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
We are a new contractor in Louisiana and worked on a large project in Baton Rouge and complete it. We have contacted the apartment complex and no one has returned our calls. ...Read More
Hello,
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:
26.
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.
27.
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
Hello, My name is Jamal. I recently started a project at a customer home and didn't get paid. I had a contract with the customer but didn't have a notice of lien. Is there anything you all can help me with?...Read More
Can we file a notice of Termination and have it filed with the county if the homeowner never signs it? Will that give us lien rights as we have not worked on this property for over a year!...Read More
My roof contractor is demanding payment in full (partial payment was paid previously). He recently submitted supplements and my homeowner's insurance has not released all of the funds for the supplements or the depreciation for the roof claim. He came to my door demanding payment of a different amount than he had on a previous invoice he gave me that was from January. The amount he showed me was written in pencil. I told him that the insurance has not paid me in full and the supplements were in the pipeline to be paid but I don't have the money or a revised estimate from my insurance yet, so I will pay him for the work completed at the amount the insurance approved once they send that to me. He waved an estimate from my insurance in front of me with different amounts than the versions I have in my portal and said he can see that I am supposed to get X amount from my insurance for my entire claim so just pay him. This estimate appeared to have my entire claim information on it (for other areas of my home that he is not a contractor on) and he would not let me look at, hold or photocopy the document. Then he tried to say that I should get 20K in depreciation for my entire claim so I should just pay him now. I do not have in writing what the insurance has approved for the supplements, but from a rep I spoke to last week, he submitted supplements for work that he did not do (to include installing drip edge (he did not remove or reinstall any drip edge on my home), starter shingles installed (he used upside down regular shingles that did not match my roof and were obviously from another job) and those items are required per manufacturers guidelines and drip edge is required per buidling code. I texted him to say to send the invoice and we will compare to insurance and pay for what was completed and at the rate the insurance approved. He then said that he will have his attorney file in court for nonpayment and per his contract, I will owe attorneys fees for nonpayment claims. What recourse do I have? isn't he in breach of contract, guilty of fraud (for billing insurance/me for work he did not complete), or anything that allows us to not pay for attorney's fees? I am happy to pay for work completed, but my insurance hasn't paid me yet. I feel he is pressuring me with fraudulent documents and that should matter if it goes to court. ...Read More
I completed work including labor and materials on a commercial building in tangipahoa parish over 46 days ago. Customer will not pay even after multiple invoices sent, notice of intent to lien, phone calls, text messages and emails. ...Read More
I am a material supplier providing materials to jobs/properties/contractors in Louisiana.
FYI the "free" ask an expert was not working in the Louisiana Lien blog area....Read More
We provided framing materials to a home owner in Louisiana in late May 2022. The installer he hired framed the house and was paid. We were told he was closing on his construction loan and would pay us at that time. Now he says he can't get a loan. He paid approximately $15k of the $45k total as a down payment. The house is framed but otherwise unfinished. ...Read More
Can a contractor file a Mechanics lien that's license/ not licensed in Louisiana? The contractor refused payment after he was fired for incomplete work, non-attendance and damages to property while installing entry and closets doors....Read More
Hi, I am a home owner who hired a licensed plumber to tunnel under my home. I paid $6000 deposit prior to commencement of work, to cover the initial digging. Total job cost would be about $16,000. No Notice of Lien Rights document was provided to me. He started work Sept 23, 2019. After 2 weeks he had tunneled the main line. We ran into additional problems with other lines, so I had to file for additional insurance. Work was suspended. Insurance was dragging, then required an independent plumber to quote it. Our plumber got frustrated and on Dec. 2, via text messages, said he quit the job and to let the other plumber handle it; then proceeded to demand additional $3000 to stay on the job. I ignored his request. I considered him off the job at that point, although he frequently checked back in to see if insurance covered the additional work, to which I replied insurance was pending. In early Feb 2020 insurance gave me the number it would cover for the additional work. Out of courtesy I contacted this initial plumber, shared the 3rd party plumber's quote which was much lower than his, and asked for his updated quote if we wanted another stab at finishing the job. He did not provide in the time I requested, so I officially "fired" him in writing. Today he responded that he would now issue an invoice for supplemental "hard digging" fee and for the cost of his insurance for 5 months (Sept 23 - Feb 17), neither of which were line items on his quote/contract. If we didn't pay it, he would file lien.
Regardless of his abandoning the job over 2 months ago, and regardless of his alleged bases for potentially filing a lien, can he even file a valid lien if he never gave us a Notice of Lien Rights prior to starting the job (or anytime thereafter)? If he can, does either the abandonment issue or the lien content invalidate his lien? Thanks! And please tell Scott that Hobbs says hello, and congrats on his business successes. Thanks for your time and help....Read More
We had a lien placed on our home because our insurance never paid them for the service. We got a lawyer and sued our insurance company. We just got served papers by the the mitigation company that placed the lien on our home and a day later found out our insurance is bankrupt. Any ideas of what might happen? Our lawyer is defending us when it goes to court ...Read More
I am a General Contractor that hired a roofing company to install a roof on a home. The roof leaked causing damage to the interior. I paid 2 different companies to fix the roof leak and repair the damage on the interior. In addition the initial company installed another roof for me that had issues and to be corrected. These damages totaled up to about what was owed on the home that got the interior damage . Now the sub contractor has placed a lien on my home owners home. ....Read More