My general contractor has not paid the subs and one company has filed a mechanic lien. I made a complain with the department of labor and industry and so did the company. Now my contractor is required to pay they what he owes but now I find out that this company is not releasing the lien but selling it to the contractor after he pays it in full giving him the ability to foreclose on my new house. I live in Burnsville MN my question is can he do this and is this possible? And if so how do I prevent it from happening
Tom Munro...Read More
I am contractor in Minnesota and filed mechanic lien for $4000 last July 2020.
I hired by staging company for this job and this property sold last February 2021 and lien transferred . my payment is hold in ESCROW account and they don't release it.
What i can do to get my payment?
I have a question.
We have a contractor that was to hang drywall, tape and mud. He gave himself 30 days to complete the project. We are now at 34 days, and he is not even 50% complete with the project. We are also not happy with his work quailty.
The total bid was 9000.00, we have paid him 4500.
I just sent him a breach of contract letter through certified mail. Now, he wants to put a mechanics lien on our property for the portion of the work that is not complete.
Can he do that? ...Read More
We paid half down, and still owe half. The job was completed Sept 16, 2020. Bad workmanship needs correcting. Construction told us to have another construction company inspect job & write a report and they work fix those items. They will not. They wanted to repair select items and when we questioned what items, no more communication from them. Why haven't they filed a lien?
We don't think there is a contract, we have asked for a copy numerous times in the last year without success. In Mn do constr. companies have to give a written notice within 45 days of starting the work that they could file a lien?...Read More
On your website I found a statement that states Minnesota forbids waiving the right to a lien prior to actually receiving payment. Can you provide the exact statute that references this? I have many customers "requiring" a full unconditional lien waiver before they will release payment. I would like to quote them chapter and verse why I cannot comply....Read More
I had an insurance roof claim for hail damage and reroof. I hired a contractor because one I felt sorry for him and also because to get the job, he offered to do FREE handyman work for me. He asked me what I needed done, and being 60 and 5 major spine surgeries, what needs done at my old house is alot. I kept asking what he meant, what type things. I said I need deck boards replaced ( large deck and I can only afford to get a few done a year ), need painting on 2 sides of the taller part of my house, needed a microwave removed and new attached to cupboard and a bunch of medium/ small trees cut down. He said I'll do all of it ! I was shocked, needless to say and of course thrilled. And untrusting until he handed me 2 blank contracts, one for the roof job almost $19,000 job, and one for FREE handyman work. He told me to put everything mentioned I need done on the FREE handyman contract and said put 0$s on amount owed. I did. The roof. A nightmare. Many issues, rained on bare stripped roof decking, didnt dry out, ice water shield not adhered wavy and tons of staples used to TRY to get it to lay flatter but areas still look bad, underlayment rippled, rained hard the whole night after 2nd crew 2nd day of roofing. I got up the next morning to find the contractor himself and 2 guys frantically working. I asked what they were doing and he said 'ridge cap". Evidently the ridge cap was left not done and it had poured rain all night without it I have soooo many new horrible problems here since he roof was done ( end of last august ). He did replace deck boards and had a guy paint 2 sides of the tall part of the house. The other free handyman work I didnt ask him to do it because I was grateful for what he did and I needed him to address and fix all the roofing issues. Every time I mentioned them he got angry. He thought by doing the deck and painting she will let the roof problems go and forget them. I believe some are serious issues. new icedams over the house where ridge cap was left over night with rained, one of them massive, it was like a giant block. Ive never had ice dams in 33 years since house built and had professionally weatherized and insulation added in 2010. The attic ceiling is black in what appeared to be the area where the hugest ice dam was. I have had a new terrible draft and odd smell all winter and my heat bills much higher than ever and its been a very mild winter. I have new orange on the ceiling around the upstairs bathroom exhaust fan, and have a stove exhaust fan vent that all this junk feel in from the roofers and is full still and I think the 2 flaps must be stuck open as I hear alot of rain coming in every time it rains. I can hear rain from the roof coming into the furnace in the basement every time it rains. I am worried about mold in the walls. Many more issues I have emailed and notified and told the contractor many times all the issues and every time I noticed a new issue. There are things in the roof Contract