equipment supplier rents construction equipment to a subcontractor and delivers the equipment to parcel A
Sub moves equipment to parcel b and uses it there
Can equipment supplier file a construction lien on parcel b...Read More
I am in the process of building a home and one of our contractors is not returning a signed lien waiver for a payment we made to him. He completed the rough in electric work, charged us for materials that have not been delivered. He cashed a 10,000 check now will not sign and return the waiver. Is there any action that can be taken?...Read More
I am a material supplier. We have a customer who is providing repairs to a storage facility that has ordered materials and has failed to pick up or pay for the materials. He has put off picking up these goods several times and now has stopped returning our calls. He has provided us with an address and business name for the facility he is working on. Do we have lien rights. We have yet to send out a NOF. Please let me know. Thank you...Read More
I am a retired Licensed Builder, in the state of Michigan. I currently operate as a Handyman service.
Recently, a friend of a friend recommeded me to repair an "old crooked wooden fence eyesore" and install new adjoining wooden fence to be close in appearance.
Homeowner bought most of materials, (not all) and paid for all required rental equipment.
I didn't really require a up front deposit of 50% ("friend"/trust???), but my friend suggested to homeowner it would be best, which I appreciated.
Many unforseen problems with out of alignment wooden older fence, but it was corrected to homeowners satisfaction, before starting newer thicker wooden fence install, Spent more time and labor on older wooden fence.
Before, completing "older wooden fence" homeower requested additional home repair/maintenance services, because they appreciated my attention to details.
On November 28, 2020, we ( included two helpers) completed all work as requested. Homeowner provided me with a check for the work "we" had completed. The Problem was that the check was for the original estimated balance, plus $200.00... that homeower "hoped would make me happy", she states.
I told the homeowner that I had not determined the final balance of additional requested services, and would advise accordinngly.
Homeowner, was not happy, that I had not cashed the check, after a few days. Even after I submitted Final Balance including every thing, viaDirect Message to cellphone, with some "No Charge concessions". Homeowner stops payment on original check and remits Cashier check for the same amount. I didn't discover this until after the Holidays, thinking homeowner had included a little "extra to make me happy", again.
Homeowner refuses now to respond to Direct Message via her cellphone, So, I sent a 5 page Notice to Set the Record Straight (Certified).
Homeowner responds, with copy to attorney, saying I was threatening to: 1.) file a Mechanics Lien/Small claim court 2.) she would call City Inspection ( ignoring the fact that I told about inspections. that she refused) 3.) I am unlicensed and require a written contract ($600.00 or less) 4.) Saying that she "hope that would clear up thematter".
Q: How would this matter be view via Michigan House Bill 4282?
More specific details can be provided.
Hjean Williams, Executive Project Manager
3900 Hammerberg Road - Suite 329
Flint, Michigan 48507...Read More
I'm the property owner. What if the lien filed is inaccurate? What recourse do I have? Builder went beyond documented budget max. Builder kept 'spending' after I cut off funds (at budget max). I spent $96k on vendors beyond the max budge on items that were inside scope of work. Lien filing was signed and notarized on 11th of month with reference to work that was done on 14th - 3 days after notarization. Funds stopped flowing in December 2019, builder filed lien September 2020 - about 7 months after last task was done (in Feb). I can't afford lawyer support because i'm so upside down over 2 years after start on what should have been a 4-5 month project. And most tasks are still incomplete. Seems unfair to me. Detroit, MI metro area....Read More
I signed a contract with a company to remodel a section of my basement. They only seem to want to communicate over text. They are behind schedule (according to me). there is no estimated completion date or plans and specifications like there is supposed to be according to the contract. When communicating with the contractor it almost seems as though he wants me to be the one to breach the contract. He says he has spent half the contract price on just the framing and there's nothing left of my deposit. He will not provide proof of how he spent the money. There is a dispute resolution portion of the contract. What would be the best course of action given I feel he's overcharged me but also don't want the headache of a lawsuit? ...Read More
March 12 20 Our sink was blocked called Mr. Rooter 4 emergency plumbing & plumber Robert Nelson tried 2 clear drain by snaking & could not clear it... sewage back up.. they had 2 come back & jettline camera paid plumber Robert Nelson $379.63 he came back & jetlinned & cleared drain but sewer line was broken & we need new sewer line /given invoice & agreed 2 pay a total of $5429.50 we paid an additional $2420.37 2 replace sewer so far we paid $2,800 2 mr rooter Plumber Robert n 4 a job that was $5,429.50 total..so we paid him the money after he snaked & used the camera & water jetted ... the rest of the job would b done 1-2days l8r permits & digging & replacing sewer & line in our back yard ... a man from Mr Rooter came 2 dig out & replace ect..after he was done ... he said we owed him $5,000 & said all other $ would b returned by Mr Rooter I went 2 pay by charge & he said only cash or check so I wrote check 4 $5,000 2 Mr . Rooter & he said no write it out 2 him & he spelled his name Nick Nubeck but after job was all done .. when I called mr rooter 4 $2800 refund they didn’t kno what I was tlkn about I found out that mr. Rooter used a contractor that wasn’t part of mr roooter & we paid him $5,000 more! He didn’t take charges only cash or check... 4 $5,000 dollars he had me write it out 2 himself not a company ... he promised us a receipt w/his license# copies of permits they had 2 pull & inspection done & signed off by city & detailed invoice of why & what they did & a detailed list of materials they used...,
they haven’t & won’t help us or give us anything....
