A contractor told me he was license and insured and he was also a retired captain in the state police of New Jersey he in fact is none of these I paid him $24,000 and have nothing but a mess to show for it what can I do? I have sufficient proof of all the above...Read More
My company recently did some metal work for a new hotel that was being constructed. I placed a mechanics lien on the hotel back in May/June of this year to ensure that my company would be paid for our work, given that the owners were acting very erratic with the money.
I found out today that the hotel recently opened for business last Thursday (9/10). Should my lien have been satisfied first prior to the hotel opening for business?
Rickin ...Read More
We are a California-based interior design firm with a NJ-based hospitality client. We provided design & purchasing services for the client as part of their remodel/reopening. They are now refusing to pay some of our invoices. Can we file a mechanics lien?...Read More
I'm validating a computer system for a small pharmaceutical company. They are unhappy with my last invoice for January and are currently refusing to pay it. I'm still working on the project, and at the end of this month I propose to submit January and February invoices together, and I'd like to cut off access to the document management system where the work is stored, until the bills are paid. Can I do this?...Read More
Hello.. I work for a trucking company that does work on job sites for a construction company that does all prevailing wage jobs. But my company is not paying me that. He is paying me my regular hourly rate While there are other trucks from other company’s on the same job and they are getting the rate. Please help...Read More
I performed work on a commercial property in New Jersey, but did not get payment. I tried to work with the property owner but was forced to lien the project the day before my rights expired. The property owner now says they will mail my check but I must release my lien first. If I do release the lien, and I don't receive the check, can I lien the project again? Or are my rights gone?...Read More
Subcontractor for a GC who come to find has no license and isn't registered (no address) to perform HVACR work on a job in Rumson, NJ. My company is fully licensed and insured. I am not being paid for the job completed 12/4/18. I was paid $10k, but am owed $7,800. Mechanics Lien is directed at the homeowner, regardless of GC. Should I send any forms as a forewarning before filing the mechanics lien?...Read More
Good afternoon We have this wording in an upcoming contract is this allowable, and can we cross if off and replace with better more favorable terms for us, the subcontractor? 5.1.5 REMOVAL OF LIEN/SUBCONTRACTOR PAYMENT FAILURE. If any subcontractor, laborer or materialman of the Subcontractor or any person or entity directly or indirectly acting for or through it files a mechanics' lien, stop notice or other claim against the Project, the property, or any part thereof, or any improvements thereon or against monies due or to become due from the Owner to the Contractor or from the Contractor to the Subcontractor, for or on account of any work, labor, services, materials, equipment or other items furnished in connection with the work or any change order in connection with the Project, the Subcontractor agrees to satisfy, remove, or discharge such liens or claims at its own expense by bond, payment or otherwise within five (5) days of the date of filing thereof. If the Subcontractor shall fail to do so, the Contractor shall have the right, in addition to all other rights and remedies provided by the Contract Documents or law, to satisfy, remove, or discharge such liens or claims by whatever means the Contractor chooses at the entire expense of the Subcontractor, including legal fees. The Contractor shall have the right to retain out of any payments due or to become due to the Subcontractor a reasonable amount to protect the Contractor from any and all loss, damage or expense including attorney's fees arising out of or relating to any such claim or lien until the claim or lien has been satisfied by the Subcontractor. In the event the Contractor has reason to believe (other than through a lien filing) that labor, material or other obligations incurred in the performance of the Subcontractor's Work are not being paid, the Contractor shall give written notice to the Subcontractor and may take any steps deemed necessary to insure that any progress payment shall be utilized to pay such obligations. If upon receipt of said notice, the Subcontractor does not: (a) supply evidence to the satisfaction of the Contractor that the monies owing to the claimant have been paid; or (b) post a bond indemnifying the Owner, the Contractor, the Contractor's surety, if any, and the premises from such claim or lien; then the Contractor shall have the right to retain out of any payments due or to become due to the Subcontractor a reasonable amount to protect the Contractor from any and all loss, damage or expense including attorney's fees arising out of or relating to any such claim or lien until the claim or lien has been satisfied by the Subcontractor. Upon execution of this Subcontract or as soon thereafter as possible Subcontractor shall furnish to Contractor a list of the names and addresses of all persons or entities with whom Subcontractor has or will enter into a contract for the performance of any part of the Subcontractor's work. Subcontractor understands that Contractor may rely upon this list in ascertaining who, if anyone, has lien rights against the Project or the funds due the Contractor from the Owner, and agrees to be liable for all damages, including attorney's fees, incurred by the Contractor as a result of any errors or omissions in the list....Read More
I am a subcontractor who did work at a home hired by a contractor. The home owner owes my Company money. She is stating she paid the Contractor and he is no longer in business. I have an outstanding balance. A NUB was filed on behalf of my Company. It went to arbitration and was denied. I now have received a Motion to Show Cause from the Home Owner's Attorney. I need to answer this today. Can someone please advise me how to proceed. ...Read More
i am an unpaid sub on a job. Freedom Mortgage is holding a final draw on the property. i could not get homeowner to agree to pay me so i filed. now that i filed, we have agreed to paying me out of the final draw from the bank.
The bank however wants me to record the NJ release of unpaid balance form BEFORE the money can be distributed to the GC/Homeowner. How can i record this BEFORE i get paid? i cannot lie and say i was paid in full. can i change the language to say: contingent upon receiving funds from final Freedom Bank Draw request?...Read More