Is can I put a mechanic's lane on a Harley Davidson motorcycle I made sure that the motorcycle was fixed and paid for it cause we were going to go across the country me the owner and my dog were going to Montana and I wanted to make sure the bike was in shape top shape before we left and I put over $7000 in it under the condition that I would get paid back when he got his settlement But he didn't get what he was supposed to in the settlement he got 9000 instead of a 100000 and over now he is selling the bike and says I don't get no money out...Read More
We work w large apartment complex in DSM Iowa. During our work there has been eye witness accounts as well as other professions/employees and tenants that have made statements even in writing regarding money being paid to and recieved by landlord manager in the form of cash as a personal request requirement for contractors or workers that are instructed to increase the amount they bill /agree to receive as payment covering that weeks wages by amounts dictated again by the manager then instructed to go cash the check he provides to them and bring back the cash back and hand over as some sort of cost of continued employment or/secure future jobs assigned. This money which on average ranges from $400 -$1000 per person per week is a regular normal business practice and in fact was uncovered bc I questioned and "dug" into suspiscions then confirmed that since our company would not participate in such activities the manager was literally removing/ yet retaining copies of invoices and even by tampering w our reciept books in attempt to avoid having to pay and yet we suspect perhaps still using the invoices in some way to justify outgoing costs on the apartment complex account. What is this called? Is there a way to demand reciepts and documentation to try and untangle this web of financial fraud and hold this man accountable. The same situation is reported by several tenants ,
witness statments range from giving cash for rent and never being provided reciepts to physical evidence that rental assistance program monies have been applied for recieved and cashed BY the apartment complex at least one of their represetatives and yet payment of assistance is or was not applied to said tenants rent due even denied that it was recieved until proof of the cashed check and the apartment representatives signature and writing was presented as proof. There are many stories of this and it appears w the COVID rent assistanc program that our clients at the apartment complex are potentially receiving considerable funds under false information provided. What do i do w all of these statements and information we want want to support our investors but as tax paying business and employees with a conscience what do we do and who do we tell again what is the limit to our involvement at this point as contractor? The tenants as a regular reached out to the only ears listening and we were flooded by information and stories that all had similar tones & accusations. We had the maintenance contract exterior interior common areas contract to upkeep as well as was a victim ourselves to these fraudulant activities as tenants. ...Read More
We send the client a notice at the time of emergency services and then a second contract is drawn up for repairs. If we have two stages to a job that are being contracted and invoiced separately (emergency services and then rebuild). Is one Wisconsin preliminary notice of lien rights and Iowa notice of work commencement sufficient?...Read More
There are so many aspects details and offensive behaviors and actions of the organization that we are or would like to pursue damages from in court. However any and all action that we take we want to make sure it does not in any way jeopardize our lien physician ability to collect and or place ourselves in a vulnerable position we want to operate within the scope of the law do what is necessary ethically and professionally with regards to the public and or occupants of the property that we hold a lien on and yet we would like to whistle blow on multiple offensive and harmful even dangerous actions . There are so many violations in conduct as a landlord and business professionals. I think maybe lets start w obligations/responsibilities we ultimately have to the occupants in the apartment complex we placed the lien on as well as keeping our name in good standing w the city inspectors. We were asked (instructed by demand) on numerous (regularly) to cover and conceil hazardous health conditions. Mind you the job its self was to remediate and/or repair a lengthy list of violations from the City of Des Moines Housing Inspector. These items many times in many units would b damage related to water leaks or line breakage etx. And bc of the time elapse and neglect to repair minor plumbing leaks appropriately and in addition neglect the exterior condition of the roof and gutters etc. Basically mold was a common and extensive issue. The manager/pk whom also claims ownership, was constantly demanding we paint over said mold and this was as we explained not remediating but conceiling which at no point did the manager disagree w it being covering up necessarily but rather he would either deny it was damaged as bad deny the pictures i presented were real and some times blatantly ask how we could cover up the issue so as just to pass reinspection rather than just fixing it appropriately. Because the water leaks and actual repairs are neglected for so many years the condition was extremely poor and the air quality i imagine was as well. The question is we feel obligated both professionally & ethically to report our findings to at the very leadt the tenants whom live there and the issues are clearly being hidden from them too when a conttractor enters thr premises works in the area and leave w fresh paint and the impression things are remediated. And or someone who can have the occupants best interest and health at heart and make sure the air is safe and the issues are addressed that can and will harm those living there. How do we proceed on thid subject professionally and legally?
