We sent a preliminary notice for a public job in Kentucky and Boone county recorded the document as a lien. Which is in turn causing the owner of the project, the City of Florence to withhold payment. According to the Boone county recorder this is how they "file" the prelim it is actually processed as a lien so our only way to "release the prelim" is to release the lien. In the future I am trying to make sure that we have coverage for our projects in Kentucky. How should a prelim be handled ? Who should it be sent to ? Does it have to be filed with the courthouse because they are not treating them as a prelim but are treating it as a lien. ...Read More
I filled a lien. The house was sold and I was harassed by a lawyer to cancel the lien. He told me he wanted an address so that he could pay the lien. When I offered a routing number he said that I was being sued unless I lifted the lien. No bond had been paid, I'm uncertain how the property was sold. I am the defendant in a lawsuit now and have not pushed to enforce the lien. My lawyer has told me that when the lawsuit was filed against me for the lien I no longer needed to enforce the lien. My deadline is coming up soon to enforce the lien or have it dismissed per KY statute.
Do I need to enforce the lien or is my counterclaim and defending this lawsuit the same as enforcing the lien?...Read More
I am a sub subcontractor . Our customer is asking for a final lien waiver on a project. The customer paid the contact value less a valid backcharge.
On the final waiver do I list the total contract value or do I put the contract value less the backcharge?
We are in Texas, Our customer is in IL. and the final product is located in Ky....Read More
I have power of attorney for my mother who has dementia. I rented an apartment on my mother's property to her granddaughter. The granddaughter broke the lease and moved out with 7 months left on the lease. The place was in a horrible mess that I had to clean. She is now threatening to put a lien on the property for money she and her husband say they spent on improvements. There was no contract for these supposed improvements....Read More
i have a truck (1996 chevy k2500) that a customer wanted a transmission put in back in 2009. Then after it's all said and done customer didn't want to pay the bill, and left the truck, it has been sitting on storage lot since accumulating a storage bill. The bill is worth more than what the truck is worth. Is a mechanics lien the only way to get a title for this truck to sell it to recoup some of the losses?...Read More
We are the homeowner, who had our basement flooded. Dr Flood was called to restore the damages. They grossly overcharged for work done, and did not do some services charged. They stated job started on 3/1-3/3, yet charged equipment rental for 4 days. Please call 859-458-9415 for a complete breakdown of their invoice. For your sake, I hope your company does not associate with this company. ...Read More
I signed a 5 yr. lease 2 years into it for a home and barns to live and operate my business out of. The house had been abandoned for 6 yrs. sitting still unhabitable per judge. The house was owned by an older lady. The son was in charge of maintaining the property. This case had been going on for 6 yrs. between son and daughter over maintaining it. The judge order son to fix and maintain the property he refused. I sign a 5 yr. contract and the son still refused to obey the judges ruling. So I made repairs enclosed the house made habitable vermin free. The son and daughter prasied the work I did. The older lady passed away January 15 2021 the property automatically goes to the daughter. Now I just got an email from her attorney telling me I'm evicted got 30 days to get out. When I called the daughter all she said was she didn't authorize me to do the work. I filed a lien for my work done March 13th 2020. Any suggestions? I don't have thousands of $.
I had an oral agreement with a contractor in Kentucky for work on my rental property. I paid him in full, according to our agreement, except for window installation which he did not do after damaging my windows and then backing out on installing replacement windows. He has now filed a mechanics lien and threatened foreclosure. If I wait it out and he does start foreclosure proceedings, will we then go to court and I get a chance to plead my case or does a foreclosure automatically start happening? If we go to court, I will have to pay for an attorney although the lien and foreclosure is frivolous. It seems that everything on the internet is in favor of the contractor whether you owe money are not....Read More
i’ve been contracting a property improvement project for a badly vadelized single family dwelling on and off for past 2 years , i had agreement with owner to do most of ,if not all improvements . i have subcontracted out the plumbing and electric and hvac. i myself have done all demo . all framing . insulating. drywall, trim, cabinets , tile walls . flooring , painting. and have supplied all money for material and labor and paid all subcontractors . i’m 80% complete with interior with total to date exceeding $42,000 . i was instructed by owner to reside at residence to protect property and since i was going thru divorce it was convenient for me to do so . however i was just served with an eviction letter and i have to go to hearing on 11 th . obviously owner is trying to get out of paying for said services and ultimately i may have to vacate but the fact that he owes me a huge balance and i’m still 20% from completion . i would rather finish interior and get balance for entire interior but if i vacate and he gets someone else to finish it may be 3-6 months before they complete and try to sell and i’m out a residence from now till then with no money for and of services...Read More