We filed a lien against one client for mitigation work. We also have other work that will require a lien to get payment for the same client. The client will be expecting the additional lien. What recourse would our company have if she refuses to accept the certified letter notifying her of the second lien?...Read More
Can undocumented laborers file a lien if they aren't paid? I just watched Immigration Nation on Netflix where the laborers came in to South Carolina to work after Hurricane Michael and did a bunch of work for Winterfell Construction, but didn't get paid. I was wondering why none of the immigrants have tried filing a mechanics lien against Winterfell or the owner, Tommy Hamm. I haven't seen anything in the laws that would prevent it.
Of course, the company they filed a lien against could just report them to ICE, since they have to provide their contact information on the claim. Is there any way for a laborer to file a lien and protect their identity at the same time? Can someone else file a lien on their behalf?...Read More
Could an MSA/PSA be considered a contract in Louisiana? We have filed liens against our client and we received the following from their attorneys:
No notice of contract was filed pursuant to La. R.S. 9:4811(A) prior to Defendant
commencing work on either of the Louisiana Projects.
Pursuant to La. R.S. 9:4811(D), Defendant “shall not enjoy” any lien rights under the
Louisiana Private Works Act because no notice of contract was timely filed.
Our Levelset Prelim Notice was sent out towards the end of the project.
Thanks for the help!...Read More
Both subcontractor and sub-tier are licensed and insured minority contractors in Louisiana. This was on a federally funded city public works project. In lieu of a subcontract the subcontractor chose to treat the sub-tier as a vendor (the sub-tier provided rental equipment, operators (if needed) and additional crews of skilled laborers with supervision performing work on this project). The subcontractor failed to supply the contractor with a sublet for the sub-tier. The subcontractor had nefarious intentions from the start. They wanted to treat the sub-tier as a vendor because they felt disclosing that to their CGL, UL and WC insurance would make their insurance rates too high. They failed to 1099 sub-tier for previous payments. There's so much more. Basically, this subcontractor if very dishonest and pretty much only commits fraud from what I've noticed. Subcontractor failed to provide subtier with requested coverage on rental equipment etc etc etc....Read More
We have a contract from 2021 for GC services performed which we are having trouble collecting on. We want to send the account to collections, but were curious if there is a statute of limitations on the contract terms....Read More
My husband and I got hired for a bathroom remodel. When the job first started, it was only the removal of the bathtub and vanity, and installation of shower and new vanity.
Several things have been added as the job progressed, but now the homeowner isn’t happy with the time it is taking to complete the job. The homeowner has now said that if we want our tools back, we have to pay him $400.
There has been well over $400 of work already completed....Read More
I filed a Lien in the state of Louisiana in the amount of $56,782.00. I only filed the lien for the partial amount due on the job, which was a total of approx. $240,000. I was informed that the property is going into foreclosure and the new buyer reached out to me asking to settle the balance and remove the lien. Although the lien is only for $56,782.00, the new buyer is agreeing to settle the entire balance, and lien cancellation, for $120,000. I agreed that I would send a signed lien cancellation in the amount of $120,000. I would like to protect myself by only sending a CONDITIONAL lien cancellation and not an unconditional lien release/cancellation. Where can I get that document to send to this new buyer? Or how else can I protect myself to ensure that he doesn;t just take the Lien Release/Cancellation and not pay nme the $120,000?...Read More