Ok I am reading the updates on TN Lien Laws and I read "For home improvement contracts, additional “notice” language must actually be built into the contract between the general contractor and the owner. There are no notice requirements on such projects for parties other than direct contractors." Exactly what language needs to be updated in our contract, or what needs to be added to make sure that we are following state lien laws. I have a bunch of questions, so there will be many more to come below.....
Notice of Commencement Question:
The statement "Residential (Notice of Completion NOT simultaneously recorded and served): Lien and response (if applicable) required within 90 days of actual completion of project.", is this referring to Filing a Notice of Commencement and Notice of Termination at the same time. If not what does this mean?
The Statement "Residential (Notice of Completion Recorded and Served): Lien and response to Notice of Completion required within 10 days of date on which Notice of Completion filed." Does this mean that once a Notice of Completion is filed, we only have 10 days to file a lien? Also are we as the General (Prime)Contrator filing the Notice of Completion or is the owner.
This Statement "Yes, notice is required in Tennessee. As well as recording the Notice of Lien and Sworn Statement with the Register of Deeds in the county in which the property is located, the lien must also be given to the property owner. This may be accomplished by registered or certified mail, return receipt requested." Who sends notice to Property Owner? Is this automatically done through Levelset if lien is filed through levelset. If we file the lien through the county registers office, do they send the lien notice to the HO, or do we need to send this information to the HO?
I just want to make sure that we have procedures in place for and Apex is protected fully by these procedures. As collections manager it is my responsibility to make sure this happens and just want to make sure that I am correct in doing so...
I am the home owner in Memphis, TN and recently had a house fire. Hired a restoration company to clean up damage and get home restored. I already have other contractors hired to complete flooring, electricity, and plumming. The restoration company so far has only cleaned walls, dehumidified the home with machine, treated mold under the home from the fire department, and remove partial flooring. They have not began to restore the home for the amount they want us to pay. The job is incomplete. Our insurance company is still trying to process their request. How does the lien work if they have not fully completed the job?...Read More
Work wasn't completed. Damage to property occurred and business admitted fault twice in writing. They filed a lien but from what I've read on your site, it is prohibited by law for them to file lien in TN and VA. I told them I'd pay once work was completed and damage repaired. I want their plan in writing. They won't put it in writing. ...Read More
My 26 year old son had my husband's (his stepfather's) truck towed to a mechanic's shop to get an estimate to repair the transmission. Over the phone the mechanic shop told my son that it would cost about $2,500 to fix it. The mechanic shop gave him a phone number to call to try to get a loan, if needed, for the repairs. I do not know if the two businesses are affiliated or not. Regardless, he applied via phone, but was rejected. After my husband and son discussed it further they concluded that since the truck is so old, a 1997 Ford F150, and not of much value they would hold off on the repairs so they could try to find an alternative such as a used transmission that the same or another mechanic could install. He has been looking for a used transmission to no avail while the truck stayed at the mechanic's shop. Yesterday, my husband went to pick up the UNREPAIRED truck and the shop owner said that the truck now belonged to him because it was left there so long. He claims that he sent a certified letter regarding the truck, but no one in my household signed for a letter. The shop owner says that he has filed a mechanic's lien and will NOW repair the truck and sell it, or we could buy the truck back from him for $2500. To me there are several major issues. First, no one received or signed any sort of written estimate or contract to fix it. Second, even if the mechanic claims that there was a verbal agreement between him and my son, my son is NOT the titled owner of the truck. So, how could a lien be put on it. Third, the shop owner admitted to my husband in person at the shop that now that he had a lien he WILL fix it and sell it. According to the law I researched, a lien can be placed only for actual work done, not work after a lien is filed. Furthermore, other claims such as storage fees (which were never disclosed or agreed to) are not considered repairs and cannot be included in the lien. The truck is so old and of such little value that no one would invest $2500 in a transmission for it. I guess that is why the mechanic says that he will NOW fix it and sell it after he has gotten the lien. We received no phone calls, no letters, no written docs of any sort (the mechanic claims he sent a certified letter, but no one in my house signed for it.)
