Im a subcontractor that is doing a big building complex in Maine and the contractor is also the owner of the project. By the contract he was supposed to make monthly payments but when the project started he asked to change by percentage of completion and told us that he would pay after 7 days of receiving the invoice. We have a invoice from July 16th that he refuses to pay the full amount and wants to give a payment of less than half. The other invoice is from August 6th and now that is another invoice from August 20th.
In our contact does not say that we can’t stop work for la k of payment but also does not say we can either.
We do not have any warnings from being late on our schedule.
Can we stop work until he pays?
Can we start a process to make sure he pays with the court? ...Read More
I filed a lien on a $9,400 new construction paint job. I called an attorney for his thoughts on enforcing the lien. He said for that amount to enforce the lien is not worth it because it would cost about $9,400 in lawyer fees. Is this true? Can I enforce the lien myself?...Read More
Dear Levelset,
I am a high school career and technical education teacher. I teach students about Entrepreneurship. About a year and ago, my students and I created a non-profit called "The Center for Entrepreneurial Studies". It turned out to be something the community rallied around and appears that it may actually become a major thing. My boss never had time for me or time to digest the project. I mentioned it to her repeatedly but she seems to think I did it without her knowledge. Nevertheless, the Superintendent loves the idea and mentioned an MOU, etc. etc. I knew my boss was still not on board because she refused to answer my messages or requests. Recently, the woman who previously held my bosses position saw my boss in the grocery store. During their conversation, the previous administrator exclaimed how excited she was about the project. My boss stated that I signed contracts without her consent and I was trying to get her fired, which is untrue on both accounts. I know my boss has repeatedly "poisoned the pool" and I have never had concrete proof. How should I proceed in your opinion? Thank you...Read More
I built a house for someone in 2008. They stiffed me on the final draw of approximately $46,000. I filed a lien within the 90 day time period and it still exists on the local registry of deeds to this day. However, I never pursued it further (no intent of foreclosure, no lawsuit, etc was filed) There was another materials supplier that he stiffed for about $29,000 and that was the same situation. That lien was filed but no further action done. A third party filed a lien, and then sued the homeowner and they were paid, and the lien released for the amount of roughly $14,000. My question, this is obviously after the actionable dates and beyond the statue of limitations for my state of Maine which I believe is 6 years from the stoppage of work. Can I do anything now to collect my payment? Second question, my business went bankrupt shortly after he stiffed me. The lien was in my name "John Smith D/B/A Construction & sons" ----because the business is bankrupt, but was in both my name AND the business name, is that lien still valid and actionable when the property owner dies and the house goes into probate, estate, etc? Final question, if I die before I can collect on my lien, can my son legally pursue it after my death (we share the same name) If not, where does the lien go, what happens to the funds, and does the lien just die out? There was a contract between myself and the owner and his wife. Also, the lien was in both their names not only his, so they are both responsible in the end....Read More
I would for a small, family-owned stone installation company. I wanted to make up a customer agreement form that lays out the services, payment stipulations, etc. One of the things I wanted to add was a late fee that would be added to the net invoice. But, I don't know what percentage I can charge a customer if they're late with the final payment, the timeframe, etc....Read More
Levelset has helped me file a mechcanics lien on a condo we painted for a builder. The condo is used as a model home for the whole development of 120 units. Since it is a model home the builder has no intentions of selling it anytime soon. So the mechanics lien doesn't give me any leverage on me getting paid. Can I charge this builder interest until he pays ?...Read More
Hello. I did a large amount of work and supplied materials for a job. I was paid in increments while doing the work with an AmEx card. Then, after being asked to let a friend of the family finish the project because they had other problems in the house and wanted to save money, they did chargebacks for most of the money. Quickbooks is now after me for $25,000. How can I resolve this?...Read More
Do I get a signed termination agreement (if possible)? Can I withhold their funds until this is resolved? Or can I just return the funds to the bank and provide a notice of termination letter? Will I be able to pay a construction lawyer review the notice before I send it or will it be more complicated than that?...Read More
Is a mechanics lien the appropriate mechanism for nonpayment of road assessments for maintenance and snowplowing of a private road used by more than 3 property owners?...Read More