We have been given notice of a lien against a property that we own. The notice was sent by email only. no certified notice was received. The contractor has been paid in full for all work preformed. After he received full payment on the contracted amount, he wanted more money ($900) to pay him for the work he would not perform in the spring. If we did not pay that amount, he would file a lien against us for over $4500, which he has now done. He is not licensed in Minnesota were the work was performed. What are our options?.......Read More
We received a lien from the lumber company stating we owe the past due monies from the GC. The GC claims they are paying the lien off but has not done. We have 30 days to respond to the lien which comes up on Friday. What should we do?...Read More
Customer disputed credit card charge 5 months after service, the dispute went in his favor with his bank. Do we have any legal options to collect this money?...Read More
We are a hired subcontractor who have not been paid for work done in February/March of this year. The GC is in the process of filing foreclosure on the property. Until now we have not made any legal action against the GC or the contractor. Can we lien on this property or file anything under the foreclosure to try to get some of our invoices paid? What are the next legal steps for a subcontractor who did not file a lien on the property within the time allotted time frame. Can we file a lien still? What are the legal kickbacks possible if we file and they reject/challenge the lien? ...Read More
We are in the business of insurance restoration. We have a client that owes us, per our contract, almost $21,000. He has paid us the total of the original claim amount, but we negotiated with the insurance company on a much larger settlement to cover all of the damages. He won't pay the rest, stating that "we shouldn't know the total from insurance - it's not our business". We have his written permission to negotiate directly with insurance for the settlement, so of course we know the amount. What do we do?...Read More
Did GC work in MN realized i didnt send a Prelim or a contract- just sent an invoice within 4 days with the following at the bottom: Terms & Conditions:Invoices are due upon receipt. Notices to collect will go out. If non-payment, you will be turned over to collections and/or an attorney with a lien placed on your property. Will that be enough for me to have lien rights?...Read More
I was hired by a residential building contractor to drywall his personal house and I need to file a pre lien. I started the work on July 23, 2018....Read More
One of our subs was waiting to be paid for work they did for us on a large reno project. While we were in the process of making financing arrangements to pay them, they filed a lien with the bldg owner. The owner went ahead and paid them directly using funds that were owed to us from a separately executed contract (at the same location, but not the original contract that the sub performed work on). The owner is now asking us to endorse and return a joint check (issued to us and the owner) and lien waiver for the amount that was paid to the sub. Keep in mind, we were given no notices that any of this was happening and we made no agreements to any of it. We had every intention of paying our sub. But we had no formal contract with them stating payment terms and we just needed a little more time (not an excuse, just reality). Getting past the right or wrong thing to do argument, what would be in our best interest from a legal standpoint? Sign and return the documents, don't sign and sue (six figures, and we really need the money), or file a lien of our own?...Read More
I provided installation services to an IL dealer on a project done in MN with an invoice date of 4/12/18. Turns out the dealer has been paid for 90% (Materials, freight, installation). The end user (State of MN Historical Society) is withholding the 10% which I think is what the dealer was going to use to pay me for my installation services. After talking to the Director of the museum (since I cannot get ahold of the dealer) I have learned they are going back and forth about a small amount of accessories not included on the order (about 2500.00). I believe the end user is correct in withholding payment due to the fact that the missing accessories are specifically included in the proposal that they signed off on. I do not want to file a lien against them (MN), but rather the IL dealer who is in breech of contract with the customer and whom
I contracted with to provide the installation....Read More
I signed a contract to have my roof replaced by a contractor. 2 weeks later, insurance added the siding to the claim. I told the contractor that I will replace the siding. He got angry and said that he was entitled to the entire claim. I have signed nothing regarding the siding. There is fine print on the back of the contract saying that if I cancel then I will owe the contractor 25% of the claim, which was about $8,000 at the time for the roof. I am still awarding him the roof job but he is refusing to do it unless he gets the siding as well. So, is sent an intent to file lien for 25% of the entire $22,000 claim, about $5700. Do I actually owe him this?...Read More
The subcontractor was providing landscaping and drainage along a newly installed city bridge. There are several previous pay applications that have not paid. The subcontractor has filed a claim on the bond and requested the Surety information, but the GC will not provide them. It doesn't seem right that a state project requiring a performance and payment bond would not be required to share the bonding information if something like this happens. How else would the subcontractor be able to file a claim and collect with out the surety info?...Read More
Our company, GreenGuard Construction had zlien place a mechanics lien on a property. This was on 2/26/18. GreenGuard found out this past weekend that the homeowner's of this property sold and closed on this property on 4/27/18. We thought that having the lien was our protection, what recourse have we now?...Read More
Most of the projects in Minnesota that we are a General Contractor on are emergency electrical jobs. Most of the time, the customer calls into the office, a price is given, and the project is started in a day or two. A contract is never actually signed, so what should our date of contract be? The date that they call us, or the date that we start on the job?...Read More