I'm a GC and am having a hard time collecting money from a customer with locations in various states. The dates to file a lien have all expired. What are my options as this point? Customers are in DE, MD, MI, PA, WA, , MN and IN.
Thank you....Read More
A mechanics lean was placed on my property by one of my homebuilders sub-contractors in October 2017. The lean was filed 6 months after the home purchase was completed in March 2017. I'm refinancing the home and the title company says the lien needs to be released in order to close on the refinancing. How do I get a release on the mechanic's lean so that I can complete the closing on the new mortgage? The property and lien are in Cook County, IL...Read More
I am a mechanic filing a lien against a client who’s name isn’t the name on the vehicle. Can a mechanics lien be filed against someone who is not the property owner? And if so, does the property owner have to receive an intent to lien before the lien can be filed? ...Read More
I had a garage built on my property. It has been a nightmare. I signed the contract in August of 2020. They knocked the old garage down and they left all kinds of debis. We removed the stump so it would interfere with the building of the garage. The never removed the debris liked the promised and threw them in my yard. Laid concrete. I complained. They came out removed some. Project stalled because I was demanding a discount and all sorts of things. They removed more, promised a clean up when job was over, so paid second payment. Garage built. All kinds of debris again,, nails in the driveway. They send the electrician out, he digs without calling JULIE, cuts my WIFI, I run a internet business and also set appts for a cleaning service using a website via internet. I want to know what my rights are at this point, they still have their lock on the garage but its not lock. Cam I remove their lock, put my lock and get locks and just fight them through BBB, City and or let lawsuit and negotiator hand our issues or will I be consider trespassing my own property? Also I forgot to say they screwed up my AC when they took out the breaker to run the wires to the new garage (I have two garages) but thankfully I have a contract with my heating and cooling guy and he found the problem right away and did not charge. I am going to get charged for this broadband dig though, already been told this. ...Read More
File Action to Enforce Lien or Release Lien
A couple years ago we filed a lawsuit to enforce a lien that ended up costing us $2200 to collect $2500 in bad debt. How can an incorporated company file a lawsuit with a lawyer that won't cost more than the amount suing for? It's my understanding that we can't represent ourselves but I find that most attorneys retainters are $2000 - $3000. We have a customer that owes $5000, I'm just wondering if it's even worth filing a lawsuit?...Read More
What can I do if the GC tells their customer I, the sub, charges a number much higher than I did? Essentially claiming that MY company charged said amount? All without notifying me and then keeping the extra money charged. ...Read More
I currently have an attorney working on my Mechanics liens, and as you state in the information above, the Construction Manager is trying to skirt his way around paying the final payments due for work completed as expected by dragging us into court now by having the Complaints filed, etc.
The amount owed to me of additional work/scope is significant, in addition to the final payments being withheld (they want me to sign lien waivers which would make it impossible for me to then bill for the extra labor & materials).
In Illinois, do I have the right to file a Prompt Payment at the same time as we are in legal proceedings?
IL does allow for free mediation between both parties and their attorneys, however, defendant refuses this option.