I paid a contractor in full for his work although it wasn’t finished and he had some rework he agreed to do in writing. Four days later he sent a letter claiming he was owed more money on work he agreed to do on the original contract. And for supplies. We had already paid $10k which was his full original price and almost the same in materials. And he asked for $8100 more claiming it was for rework which again we never discussed... There was no change order or discussion about his added monies. We refused to pay his outlandish bill. We found out a year and a half later during refi he had put a claim of lien on our property. We were never given notice on the filing Nor was there any legal action taken to enforce the lien. What are our options to get that removed without paying him money for work he never did? We are now 7 days away from closing and will lose our rate lock and potentialLy a mortgage savings of $730 per month if he does not release the lien. We are currently seeking atty support but are there forms we are selves can file to remove them the lien?
My company is in New Mexico. I am being asked to sign and have notarized a lien waiver for a job we are doing in Texas.
Can I use a Notary in New Mexico to notarized the Texas lien waiver? ...Read More
We are a real estate developer/architect/owner of a spec project and a sub-contractor (cabinet/countertops) did not complete job by deadline and has been paid in full on American Express. We had a written agreement if they did not complete by a specific deadline they would incur a $10,xxx penalty plus $1,000 per day until complete. Still have not finished. 47 days past deadline, fired them and opened dispute for the $58,000 in penalties with American Express. Now they are threatening a lien on the property. They say they want to complete the job, so I want to have them sign a lien waiver and agree on new deadline of end-of-next-week and if they fail to complete the job by then, the original penalties in full are owed to us and they will not file a lien. Since they've been paid in full, I pulled the Unconditional Lien Waiver from your site. Is that the proper form and should I have them execute any other documentation? Do I have recourse with the board of contractors for shoddy and incomplete work? Are there ramifications for them filing a lien without just cause?...Read More
Recently finished project owner owes final payment. Refusing to pay unless I sign lien waver. Owner also had minor water damage during project, cost me about 10k to fix. Owner now trying to claim 30k more of renovation work to be done with insurance after being paid 9k determined by adjuster. Insurance is unaware of work I did to repair damage. What do i do?...Read More