How do I proceed?...Read More
We had a fire at our home, our insurance company convinced us to hire their recommended construction company, as using them would give us a 3 year warranty vs 1 year if we chose our own. This contractor used bad subs and I kept pointing out poor repairs that they fixed. Hence the bad blood between us. The insurance company does have a third part that is supposed to oversee the project but they seemed aligned with the construction company.The work started in mid August and was to be completed by 1st November. We had built in cabinets that accommodated the old big screen tube TV's and the center of the cabinets were 24 inches deep. The cabinets were demolished and we asked that the replacement be trimmed to 18 inches to accommodated a new flat screen TV. I had met their cabinet maker and agreed to a design, but he quoted more them $1,900. I told him it should be fine, but the next day the construction manager called to say I would need to pay the difference and I refused. The issues we having now:
1. The construction company refuses to build the cabinets and wants to cash us out $1,900 as the insurance company estimate gave them $1900.00. I paid to get drawings of both cabinets designs and received an estimate of $10,166 for what we had and $9,778 for the trimmed down version. I told the manager that we want the cabinets built, he says he does dose not have a cabinet maker as the person he uses will not take on the job. They also damaged our floors. Will not get someone out to repair the landscape lights as they don't have anyone that will repair landscape lights. Should I hire a lawyer and can I get the construction company to pay my lawyer fees? ...Read More
We have a project here in Davidson County / Nashville that we have filed a lien on for non-payment. Today the contractor sent over a lien waiver and a consent of surety to release retainage, whereas we are still awaiting payment on 2 progress payments. I think this is a ploy for the owner to side step TN retainage law penalties. I am inclined not to sign because the waiver has wording such as "the undersigned waives and releases any and all liens it has upon the foregoing described property to the extent of the payment received." Thoughts?...Read More
A GC is telling us that a college in TN is a federal project which is why the retainage amount is 10%. They did send us information for a law showing Federal projects are allowed to have up to 10%, but the way it seemed worded was only if the work was not satisfactory. So now we are trying to understand how a college is a federal project and how we find out if by them holding the 10% instead of 5%, if they are stating our work is not satisfactory. They have told us everything looks good so far....Read More
We hired a contractor and his company. He stated he can do it all. Literally the name of his company. He promised us a completion date. We went right past that date by over two months when we finally came to an agreement to part ways with the agreement that he would pay us back money. He paid a small amount back but refuses to pay any more back. They also got our electricity illegally. They were extremely shady about everything. I have text messages and a recording of things. I have pictures. I have paperwork. I want these guys in jail and my money back. This is not ok that they are walking around with no repercussions of their actions. We did find out they are not licensed and are still working on other peoples houses....Read More
Our company has worked with one GC on two different projects. One project was an outdoor project in which the GC demanded that we use a material that we knew was unsuitable for outdoor use and advised them against it because we knew there would be future issues. We have gone back on 3 occasions to fix this project but still, more work is needed long-term due to their misstep. We simultaneously completed a second project with the same GC, to the homeowner's satisfaction and now the GC is withholding payment for the completed job until we repair the other project. We have assured the GC that we would happily assist with the other project once we receive payment for the job we completed but they are still refusing to pay us. Do we have any recourse in the situation? Please note that a preliminary notice was not sent. ...Read More
The homeowner wants her son involved in building and remodeling the home the sun is disabled and I was told last night we are required to pay him $18 an hour he knows nothing about construction has never work construction he is not a subcontractor and if we don’t hire him then she’s going to cancel our check...Read More
We hired a contractor and he started our construction project in April. The job was supposed to be done by end of July. We paid the contractor in full and he signed and dated the in full payment July 28th. Our project is still not done. The contractor rarely replies to calls or texts and has only been showing up to work 1 day a week and sometimes not at all. What can we do?...Read More
Was hired to do exterior pressure washing job, once completed client was happy, asked if I could also paint and clean inside of the resident, a day before I would have finished , was fired, and client refuses to pay, beacause I didn't finish job, but didn't finish job because I was fired...Read More