he did not do, He lied and breached the contract in several ways one was he said Avila Brothers would be the roof crew and they were not here, and they are listed on the release of liability and insurance documents he provided before hiring him. Insurance sent me the first half, check which I finally deposited and waited all fall and winter for the contractor to provide the workmanship warranty, receipts for roof material and shingle warranty as stated in he contract. He just emailed them end of Feb but workmanship warranty not filled out completely and so faded its not readable. Asked for readable hard copy and he went and just filed a lien dated Feb 26th 2021. He put did "deck", roof, etc and date STARTED Aug 19th 2020 ( correct ) and date last did improvements he put Nov 6, 2020 ( which is incorrect ) He basically used the last date his guy was here doing FREE handyman work painting. He used false information ( listed roof and also listed some of the handyman work free contract stuff, and used the Nov 6th date because it had been over 120 days for filing a lien.+ I waited since last august for issues to be addressed. Then snow came and temps and nothing could be done. The contract has things not done in it and it also states all damages caused by contractor to be repaired or replaced. Payment in full when everything above listed is done. He hasnt been paid anything yet. I have no intentions of keeping the insurance money. My adjuster is coming 4/19 to look at the roof and make sure everything in the claim is done. And I suppose if it is will release the 2nd check. I believe I have serious issues here caused by the roofers. I have lien now that contractor put invalid information on. ...Read More
2019 I completed work on a single family home. Owner paid part of the bill but left $6200 unpaid. I gave her an additional 90 days to pay. She didn't pay and I filed paperwork with small claims court. The court failed to notify me of the pending case and it was tossed. I refiled and won my settlement. It was contested and we went to Conciliation court and I won that case as well. The property I completed the work on she has now put up for sale. I am NOT a licensed contractor but still want to place a Lien on the Property. What direction do I go now? What form do I need to proceed?...Read More
I am a contractor and my customer did not want to sign a contract so I have been working with her by invoices. I have collected 60% so far as down payment. I asked for progress payment when the project was almost completed but she refused and said she won’t pay until job was completed. I have warned her if she doesn’t pay, I will file a lien. I have been sending her invoices every 30 days since and I am approaching 100 days. Job was completed on 12/6/20. What do you recommend?
I am a snow removal sub contractor. I recently received a lein waver to sign for payment of my services. I have not been paid yet and the General contractor wants to have me sign a lein waver before he pays me. Is this legal? Sounds like I should get payment first before signing away my rights. I am located in Minnesota. What are your thoughts?...Read More
We are a general contractor. We are always good about paying out subcontractors in a timely manner once we have been paid by the client. However in the past and just recently, we have had issues with subcontractors not paying their subs/suppliers (2nd tier). What can we do as a general contractor to ensure that that 2nd tier is getting paid? In this recent situation we have paid our subcontractor all of their contract, minus a small portion of retainage. We just received notice from a 2nd tier sub that they are owed a significant amount of money above and beyond the retainage portion we still owe to our sub. It is at the 120 day mark, and they will be filing a lien. Do we need to pay this 2nd tier sub? What can we do going forward to prevent this from happening?
Thank you....Read More
My contractor did not finish all details in the contract, but did do the reroof. I need to have the roof inspected to ensure all ins claim work is completed as listed but snow interfered. I also have a lot of issues I strongly believe are caused by roofers and I need an inspection now which is very expensive and pay to have the issues fixed and contract things finished. He has not been paid anything yet. I actually thought he would come back and fix and finish the contract work. He was made aware many times. The contract states he must provide copies of the receipts for all material, his workman ship warranty and the shingle warranty. He just finally emailed these to me after asking many many times. The reroof was done the end of august. I THINK he filed a lien. I received a notice from the post office I have a certified letter. ...Read More
I am filing a mechanics lien Monday morning For $4500.00, The contractor sent me a check for
$2700.00 and wrote on the memo "Final payment" for work done. If I cash that check will that void my mechanics lien ?...Read More
My contractor states they have an NDA with their supplier and refuses to show proof of material purchase from their supplier. As a home owner is it my legal right to be given a copy of a lien waiver as proof my contractor paid their supplier?...Read More