others directly or indirectly acting for, through or under it or any of them covenants and agrees that no liens or claims, whether a mechanics’ lien or an attested account or otherwise, will be filed or maintained against the Project or premises or any part thereof or any interests therein or any improvements thereon, or against any monies due or to become due from the Owner to Contractor or from Contractor to the Subcontractor, for or on account of any work, labor, services, materials, supplies, equipment, or other items performed or furnished for or in connection with the Work, and the Subcontractor for itself and its Subcontractors, laborers, and materialmen and suppliers and all others above mentioned does hereby expressly waive, release and relinquish all rights to file or maintain such liens and claims and agrees further that this waiver of the right to file or maintain such liens and claims shall be an independent covenant and shall apply as well to work, labor and services performed and materials, supplies, equipment and other items furnished under any change order or supplemental agreement for extra or additional work in connection with the Project as to the Work covered by this Agreement.
11.4. If any subcontractor, laborer, materialman or supplier of the Subcontractor or any other person, directly or indirectly acting for, through or under it or any of them files or maintains a lien or claim, whether a mechanics’ lien or an attested account or otherwise, a mechanic’s lien or claim against the Project or Premises or any part thereof or any interests therein or any improvements thereon or against any monies due or to become due from the Owner to Contractor or from Contractor to the Subcontractor, for or on account of any work, labor, services, materials, supplies, equipment or other items performed or furnished for or in connection with the Work or under any change order or supplemental agreement for extra or additional work in connection with the Project, the Subcontractor agrees to cause such liens and claims to be satisfied, removed or discharged at its own expense by bond, payment or otherwise within ten (10) days from the date of the filing thereof, and upon its failure to do so Contractor shall have the right, in addition to all other rights and remedies provided under this Agreement and the other Contract Documents or by law, to cause such liens or claims to be satisfied, removed or discharged by whatever means Contractor chooses, at the entire cost and expense of the Subcontractor (such cost and expense to include legal fees and disbursements). The Subcontractor agrees to indemnify, protect, and save harmless Contractor and the Owner from and against any and all such liens and claims and actions brought, or judgments rendered thereon, and from and against any and all loss, damages, liability, costs and expenses, including legal fees and disbursements, which Contractor and/or the Owner may sustain or incur in connection therewith.
What I'm reading here is that, essentially, we're not allowed to place a lien on the property?? Am I understanding this correctly? And that if anyone of our associates does, the Contractor will satisfy the liens with funds owed to us?
We tried to have this stricken from the contract, but the Contractor told us that, per CT State Laws, even if it's in the contract, we can still file a lien but I can't find anything to back this up online. So I wanted to ask before sending this in. ...Read More
We are the GC, our Subcontractor is threatening our customer directly to file a lien on their property. Customer has paid us an agreed upon discounted amount due to install issues, which we plan to pass on to Sub. Sub still has not submitted final invoice and just sent us his other invoices yesterday, but is already threatening our customer with a lien. The Intent to Lien notice is due in 2 days for this project in CT. I'm asking for any advice, as well as expecting the Sub to alter their last date of service to file any notices or liens. Any help is appreciated. ...Read More
I have a warrantee to be signed, but there is another company that was subcontracted with us. How do I make a hold harmless agreement for the other company to sign?...Read More
We are a CT based company that did work with other contractors in MA and we basically paid for their permits for work they are doing in MA and they were supposed to pay us back, but haven't. What kind of lien/s do I file in this case?...Read More