We had to fire a customer due to his constant interference with our crews, lying to crew and subs, manipulating to get extras for free. I have a final invoice for work completed and his requested change orders, and I fear I won't see a penny on it. Looking for options if he doesn't pay. I already know there's a dispute about an AC unit he had put in by my sub, I paid for it and then he had it removed because it wasn't what he thought it was. I paid for it and he doesn't want to pay for it at all. ...Read More
We set up a homeowner on a payment plan that went delinquent shortly after the windows were installed. We sent an intent to lien and then filed a lien shortly thereafter and ended up receiving an automatic stay the same day we had filed the lien....Read More
Hello, I have a contractor that is not willing to honor our final contract. The contract states that if the work is not completed in full to customer satisfaction by certain day/ time then both the contractor and consumer (me) agree to a final settlement payment. The contractor, not having completed the work is threatening to place a lien on my property and is now unwilling to honor the final settlement payment and demanding more money than what is in the contract for final payment. What do I do?
Thank you!...Read More
I'm a private CNA caregiver and my existing client is currently in rehab since February, he is going into "long term care, which means his home will need to put up for sale, in the meantime I haven't been paid for over 3 years, and the clients family is aware of this, (I average about 8 hours weekly) in the past the family has said in conversation when my client passes away, they would make sure I got reimbursed for having taken care of (roger)
and now it's our understanding that with him on Medicaid any money from the sale of the house automatically goes to the State of Idaho, so it was recommended that I file a Lien against the property so that in the end I can get paid...am I able to file a Mechanic lein by myself or do I need an actual attorney and how long can I anticipate this process take? especially if the house is put on the market next month?
I just found out a contractor we hired placed a lien on our property. I was told by our mortgage company it was filed in December. I was never notified and we do not owe him the amount of money he is requesting. There were so many things wrong on the job that we back charged him to fix the items he also agreed to deduct $4000 from the balance due and yet his lien is now including that amount. How do I fight back... I have never received anything from the courts or anything???...Read More
We completed construction of a new home in July 2019 as our primary residence. At that time, the construction loan was converted to 30 year mortgage. The builder received and we signed off on the final draw with the lender. Now the home builder is asking for additional funds saying that the actual costs ended up coming in higher. It seems as though the time deadline has passed and that he has already certified that the final draw satisfied and cleared title or how could we have closed on our mortgage? Wondering if we could possibly have any responsibility to these costs at this point as he claims? ...Read More
If a property is owned by they city but being leased to a private entity who hires a General Contractor to perform work on the property. Can Material suppliers enforce a lien against that property?...Read More
I am a self-employed construction worker in Utah. I was recently asked by a person whom i've worked for here in Utah if i could travel
to Idaho Falls to work on a property that he and his sister had purchased. This property is divided into multiple units and i believe all units within are rented with the exception of one apt. where he wanted the work to be performed. His intention is to make this unit available as a short-term vacation rental or bed and breakfast. He talked about replacing kitchen cabinets and countertop as well as replacing the bathroom sink, faucet and vanity. For almost two years, my hourly rate as well as my sons has not changed. I've never had any problems obtaining payment from him regardless of the project or the time involved to complete any project. in other words, he has always been fare and at no time have we ever had in place any type of contract for services performed or a set dollar amount expectation. After three hours of driving, i arrived at the property eager to get started on the work. His daughter is an Idaho Falls resident and it became clear that her role was to supervise and report back to him. Before we were allowed to start the work, we spent 5 1/2 hrs. clarifying the details and expectations for the project as well as insuring all product availability. i was asked to provide him with what he called a'hard number' of hours i expected to take to reach a satisfactory completion. I explained to him that i could not provide that number because the very nature of construction, specifically remodels, potentially harbor unknowns and things out of my control. By the way, this property was built in 1910. He persisted and made it clear that he was going to delay the start until i gave him a hard number. He pushed a number of 33 hrs. repetitively. At no time did i ever say this was a bid, rather it was an estimate which by definition is subject to change. We spent 42 hrs. working until two such things out of my control occurred. The first was a wrong size wall cabinet width and the second was a warped countertop. I explained