I paid an unlicensed contractor under the false pretense that they were licensed. This fraudulent contractor hired (subcontracted on his own authority) his friend to do the electrical work. The electrician is a licensed electrical apprentice, can this electrician file a lien against my property if he lies and says his friend didn't pay him? I did pay the contractor in excess of the work that he performed and am now in the process of trying to pursue civil litigation and criminal charges in order to get a reimbursement for some of the job. No proper permits were pulled and the city issued a stop work order on the renovation and the contractor disappeared....Read More
I'm a subcontractor who was working on a commercial development that had a stop-work order that went into effect before I was actually on the property. I completed design work, some labor (in warehouse), and ordered parts for the job (sprinkler heads that were in a shortage at the time and were ordered in bulk to avoid possible future work delays). These materials were not ever delivered to the job site, but are currently in my warehouse. I have a couple of questions about my lien rights:
1) What should I use as first furnishing date? I have a contract date of 2/10/22, a materials delivery (to me) of 3/23/22, and no date for me or materials being on the site, although I suppose it might be 5/6/22 (listing the job as started and ended on the same day)?
2) I may be able to get the cost of the materials (minus shipping and restocking) back from my supplier. If so, how does this affect a lien? Can I lien for the full amount and then amend the lien if I recoup some costs?
3) If I delay my lien while resolving these questions (I have three months left to file), will it put me later in the line to get paid? I've heard that order of filing impacts order of pay in bankruptcies and want to know if it applies to other situations as well.
Thank you in advance for any guidance or information you can provide. ...Read More
We are a sub-contractor in New Jersey who provided labor to a job i Michigan. The last day of work and the invoice date were 11/24/2021. The General Contractor has refused to pay. We did not send a notice of furnishing to the General Contractor. (did not know the procedure). Can a lien still be filed? ...Read More
I filed a lien against owner of job that we worked on. Come to find out the contractor we worked for also filed a lien against the owner and since we didn't as a sub go in on the lien we are now part of the lawsuit against the owner of the job. I filed the lien before the contractor did. I received a letter saying they would like alls subs to go in on the lawsuit. I had already filed a lien and didnt think it was necessary to go in with them. I didnt realize now we are part of the lawsuit. I dont understand how they can make us part of the lawsuit....Read More
Im a contractor and my last date of work was late January. Sadly, my collection efforts have failed. I want to lien the residential property but I noticed that the home sold to new owners a month after I finished work. Can I lien the home even though there is a new owner?...Read More
A company filed an invalid lien on a botched granite counter job after I called them to get the issue resolved and then ignoring my calls for months. They did not correct the major mistakes made on the job and filed after the 90 day period after installation. I need to get the lien removed as the property was sold before they placed the lien. I don't want to hire an attorney as it would cost more than what they say I owe. My invoice states I owe $500 but they are claiming $1600. I have proof that it the filing was after 90 days, there was no contract with statutory language. Just want to file with the court to prove my case and have the lien removed on a house I already sold. Please help....Read More
Performing as a sub-sub contractor providing labor, we did not meet the 20 day deadline to provide Notice of Furnishing to the prime & property owner. (We sent the Notice of Furnishing 6 months after the deadline.) What lien rights are still available to us?...Read More
I was hired to fill in a swimming pool and level the yard. After the initial rental of a bobcat and 2 truckloads of dirt plus the last 3 truckloads of dirt and 2 days of rental costs for another bobcat.
Between these I used my own money to buy more dirt (approximately 10 truckloads) and rental of a bobcat for 14 days. I have asked the contractor for money but he keeps saying that the owner needs to pay more money. When I spoke with the owner he said that the contract was between him and the contractor and he can't discuss the funding with me.
I currently have NO money to pay my bills and I already have 2 in delinquency. Can I file a mechanics lien on this contractor. Him and I don't have a written contract. This was all on verbal agreement between us....Read More
I own a water mitigation company. I filed a mechanics lien via levelset on the 90th day of the last day on the job (deadline in MI) to collect payment from a customer.
Levelset has issued a notification that as of today, I am past the deadline. Is this correct? Does the lien have to be recorded on the 90th day, or filed (the lien paperwork shows filed on 11/4/21 which is within the deadline) on the 90th day? Thanks in advance. ...Read More
I had a masonry contractor repair a brick porch on my house. The repairs are of unacceptable quality, and some areas needing repair were not completed. the contractor sent their employee twice to supposedly address this, but they only made the situation worse, and still did not complete the repair. Now they are filing a lien as i refuse to pay for unsatisfactory work. There was no written contract. How do I challenge the validity of the lien?...Read More
Can a contractor file a lien on work that is not yet completed, hasn’t requested payment and I haven’t refused payment. We ere waiting for the last repair in order for them to finish the carpet. The contractor then filed a lien. How is that legal?...Read More
A mechanics lien was filed on our for sale property a person who wanted to buy the property. He has talked for a year about buying the property but when we let him know we had a cash offer from another buyer he got mad. We offered to sell him the property for $1500 less than the cash offer but he only came back with an offer $5000 less. He had been telling us for the year that he would clean up the backyard while he was getting the deal around. That did happen though he brought in someone with power equipment to do the work. He is claiming $11,000 for research on what need to be done to the property and $890 for the clean up. Or at least we think that is what the charges are for. He did not provide us a copy of the lien except grainy photos. He has not provided any invoices, bills or accounting to explain the amounts claimed. He is not a contractor. We never hired him or ask him to do any work on the property. He did in text messages threaten he was coming for his money. He called our cash buyer yelled and swore at them, Threaten to "call the prosecutor and accuse him of fraud for buy a property he has a lien on." We had to take the grainy photo in the text message to the Reg of Deeds to was able to pull the document number. Our name is spelled wrong on the lien. He is holding our property hostage until we give in to his price. What do we do? Who do we call? Can we request a judge review the lien? How do we do that? Jenny H...Read More
I had a contractor work on my kitchen remodel. Start date was suppose to be on 17th of May with an end date two weeks. They completed some work and then he didn't show up for 3 days within those two weeks. I took a day off from work for him to complete some electrical work and he didn't show up. My counter top was delayed for a week due to poor measurements of the cabinet spacing. There is noticeable unsatisfactory work done on the kitchen. I had to hire someone else to do the work as he backed out of the job and didn't want to show up as I had requested. I then stopped the payment of 1900 due to loss of time due to paying another person to finish the work. What should I do now as he is threatening me with a foreclosure on my house. BTW there was no CONTRACT signed. ...Read More
repairs were performed on my vehicle in Oct 2020. payment was made with a prepaid debit card for $2441. The mechanics card machine didn't batch the charges until late Nov. 2020. the mechanic received the funds but then the funds were reversed back to the card company because they thought it was fraud and closed the account. During this time I thought this matter was resolved. My vehicle needed to be repaired again for the same problem in April 2021 and now the repair facility says I still owe the money and will not release my vehicle to me and says they filed for a mechanics lien. It is well past the 90 days since the original repair was made. Can they still file a lien for the repairs done in October?...Read More
I hired a company to paint our new home before we moved in. Turns out, he had day workers painting with little experience. I have about 50 pictures worth of issues. They did a sub par job, broke a couple of small items, didn't rehang any lights or wall plates, didn't complete project, etc. I emailed the owner (who I signed the contract with) telling him I wasn't satisfied with the job, and wasn't paying remaining balance. He sent me an unnotarized Notice of Furnishing. And his one painter texted me saying "he" was going to put a lien on my property bc the owner hasn't paid him. Do I need to do anything?...Read More