I'm a subcontractor that was hired by another company to perform the construction cleaning for a new memory care development, they didn't want it to pay me so I didn't finish the job, but completed about 80% of the project. He is playing around with me and owes me about 20k, can I put a lien on this case?? I don't have a signed contract, only have a work order....Read More
I am a certified maintenance technician and skilled carpenter. I had as verbal agreement to restore a condemned , 2 story residential home (with detached garage) in exchange for Occupancy in lower level for duration of “ life”. Owner now faces foreclosure. I have invested $50,000 of my own money and two years worth of hard labor. The home was uninhabitable prior to our agreement. Owner has increased property value and enjoyed for two years . I have not been able to enjoy as promised due to owners continued breach of agreements for on going labor....Read More
We filed a bond lien on a new school build and had set forth the expectations that if we had to file a lien, we would charge an additional fee of $1,500.00 and a monthly interest rate of 1.5%. Do we sign and return the final lien waiver for payment and then petition the court for the additional fee before we lift the lien? Not sure what the proper protocol is at this point? Many thanks for considering my request....Read More
On a project that I'm working on, our scope of work has been complete since July of 2021 and the building has been occupied for roughly a year. We still haven't seen retention payment for this project. When do owners/GC's need to pay retention?...Read More
I am the owner of a design/build firm. We designed a finish basement for a client and although they loved the design, they couldn't quite afford it. We decided to split it up into phases. We would remediate the existing mold, build and insulate the walls; install plumbing, electrical and HVAC; install and finish drywall, prime walls, install flooring and millwork. We specifically excluded painting and the bathroom finishes as they thought they might do that themselves so save money. We postponed cabinets and appliances to phase two. We got to the end of the job (phase one) and billed them the remaining amount for that contract. They replied back that they felt like the drywall needed to be touched up. We explained that we typically touch up the walls just prior to painting because they can become damaged more easily since they are not protected by paint. I also realized that some of the pictures she sent me resembled pics i took of damage caused their HVAC contractor. I told her no matter what I want to come out there and look at it. Anything we could do we would do. She responded and said don't come, I've hired another contractor to do it and I no longer feel obligated pay you. Our written scope of work was done as promised, and I think it was done exceptionally well. Even so, we did reassure her that if there were issues with the promised work, we would it definitely address it. I could not confirm nor deny the claim that the drywall needed touchups. I believe I am entitled to be paid for services rendered. I also believe I had a right to address any issue that may have been present. I have already delivered my intent to file a lien 12 days ago. Should I continue down this road?...Read More
I hired a contractor to pour concrete slab, he busted a sub to help. I paid full amount to the contractor at the job completion. Just found a lien on my house from the sub How do I remove it? 1.) I didn’t get any notice 2.) contractor signed a lien relies 3.) it’s within 1 year and my construction loan is frozen because of the lien and I have to pay other contractor...Read More
Can a contractor file a lien if they have admitted to doing permit-able work without pulling proper permits? I have it in writing that they knowingly didn't pull the permits to insulate our exterior wall or redo our plumbing in the kitchen. We are in the process of filing a complaint with the state of Minnesota and I spoke with the city building inspector and he said, obviously, he can't do an inspection at the end-would have to rip our walls open, if we made the contractor pull the permits. We also started an insurance claim with the general contractors agent for damages the subcontractors did to our window, paint, carpet and chipped counter top. We originally deducted the cost of these items based on estimates we received - except the counter top as it can't be patched and I don't want to necessarily replace it since we've got an under mount sink and a seam that the installers did an amazing job on - I just deducted an amount since he wasn't willing to even address it, we asked him to send us an adjusted final invoice which he is refusing so I contacted his agent to start a claim. Also, our new counter top had a defect in it and was replaced via warranty over a month after the rest of the project was completed - Does that day count as part of calculation when determining the 120 days to file a lien notice?...Read More
Scenario One
I am a sub-contractor working for a prime doing Information Technology work. I submit my time sheet every 30 days. However the prime informed us via phone within 3 days to obtain payment but payment took 10 days, is this acceptable?
Scenario Two
Sub-contractor creates a time sheet every 30 days, then Prime indicated two weeks after time sheet submission. Prime will pay the sub-contractor two weeks of pay (80 hours), and continue to pay sub-contractor every two weeks until contract expires? Seems prime is hold funds back for 30 days (160 hours), is this acceptable?...Read More
I am a subcontractor at times and a material supplier at other times. I have been advised by another source that a pre-lien (preliminary lien) notice only needs to be sent if the building (space) being lined is less than 5,000 sq ft. Should I be following this advice is there a square foot loop hole?...Read More
Hello My Question? I'm a subcontractor I finished my work, and I filed a Preliminary lien on a few projects, and just discovered that I will need to provide a Preliminary Claimants Notice, so my question is will the Preliminary be Sufficient work, or is it to late to file a Preliminary Claimants Notice, Also I already Filed my Intent to Lien Notice and I just Finished filing My Lien Notice Please confirm. Thanks....Read More
I'm a sub and was painting new construction for a gc. We had an arraignment on payment and when I asked to be paid for work completed pet our agreement he kept putting me off. So I stopped worrking until I received a check. When I did get check it was not the correct amount and he then told me I couldn't not show up for a month and then come back and finish. Then he refused to pay me the rest of what I was owed. So I sent him an intent to lien if no payment within 10 days . Now he is demanding I come and complete within 24 hours or he says I'm refusing. I still have not been correctly compensated. I told him I would come but I want a punch list and clear parameters on payment and amount and he refuses. Says I'm playing games. I feel he is trying to intimidate me. What are the legalities here with this and time frames....Read More
We filed a lien on our customer back in June and we want to foreclose on it. They have been unresponsive and that is showing us that they don't plan on paying for the work we performed for them. What are the next steps to get this done?...Read More
I own a design+build firm where we help clients design a custom home and subsequently build that newly designed home. I'm also a licensed general contractor in Minnesota. I currently have a have a client who contracted my firm to design a new luxury single family home for their family, and this client currently has a $23,300 outstanding invoice with my firm for architect services, interior design services, civil engineering, and structural engineering design, but they are refusing to pay this final invoice. The civil engineer/surveyor is a subcontractor of mine, and he did some on-site work during the design process, including staking on the empty lot to complete a updated certificate of survey. Other than that civil engineering work, no other labor, demo, excavating or construction has been done yet on the client's empty lot they own. However, we did substantial design work and completed the design for the client, and they simply got cold feet at the end, even after we went through multiple redesigns to get within their set budget. My firm completed all the work outlined in our contract and should be paid for the work we did. The client owns the empty lot and signed our Design Services Contract that includes a Pre-Lien Notice with my firm after they purchased the lot. The client now has their lot under contract with another buyer for a higher purchase price that they purchased it for ($280k higher so they are making a considerable amount of profit), and the sale is set to close to the new buyer on Sept 30th. I would like to file a lien on the client's lot for the outstanding $23k+ invoice before they sell it, but I have been hearing some conflicting opinions that I may not be able to file a lien for the Design Services work we've done. My question is, can I file a lien in Minnesota for the substantial work I've outlined above considering there was some surveying work done on-site (albeit minor work)? Thank you...Read More
We completed a job work on a job add some cooling only rooftop units to a car dealership on 7/22/22, but one of the subcontractors we hired did not complete their portion on the work until 8/8/22. Which date should I use to determine when the lien rights expire?...Read More