I am building a garage on my property. The city granted me a building permit last week and I constructed the slab last Saturday. Because of a complaint, the city reviewed the submittal drawings and determined they had made an error in the front seat back. They have now issued a stop work order and are telling me to come into compliance which means tearing out the slab and starting over. The city staff claims they have no responsibility despite the error they made and that the full cost is for the owner of the property to bear. Please advise....Read More
I am a subcontractor who was hired by another contractor to render my services. The job was finished October 2020 and he has yet to pay me. He is not answering any of my calls. Can I file a Lien against the property owner?...Read More
A General Contractor in Minnesota put a Mechanics Lien on a building that is owned by our LLC. It has been well over a year ago now since this lien was filed and no actions have been made by the contractor to foreclose. The building was planned to go up for sale in 2018 after the remodeling was finished- and to date in 2021 it still isn't finished. We would really just like to sell the building now - just as is, and let the next owner finish the remodeling. What are the next steps we would need to take to put the building up for sale? ...Read More
We filed a lien on a job, customer paid, but we have more work to complete under the same contract. The title company wants a lien satisfaction release, but we are hesitant to release lien. They are pressing us because lien is hampering draw request on the project. Does a partial lien waiver for amount they HAVE paid allow for funds to still flow through title company?...Read More
My general contractor has not paid the subs and one company has filed a mechanic lien. I made a complain with the department of labor and industry and so did the company. Now my contractor is required to pay they what he owes but now I find out that this company is not releasing the lien but selling it to the contractor after he pays it in full giving him the ability to foreclose on my new house. I live in Burnsville MN my question is can he do this and is this possible? And if so how do I prevent it from happening
Tom Munro...Read More
I am contractor in Minnesota and filed mechanic lien for $4000 last July 2020.
I hired by staging company for this job and this property sold last February 2021 and lien transferred . my payment is hold in ESCROW account and they don't release it.
What i can do to get my payment?
I have a question.
We have a contractor that was to hang drywall, tape and mud. He gave himself 30 days to complete the project. We are now at 34 days, and he is not even 50% complete with the project. We are also not happy with his work quailty.
The total bid was 9000.00, we have paid him 4500.
I just sent him a breach of contract letter through certified mail. Now, he wants to put a mechanics lien on our property for the portion of the work that is not complete.
Can he do that? ...Read More
We paid half down, and still owe half. The job was completed Sept 16, 2020. Bad workmanship needs correcting. Construction told us to have another construction company inspect job & write a report and they work fix those items. They will not. They wanted to repair select items and when we questioned what items, no more communication from them. Why haven't they filed a lien?
We don't think there is a contract, we have asked for a copy numerous times in the last year without success. In Mn do constr. companies have to give a written notice within 45 days of starting the work that they could file a lien?...Read More
On your website I found a statement that states Minnesota forbids waiving the right to a lien prior to actually receiving payment. Can you provide the exact statute that references this? I have many customers "requiring" a full unconditional lien waiver before they will release payment. I would like to quote them chapter and verse why I cannot comply....Read More
I had an insurance roof claim for hail damage and reroof. I hired a contractor because one I felt sorry for him and also because to get the job, he offered to do FREE handyman work for me. He asked me what I needed done, and being 60 and 5 major spine surgeries, what needs done at my old house is alot. I kept asking what he meant, what type things. I said I need deck boards replaced ( large deck and I can only afford to get a few done a year ), need painting on 2 sides of the taller part of my house, needed a microwave removed and new attached to cupboard and a bunch of medium/ small trees cut down. He said I'll do all of it ! I was shocked, needless to say and of course thrilled. And untrusting until he handed me 2 blank contracts, one for the roof job almost $19,000 job, and one for FREE handyman work. He told me to put everything mentioned I need done on the FREE handyman contract and said put 0$s on amount owed. I did. The roof. A nightmare. Many issues, rained on bare stripped roof decking, didnt dry out, ice water shield not adhered wavy and tons of staples used to TRY to get it to lay flatter but areas still look bad, underlayment rippled, rained hard the whole night after 2nd crew 2nd day of roofing. I got up the next morning to find the contractor himself and 2 guys frantically working. I asked what they were doing and he said 'ridge cap". Evidently the ridge cap was left not done and it had poured rain all night without it I have soooo many new horrible problems here since he roof was done ( end of last august ). He did replace deck boards and had a guy paint 2 sides of the tall part of the house. The other free handyman work I didnt ask him to do it because I was grateful for what he did and I needed him to address and fix all the roofing issues. Every time I mentioned them he got angry. He thought by doing the deck and painting she will let the roof problems go and forget them. I believe some are serious issues. new icedams over the house where ridge cap was left over night with rained, one of them massive, it was like a giant block. Ive never had ice dams in 33 years since house built and had professionally weatherized and insulation added in 2010. The attic ceiling is black in what appeared to be the area where the hugest ice dam was. I have had a new terrible draft and odd smell all winter and my heat bills much higher than ever and its been a very mild winter. I have new orange on the ceiling around the upstairs bathroom exhaust fan, and have a stove exhaust fan vent that all this junk feel in from the roofers and is full still and I think the 2 flaps must be stuck open as I hear alot of rain coming in every time it rains. I can hear rain from the roof coming into the furnace in the basement every time it rains. I am worried about mold in the walls. Many more issues I have emailed and notified and told the contractor many times all the issues and every time I noticed a new issue. There are things in the roof Contract he did not do, He lied and breached the contract in several ways one was he said Avila Brothers would be the roof crew and they were not here, and they are listed on the release of liability and insurance documents he provided before hiring him. Insurance sent me the first half, check which I finally deposited and waited all fall and winter for the contractor to provide the workmanship warranty, receipts for roof material and shingle warranty as stated in he contract. He just emailed them end of Feb but workmanship warranty not filled out completely and so faded its not readable. Asked for readable hard copy and he went and just filed a lien dated Feb 26th 2021. He put did "deck", roof, etc and date STARTED Aug 19th 2020 ( correct ) and date last did improvements he put Nov 6, 2020 ( which is incorrect ) He basically used the last date his guy was here doing FREE handyman work painting. He used false information ( listed roof and also listed some of the handyman work free contract stuff, and used the Nov 6th date because it had been over 120 days for filing a lien.+ I waited since last august for issues to be addressed. Then snow came and temps and nothing could be done. The contract has things not done in it and it also states all damages caused by contractor to be repaired or replaced. Payment in full when everything above listed is done. He hasnt been paid anything yet. I have no intentions of keeping the insurance money. My adjuster is coming 4/19 to look at the roof and make sure everything in the claim is done. And I suppose if it is will release the 2nd check. I believe I have serious issues here caused by the roofers. I have lien now that contractor put invalid information on. ...Read More
2019 I completed work on a single family home. Owner paid part of the bill but left $6200 unpaid. I gave her an additional 90 days to pay. She didn't pay and I filed paperwork with small claims court. The court failed to notify me of the pending case and it was tossed. I refiled and won my settlement. It was contested and we went to Conciliation court and I won that case as well. The property I completed the work on she has now put up for sale. I am NOT a licensed contractor but still want to place a Lien on the Property. What direction do I go now? What form do I need to proceed?...Read More