My elderly parents recently moved into a property I own. They hired their previous neighbor, who is a landscaper, to clean up this property as well as the property I live at. This individual gave us a verbal quote for services but also stated that that amount was only for “clean up” and not the other things that he claimed was wrong with the properties that he would fix. He has done some work at both homes but only completed one job fully. Yesterday he came to my home and removed several items including an antique tool bench from my property claiming it was trash. He had no authorization to remove anything other then yard waste. I also found found out yesterday that he asked my mother for $1600 for a pickup truck of gravel. My mother wrote him a check and asked for a receipt which he refused to give her. He also asked her for $750 for the work he has “completed”. She told him she would talk to me. Last night she attempted to contact him by phone and text about the items that were removed. Finally I decided to drive to his home and discuss the return of these items to my property. Once at his home he became very angry and stated he had done nothing wrong. When I mentioned calling the police for theft his son went to the back of their home and retrieved the work bench and proceeded to charge my car and eventually threw it into the yard of the home my parents previously owned. At this pointed I called the police. The neighbor grabbed the other items in question, as well as the work bench and sped away. Be fore he left he reported he would put a lien against my property. Can he do this? He did return the property so I am unsure if I should bother to file a police report with my towns police department. ...Read More
I have a property in Allen Co Indiana. There was a lien placed on the property for a Home Equity Loan around 20 years ago. The loan was discharged in a bankruptcy around 12 years ago and was written off by the mortgage holder around 10 years ago. For several years now I have been trying to settle the loan. Over the years I have called the mortgage holder at least 50 times to every department they have at least 10 or 15 times to each dept. Each time no one can locate the account. They have no record of the account.
My question: Can the lien be disputed and removed? I'm pretty sure that if anyone calls the mortgage holder they will get the same results that I have.
We filed lien, and it was recorded in Montgomery County, Ohio, (through levelset) on a customer. The customer stated that it can just be removed. Basically saying that we did not file everything required. Can someone help me with this?...Read More
We are supplying underground materials for an entire residential subdivision. Would we need to send notice is this situation or would the project be considered more commercial since the work is not easily identified to one specific residential structure? ...Read More
I had paid the amount in full over a month prior and the roofing company still filed a mechanics lien on my home with wrong dates and saying I owed $3,000 more. I have all the evidence showing I did what I was suppose to long before they did this. How do I get this removed? ...Read More
The levelset site states that public jobs can withhold no more than 6% for public jobs in IN. The customer contract with the VA clinic in this area states the following: To determine the amount of retainage to be withheld, the board shall: 1. Withhold no more than 10% of the dollar value of all work satisfactorily completed until the public work is 50% completed, and nothing further after that; or 2. Withhold no more than 5% of the dollar value of all work satisfactorily completed until the public work is substantially completed. If upon substantial completion of the public work minor items remain uncompleted, an amount equal to 200% of the value of each item as determined by the architect-engineer shall be withheld until the item is completed. [IC 36-1-12-14(c)]
Please provider further clarity. If (according to levelset info) government agencies cannot exceed 6%, however is there a contract with the VA (Public Works Law) that indicates retainage of 10%?...Read More
I am a sub to a subcontractor. We did work on a job in August where we installed a miscellaneous metal job that the subcontractor fabricated. We billed the project to 90% completion at that time. The remainder of the job was to be ready in November for us to complete the final installation. When we returned in November, we found that the material was not fabricated correctly and we had to make numerous changes. Our field supervisor and the sub that we worked for, along with the GC, agreed verbally that the remaining work would be done on a T&M basis. It was clear that this was out of scope and would be a change order. We discovered along the way that the sub that we were contracted with was not very reputable but the GC rep said that he will make sure we get paid. We have had a good relationship with the GC, so we took him at his word, and unfortunately, our field super did not get it all in writing. We completed the work and submitted the invoice and now the sub is saying that they never authorized the work and the GC said that it is out of their hands because our contract is directly with the sub. The GC said they cannot pay us directly and subtract it from the subs' payment since our contract is not with them. They also said that we cannot file a lien because we do not have anything in writing about the additional payment for the CO. Do we have any recourse?...Read More
I have a licensed contractor that billed me hourly and overbilled. For example he billed 13 hours to install a window that should have taken 1. Other workers told me he was lying and cheating. When asked for timesheets he did not respond and instead filed a lien. Also he filed a 2 liens...one for services. The other for untendered windows that he purchased. After 60 days he produced timehsheets all in the same pen and signature. How do I combat this? ...Read More
I hired a well known cabinet company to install all the cabinetry in my home after purchasing the cabinets from them. All the paperwork I was given had "All of their Installers are certified, licensed, and insured"..The company sent a crew of 3 men..To make a long story short..The men that was sent into my home weren't certified licensed or insured. I never signed any waiver or document signing off for group of Installers that would make my life a living nightmare. They walked out and never finished the install this was June 20, 2020. I HAVE NOT received a refund nor has any of my cabinets been switched out. Had a 3rd party cabinet inspector come and look at all the manufacturer defects along with the damages the Installers caused during assemble and install. The inspection report concluded there was a manufacturing stain issue. He also noted there were some damage due to having the cabinets transported incorrectly. There were also many issues with the install itself..what was done.. The company still has done nothing...no refund..they have not sent anyone to complete the install nor have they fired the contractors.
All my husband and I done was pick out and pay for the cabinets. It was the company's cabinets and their installers. They keep telling me ...the cabinets were installed and our terms and conditions clearly states no refund after being installed ..Their contractors done the work...They are holding me liable for their unprofessional. Non licensed, certified,and insured contractors. I asked for a full refund on the 2nd day of install. How can a company not follow their own terms and conditions then hold a customer responsible for their employees that were left without any supervision. This has been a horrible past 8 months..I just want my money back so I can get new cabinets and my life back.
Thank you for your time. It's greatly appreciated....Read More
I am the owner of a residential build and due to site conditions we had to undercut the dirt for the footers. I agreed to the extra work and signed a change order for it but the change order did not have a set amount it just said it COULD exceed $20,000 because of the unknown nature of the work. So based on this I was tracking it as a time and material change order. Once I received the invoice for it I thought it was quite high and actually found out that they were charging me twice the amount for the pump truck and concrete as I called them and got quotes and so after finding this out I requested justification for the costs like labor and equipment. The contractor stated that they did not have to provide me anything and that if I did not pay the invoice the contractor will file a Mechanic's lien and stop work until its paid. I have clearly stated to them that I am just wanting to review the cost breakdown and have stated that I full intend on paying for the extra work but not until I have a chance to review justification. They have told me I dont have a right to this and If I don't pay the total amount of their invoice they will stop work and file a mechanics lien. They also said that if they stop work they will have the right to charge me price increases for the rest of the build. does that give them the legal right to stop work? And if I posts a discharge bond in response in order to force them to provide evidence of costs, is the contractor then required to continue work once the discharge bond has been posted?