My husband and I are separated. we had a 1998 camaro that is titled in my name. He took all the money so I took the car. Now his dad is threatening to press charges because he said he put some of the parts in the car including the motor. Can he do that? He said he would file a mechanics lein on it. ...Read More
Our home builder left lots of items unfinished and just had materials delivered and left leaning against our home. They did not install some items, (pot filler and more), and some work must be redone. (A brick knee-wall was built off-center and must be removed and rebuilt in order to complete the sunroom) We have discovered that they buried large amounts of debris in the yard. We discovered this because they covered this debris with dirt and did not provide erosion control or sod in this area, causing the items to be exposed by rains. Significant erosion now exists. They were finally told to leave our property and not return after they entered our residence without permission or us present, two weeks after we had closed and moved in. They claimed that they were doing a final walk-thru. Now they are claiming that we owe them for the materials and labor on work not completed. We offered to allow them to retrieve the materials they delivered without notice to our home. They would not respond. Next they filed notice of a Contractors Lien through an attorney's office.
I signed a contract with the owner of the property and I was given 60 days to complete the job and I was 2 weeks into it she started rushing me to get the job done and she then hired a designer to come in and see over the house and he also has been rushing the job so much that he took over how I was to split the remainder of the money with my employees because they are the ones who are actually doing the work and the owner and the designer told me I was not to come back to the house until the job was completed and change the locks on the entrance gate and doors and cut my lock off giving me no access to get in to work...Read More
Have a mechanic shop the owner left it for 30 days and I started storage I ran certified letters to the owner and lien holder. My husband has been doing this for 30 years I have 5 I have went by the guidelines of Mississippi but now a lawyer is telling me I can’t charge storage on the vehicle ...Read More
I am a Sub Contractor working for a company that is NOT the GC. ( so I would assume they are sub contractors aswell). I did not file a notice to owner when starting this project in Mississippi back in June 2020. I have a feeling do to payments dragging the company I am providing labor for only is not going to pay me for work completed( we are at number 95% right now). Can I still sent a notice to owner ( I only know the GC on this project not sure how to find out the owner)? I also have change order which I still need to submit after completing that beginning of Sept 2020. And last I am still owed retainer which normally only gets released 45- 90 days after completing my scope of work which will be done by End Sept 2020 First week Oct 2020.
As a note. This construction we are doing is a extention of a existing property. ...Read More
My company is based in Fort Lauderdale, FL, We installed an external debris chute at a commercial property in Meridian Mississippi in January 2020. The customer made two payments then stopped and now is in arrears $12,000.00. Levelset sent out a preliminary notice when the work began. The cust does not want us to take down the chute and refuses to pay. Are we legally allowed to proceed with filing a lien to try and collect the monies owed to us? Some of your advisors, who are not attorneys keep saying something about only having 90 days to file. Please advise.
Thank you...Read More
I have concerns about a contract's language regarding my lien rights. The job is located in Mississippi. We are a business located in Wisconsin. We would be a sub to the General Contractor (who is also the owner). We have never seen language like this in any contract and I am uncertain as to
what the language actually means. Is this language particular to the State of Mississippi?
Is the notice the contract speaks of actually the notice of intent to lien?
The language in the contract reads as follows:
part (D) - For any lien right Subcontractor may claim or desire to assert against Contractor in accordance with the terms and conditions of the subcontract or otherwise, Subcontractor must first provide Contractor with written notice of a claimed legitimate dispute between the parties hereto by giving Contractor 45 days prior written notice of such claimed dispute, , which note shall set forth in particular detail the nature of the claim, the proposed amount of the claim and demonstrates that Subcontractor is not in default of any of the terms and conditions of this Subcontract. During said 45 day notice period, Subcontractor and Contractor shall use reasonable efforts to resolve any such claimed dispute, failing in which, Subcontractor shall provide 15 days prior written notice to Owner of the property and Contractor that satisfactory resolution of the claimed dispute has not occurred and that Subcontractor intends to file a lien against Owner's property in accordance with the terms and conditions of this Subcontract or otherwise. Failure to provide the notices required herein shall constitute a waiver of Subcontractor's rights to file any lien against the Owner's property. The provisions of this section are not intended to grant to Subcontractor any additional line rights other than those provided by statute. All such notices required by this Section 13 (d) shall be sent by certified mail, return receipt requested....Read More
Dear Sir or Madam,
During year 2018, I performed 18 ½ weeks’ of programming and engineering for a company in Jackson, MS. The company for which I performed the work, has paid me for only 12 ½ weeks. In addition to work hours, there were out-of-pocket expenses also incurred during this time. The total indebtedness of the company to me totals $27,650.45. I have contacted them numerous times and sent a demand letter, all to no avail. The company has since filed for bankruptcy but still continues to do limited business from what I hear. I also know that the current investors in the company, two brothers in the investments business out of Houston, Texas, have been in negotiations to sell the company in Jackson. Since they have already filed bankruptcy, I see no advantage in filing a lawsuit, but filing a lien against real property may have better results. Please let me know if this is something worth pursuing, or whether too much time has elapsed.