I am a home owner in Indiana. I have signed a contingency contract with roofing company. Roofing company never return signed contract back to me and they helped to process the claim with an insurance company. Insurance company not approved 100% estimate provided by roofing company. They have rejected contractors overhead and profit charges due to not complex project. Roofing company asked me to hire a public adjuster and i refused as it was not mentioned in the contingency contract. I told them to cancel the contract based on insurance not approving their O&P charges.
Now roofing company is threatening to file a lien on my property as i am not moving forward them. They are asking $2000 for cancellation fee and few emails they sent to insurance company. They have not performed any work , not provided labor or material . Only they sent few emails to insurance company to get my overall claim approved.
Please let me know if roofing can company sue me and what are my options. Thanks and appreciate your help....Read More
The state of Indiana. I provided architectural services to a contractor for work at a residential home. The contractor paid me my $1,000 retainer. This project started in August of 2021. I provide preliminary sketches to the contractor. After modifications, we made final drawings which were provided to the contractor for use on Sept. 28, 2021. To date, I have not been paid the remaining $3,000 owed. I have sent multiple notices by email and text. I gave him an ultimatum of today (12/2). He says he has been paid but checks need to clear and is going to pay me tomorrow (12/3). I told him if it is not paid tomorrow I will take the next steps. I will file a lien on the homeowner's property. I have to go out to the property on Monday to take photos and check on the construction status, which will include me filing a field report with him and the owner. Do I have to file a pre-lien notice to the owner, contractor, both...or do I not have to file one and just go straight to filing a lien on the property?...Read More
We bought the home March 2019, it is now January 2020 and we just received an intent to file a lien against the property for exterior siding put on prior to us purchasing the home, can i be held responsible for this?...Read More
We signed a subcontractor agreement with an asphalt sealcoating company to perform asphalt paving work at an apartment complex. The total agreed upon amount was $20,200 with $6000 as a down payment. We signed a contract stating we agreed to do the job for these amounts, but we told the contractor from the beginning we would need more money for materials than just the $6000. We were verbally told they were waiting on payments from other jobs and they would supply more money towards materials after they received funds. We proceeded with the work without incident. We did a small side job for this same company on a Saturday and we were supposed to be paid $2400 within a few days. No contract for that job, but I do have messages stating the amount. We were only given $1500 of the $2400. As time went by we quickly spent the $6000 down and asked contractor for more money for asphalt. They agreed to pay the asphalt plant for $1600 in material put down and used and any other asphalt needed to complete the job. We showed up on what should have been the final work day. The contractor was supposed to pay the asphalt plant, but was conveniently missing from the job site. Then a dump truck showed up with cold asphalt in it. We called the asphalt plant, they agreed the asphalt was no good and asked to send the truck back, they were not charging us for that material. Meanwhile, the contractor still did not show up and pay the asphalt bill from the previous day so we stopped the whole job. The contractor showed up 3 hours later upset that we stopped the job and then refused to pay the $1600 asphalt bill. His wife then sent me a text message saying they never agreed to pay it in the first place (which they verbally did). This sudden 180° flip made me suspicious, so I started doing research into this contractor. On the exact date I signed a contract with him, another local asphalt company filed a lawsuit against them for failure to pay them $23,500! (They were a subcontractor also). Once I found this out I went directly to the property manager (who is not the owner). The property manager wants me to enter into a contract with him and bypass the contractor I currently have a signed contract with. The contractor refused to allow this, instead they are trying to force me to sign an amendment which says I owe them $1000 for things I never agreed to pay for, and that they get final approval of the job before I get my money. I feel they will just look for anything to get out of paying me. Now the contractor is saying I have 3 days to finish the work or they will have someone else come in and I then will not receive any more monies. What am I supposed to do in this situation to protect myself! Nowhere in our agreement does it state I have to have the job completed by a certain date. Please help!!!...Read More
How would I go about filing a lien on a property we worked on and have not been paid for? We worked through a company putting all new siding on a residential property....Read More