I am a GC working on a new project in the state of Iowa. Please confirm a "Notice of Work Commencement" and a "Notice to Owner" are both required within 10 days to preserve our lien rights on the project. Or Is one or the other sufficient? Thank you,...Read More
My company did tree removals for a customer we agreed we would bill his insurance which we did then he got the check gave excuses and never paid us $10,400 so we filed a lien then levelset told us we need to do the notice commencement so we did that a few days late. He got a attorney and is trying to sue us for improper lien file? Do we have two years to file a lien against him again?...Read More
I am in independent laborer and own a tree service removal business. I was called by a realtor company owner to do some Storm damage clean up and removal of trees from several of his Rental apartment complexes and was hired even after I told them there was no way to estimate the job and said it would be expensive because of the power lines and roofs and other factors that made the job a high risk and equipment needed. They asked me to do the work anyway and then piled even more jobs on me as it was crucial for their tenants to be safe and get out of there driveway , etc. There was no written contract or estimate to begin with because of the fast response they needed from me to start working, and I did work for them for almost 2 months without ever getting paid and now they are accusing me of price gauging but I have evidence that the independent tree services they hired to bid the work I already completed was even undercharged by me and were jobs they wouldn’t even be willing to do. I had every impression and text messages from the property manager that states how the work was greatly appreciated and well done and that the property owner had sticker shock when the invoice was turned in and now offered me a 1/4 of the invoice price to settle. I had bent over backwards for this company and am in huge debt now and financially struggling and mentally struggling. I need help because they are now challenging the lien and I only have a few days, I think, to “challenge” there “commencement”. I am a honest guy who is only trying to earn a living and trying to get paid for the work that i have completed already. The owner is making himself look like the victim and I have proof that he is lying to not have to pay. Thank you for your time in reading this! Thank you...Read More
Should a public project Owner require lien waivers from GCs and major subs and suppliers if the project has a payment bond? Specifically talking about a project in Iowa. It doesn't appear that lien waivers are common around here on public projects. Thanks, Ryan...Read More
My company performed a motor swap on Yessika's vehicle and replaced all liquids. Once the vehicle was disassembled Yessika authorized us to buy the parts for the suspension and the brakes and replace those as well. Yessika showed up with the police and took her vehicle back without full payment. ...Read More
I'm a homeowner in Iowa who hired a general contractor to complete repairs for an insurance claim.
The general contractor hired a sub-contractor to complete part of the project.
No bill has been sent by the general contractor, and the project isn't yet completed, but the sub-contractor filed a mechanical lien as a general contractor 2 business days after their part of the job was completed, presumably to force the general contractor to pay them ahead of us receiving the final bill? The 'prior notice' and the 'notice' arrived in the mail on the same day.
But now, as a homeowner, I don't know who to pay, nor how much to pay them.
What protection do I have in the situation of what's presumably a frivolously filed lien? What protections does my general contractor have?
Who do we pay? If we pay the general contractor, how can we be sure the lien claimant will be paid?
My wife and I don't want to be stuck paying the bill twice, and are anxious that this will reflect poorly on us when we're open, willing, and able to pay for completed work. ...Read More
We are a bathroom remodeling contractor. We have a client in Iowa who signed her contract 9/9/20 and the install date was 11/11/20. This job was a multiple-day job and cust was ma that installer was not on time the first day so she cancelled the job, cancelled her financing and refuses to allow us to reschedule or install. All materials are custom and are in our Iowa warehouse. Since she cancelled outside her 3-day right of recession, and this date is noted on her contract, right above the customer's signature, can we file a lien on this customer? I was told to file a lien in 'Iowa' we must be within 90 days of the date materials were furnished, however, materials were NOT furnished because when we arrived 'late' to customer's home on 11/11/20 she would not let us in because we were not late. Not a good reason to cancel. We were not that late but she was obviously a stickler on time. Can we file a lien on this Iowa customer? Dec 9 will be 90 days since she signed contract OR do we count 90 days from her install date, 11/11/20, the date we arrived with the materials and she refused to allow us in the house to install because we were late. PLEASE LET ME KNOW? Thank you for your help....Read More