So now after it is all said & done they r treating the job as if the contractor was not part of mr rooter & we have 2 get the $5000 back from Nick but we had a contract /receipt w/mr rooter & alone & we thought the contractor was a mr rooter employee that is how they passed him off 2 us & why would we think any different... so that means mr. Rooter charged us $2800 4 only 2 things they did water jet & snake camera totaling $800 .. but we paid them an extra $2000 & they owe us the $2000 4 work they never did!!! & they say they owe us nothing!! & remember the job was a total of $5400 so we owed only $2600 more but we paid a $5,000 check 2 Nick 4 a total of $7,800 4 a job that was supposed 2 only b $5400 & actually not cost us a penny bcause of the policy we have w/a company that royal Oak passes on 2 us 4 coverage on water & sewage that regular home owners insurance does not cover ... all we wanted was paperwork permits 2 give insurance company so we would b reimbursed 4 every penny we paid ... but since this happens last March & started insurance claim it is 2 l8 4 insurance 2 reimburse us & we still don’t have any paperwork 2 submit 2 insurance even if they would reimburse us!!! Please help me!!!...Read More
I discovered a lien had been placed on my office in 2002. I was not notified. The lein was against my contractor as well as me. I had recieved loans on 3 separate times without knowing about the lein. On the 4 loan renewal the bank informed me there was a lein. The loan went through anyway. I now am considering selling the office building and need a clean title. It is my understanding that the lein expires in 1 year. How do I get it removed and what forms do I need present and where should they be presented?
I am a general contractor who completed repairs on a commercial project in Michigan 09/01/20. The original mechanics lien in the amount of $360,542.43 was recorded on 12/21/20. After recording we noticed the "Last date of furnishing labor or materials" was wrong. Since this original document was filed outside of the 90 days deadline is the lien invalid? or if amended is there a chance it would stand....Read More
Client funded initial funding ($15,000). Contractor started work, after submitting plans (including city workpapers) to city; however, before a permit was issued. Contractor "inspected" south wall (prior to permit) - city immediate placed Stop Work Order.
Client engaged contractor for a small ($1,000 +/-) interior project to assist our team in the removal of an internal roof, for safety concerns. Client obtained city approval for the internal roof removal. Client staff, tools and all know direct cost for the small roof project have been paid directly by client - e.g., dumpsters, saw blades, etc.
Last week the city approved revised plans - contractor was contacted....contractor has submitted spreadsheet indicating 284 hours of labor for a few days labor and material cost. We requested a current statement of our funds held in trust; however, contractor indicated that all funds have been withdrawn. We have requested supporting material, which the contractor is unwilling to provide. ...Read More
I have a contract with a GC for a commercial construction project in Michigan that was not paid. I have sent multiple invoices and it has been six months. I did not submit a notice of furnishing because I didn't know it was required. I am a subcontractor Do I have any recourse? I have no contact with the owner....Read More
I'm an environmental consultant and collected 2, 4oz jars of soil media and with an oral agreement to submit the soil to a lab, which I have an account. There was 8 total analyses for literally hundreds of compounds totaling $1,300. There was urgency on behalf of the Client and these samples would help to define the subsequent proposal and cost estimate. The Client is now saying that he did not order the analysis, says he ordered the analysis to stop and won't pay. He was to late to stop the process of analysis. There is a definite "shelf life" or technically a holding time of 10 days. Please advise....Read More
My floor was damaged before we moved in and floor company came out and replaced a few planks but it started showing even more problems and each party wanted me to deal with each other.....also all my woodwork was painted over a lot of dust which looks terrible. I just found out by my association that he built it 50 feet less than he was supposed to. Builder has since sold all Builder lots. ...Read More
We filed a lien that was delivered today. They called us telling us that they would be making a payment issued at the end of the week with the balance in a couple weeks there after. However, they stated that we needed to put a hold on the lien as it would stall the payment. Is this true? I don't want to put a hold on the lien until payment is in the bank as they have made several promises to make payment but haven't followed through....Read More
A general contractor sent us a copy of their Notice of Commencement after they received one of our Notices of Furnishing in Michigan. They pointed out that the legal property description that we had was only containing one part of the parcel and that their NOC had the up to date information. What are the benefits or risks when it comes to sending back a revised notice of furnishing? ...Read More