My company partially took down a tree for a customer November 7, 2017 that was suppose to be a removal. We found bees and had to stop the removal. The customer was to have the bees removed by a professional or his choosing, and then contact us so we could return to finish the tree removal. After not hearing back from the customer for several months, we contacted him to check the status on the bees so we could get the job completed. Customer hung up on me, said we should've completed the work, and he won't pay. Another call was made to the customer that day. Customer stated he won't have any money for several months due to eye surgery, does not want us to complete the job, but he will pay us only for the work completed but not until September, 2018. I called the customer October 8 to make certain he had our correct address since payment was not received. The customer said he doesn't have any money, it has been too long since we were there, and we are in breech of contract for not completing the job. Please advise....Read More
I hired a contractor to perform a job on a driveway/sidewalk. We did not sign any contracts. At the beginning of a job I paid him half the money in cash (forgot to ask for a proof). Village required both pre-pour and final inspection. Final inspection failed because the sidewalk is above the house foundation and there is absolutely no pitch(slope) away from the house, so it crates a condition where water can get into the house instead of flowing freely away from the house. The contractor is extremely hard to talk to and not too much willing to fix the issue.
He threatened however to put a lien against my house, which I think is ridiculous given the village failed the inspection. Can he even do that without us having any sort of contract? I keep sending him messages reminding the extent of the damage (it rained and water just puddles against a house).
On a side note can I just hire a different contractor to fix the issue without worrying the one I hired will change his mind sometime in the future and will reach out to me to fix the issue? I don't want to pay another contractor only to find out I can shot myself in a foot and pay twice for same work.
thanks !...Read More
A vendor came to me to change the roof due to hail damage. Sign the doc that they will collect all the money from insurance and I do not have to pay anything. No document sign on the repair cost. After work is completed they are asking for $5000 for the previous (4 years) claim money that insurance paid me. They put the lien on my property....Read More
We filed 2 Liens for 2 different jobs, same Customer. After multiple attempts on the 2 invoices totaling over $24K that they had been open since 12/31/2021, we never received payment. The responses were very unclear if any response was there at all. I gave them all documents requested, etc etc. The Liens were processed and filed on 09/30/2022. Ironically, an ACH came through 1 business day later with no heads up or remittance in advance. After being charges the $349 for both liens and now having to cancel both liens at $149, these fees total $996.00. Can we charge the customer these fees? ...Read More
I,am in the process of selling my real estate proerty with a city lien on property. I, will pay the adminstration fee fine off at closing from the sell of real estate property. My question is can this be done and file for a release at this time. Or will I, have to pay off prior to going to closing. What is the best way to get clear tile in this case....Read More
Hello We are researching information about Materialman’s Lien for project in IL . I found this article about it, but IL state is not specified. https://www.levelset.com/blog/materialmans-lien-overview-for-suppliers/ We are materials supplier, and we fabricate windows specifically for each project. The client can’t accept windows at the moment, and we are storing them in the warehouse. We would like to clarify regarding Lien option on specifically fabricated materials, what are the due dates and documents we would need to submit in case the client will not take windows from the warehouse....Read More
The owner paid the General Contractor without the suppliers knowledge, trying to exclude himself in any payment discrepancies. The owner had agreed to a bi party check when he was told the materials were not paid for by the contractor, but paid the contractor the remainder anyway. ...Read More
I have a question regarding the use of a contractor-to-owner sworn statement that I have been unable to find an answer to online, namely: Is a Contractor to Owner Sworn Statement normally used and considered acceptable practice for requesting a final payment for the balance due on a commercial building construction loan where the balance due is the retainage accrued over the previous draws/requests (Note: previous draw requests at this point in time equal the total contract amount including extras and credits) submitted on a sworn statement to the bank for payment? I would think ‘Not’ given that the majority of contractor-to-owner sworn statements normally provide a clause that reads ‘It is understood that the total amount paid to date plus the net amount of this payment in the application shall not exceed ______ % of the cost of work completed to date’. What say u? Thank you ahead of time....Read More
We are a subcontractor on a new construction project. GC is requiring an unconditional lien waiver be signed before paying us. I say that's backwards. Is it legal for them to require that signature? I think this is like double jeopardy: If I sign the waiver and they don't pay, I can't lien. If I don't sign the waiver unconditionally, they don't pay us. How can I convince the GC they are doing this wrong? I told them I would send a conditional waiver, which is valid once we have been paid, but they don't want to accept that....Read More
We have been struggling to get the insurance to pay out on this claim so we were left no choice but to file a lien on the property. Now the customer phone is out of service and the payment was sent to her home....Read More
Can someone help with contract review? Its our companies first time doing business with GC located in Indiana, job is in Milwaukee, we are located in IL. Being that there are multiple states involved, not sure if that makes a difference....Read More
We 're a Manufacturer supplier, and supplied material to a DBE company that supplied material to a sub-contractor. The DBE company had filed for Bankruptcy Chapter 11. The material was shipped on 9/30/2021. (This is for a Illinois state Tollway job.) We did file a Bond Claim. I'm not sure how to proceed....Read More