the situation to the owner who was disappointed but said he understood. I let him know that the countertop issue was correctable by simply exchanging it for one that was straight but the cabinet issue would take 10 days to correct per my conversation with the supplier. On the tenth day, the supplier said it would take an additional 5-7 days to correct their mistake. My persistence as well as some good luck produced the correct cabinet in Utah that same day. The owner asked for an email with a list of all that was needed to be completed and an estimate of the additional hours needed. I supplied that list and my hour estimate was 16. After the 3 hr. drive my son and i worked for 21 of the next 24 hrs. which included some additional items thrown at us by the daughter at the end of the job. On the second day after arriving back in Utah (the first day was spent sleeping) i put together my bill and submitted it for payment. The next day, i was told a check was ready and when i received it, it was for 33 hrs. of labor. The owner said that was all he would pay because i agreed to bid the job for 33 hrs. I have since attempted to appeal to his sense of decency citing the 12 hrs. drive time, the associated gas cost, meal expense, consideration for motel, and the time we spent working out the specifics and logistics of the job. That attempt was made by phone conversation approximately 1 week ago and subsequently my phone calls have gone unanswered and unreturned. ...Read More
A lien was filed on my property in Idaho. It is an invalid lien (no notice given, months after the 90 day filing deadline), but the company that filed the lien is not responding to communication efforts. How do I get it removed? ...Read More
We have a new construction residential build. At the recommendation of friends, we chose a different stonemason than our GC usually uses and we have been managing him directly. We have no contract with him. We signed the original estimate of $17,500 and paid a materials deposit of $8,000. Issues with the workmanship occurred and he became very defensive and difficult to deal with. Everything from that point forward occurred through email, with his girlfriend we think writing them. They proposed a final price that included a discount of $2,000 and we agreed to that amount and they termed it the "the final price of the project is $13,752." This is in addition to the $8000 materials payment we had already made. He then finished the rest of the project.
We asked for receipts for all the materials and in gathering those he realized the materials cost was $2500 more than he had factored into that "final price of the project." He said he was unaware how much the difference was until then and demanded we pay for it. We negotiated some of that down, but he is still pushing back on more of it and we feel we have used good faith but are no longer interested in negotiating with him. We did not agree to any cost overruns in advance above the $13,752 + $8,000. It feels like the extra materials is a bait and switch. We want to push back and say that the only thing we agreed to was the $13,752 and that is now all we will pay.
However, we are concerned that he will put a lien on our build if he does not get the full amount he is now demanding. Negotiating it down, it sits at $1,000 more than the $13,752. So we are talking about not that much in the big picture. We also simply cannot afford to get into a legal fight with him or deal with a lien waiver. On principle, it feels wrong to cave to his demands (especially given his tone and previous conduct), but we also do not know if it is worth the fight. I have multiple debilitating health issues, am recovering from cancer and we are trying to finish building a home with my husband doing most of the remainder of the work himself. We have a lot of other things to be doing with our time, energy and money. So, we are trying to determine if there is any wisdom in pushing back and saying we are not obligated to pay for any costs above what we agreed to at the $13,752 balance due. So I suppose to make a better decision, we would like to know:
Without an explicit contract, are we legally obligated to pay for anything a tradesman brings to us after the fact that he did not disclose and get approval for in advance?
I have not been able to find a license number for him. Are stonemasons in Idaho licensed? If not and he does not have a license, can he file a mechanic's lien?
We are trusting souls who clearly made a bad decision. We just want to be treated fairly and find peace with all of this. Thank you for any help or guidance you can provide.
We are a Caterpillar Equipment Dealer our Power Systems team is delivering a diesel fuel storage tank to the Missoula Airport and this project will be funded by FAA funding, however our client is the sub (Martel Construction). This tank will be mounted/bolted to a concrete pad outside of the facility but fuel will be used for their main generators inside the facility. Do we have lien rights? If so, what is our deadline and are notices required? ...Read More
We have a customer attempting to pay us in order to remove a lien we placed on his property. His bank is now asking for us for a list -- including a reconveyance fee. Since we are relatively new to this legal process, we are not sure how much we are supposed to charge for reconveyance, to whom that money will ultimately be paid, or even which documents we are supposed to file to remove that lien.
Would you be able to explain this process to me?...Read More