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New York Questions
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New York
I am not a contractor but I supplied a piece of equipment (carlin burner) to a building and now they don't want to pay for it. I was considering placing a lean on the property.
New YorkI'm an owner on a project. We have a contract with 5% retainage with our GC. The GC in turn has 10% retainage with their subs.
The sub submits to the GC for $100 for completed and stored work, and $90 for the current payment due. GC pays the $90, then sub has to invoice for $10 at end of the project
Should the GC submit to us (as the owner) completed and stored work of $100 or $90? We then subtract our retainage from that amount for the current payment due.
New YorkI am involved in a dispute with my general contractor. The work was performed on my coop apartment in Manhattan. The original signed contract stated "if there are any change order forms will need to be paid in advance." I was assured that a few last minute items would remain under $10,000 and I asked repeatedly for a change order but the contractor did not provide and executed the changes. Upon completion I received a change order for roughly $40,000 and thee detailed scope included many items that I believe were covered in the original scope. We could not reach agreement and today I was notified that there is a mechanics lien. Am I responsible for the change order? How can I best dispute this?
New YorkI am a subcontractor working on a large commercial project in NYC. I finished my work on the job last month but haven't gotten paid. After sending a letter from levelset regarding payment, the client sent me a NOTICE OF DEFAULT AND DEMAND FOR PAYMENT stating that our CHANGE ORDERS BILLED WITHOUT ENTITLEMENT even though it was discussed signed and approved by all parties at the time. Would like to have some understanding of how to proceed with this.
Thank you
Serge
New YorkThe residential building received multiple violations on the property pertaining to us and did not advise us until recently and allowed the violations to accumulate to 40,000 and they are keeping our check they received from our insurance company. How can we go about this?
New YorkThere are 2 jobs in question, one in the state of NY and the other in NJ. We are a manufacturing company that fabricates custom displays and kiosks and ships them to our customers, the general contractors on the jobs. Our question is what date do we use as the first labor/material furnishing date. In our attempt to research and from the following link provided to us by a Levelset Rep below, it appears this highly depends on state rules and if we provide fabrication work prior to shipment in which we do. So in our case, I wanted to clarify if we should use the date we shipped material or if we should use the date when we first started fabrication work/provided labor or possibly job acceptance date?
New YorkHi, I have money owed on a project for which I missed the filing deadline a year ago. Now a different contractor is purchasing from us for the same job. Can I now place a lien for the old debt as I am now "on the job" again?
If yes, does it matter whether they pay COD ?
Thanks in advance
New YorkI entered into a Project Management Agreement for the completion of a modular home in Suffolk County NY. The agreement was strictly for management services. The agreement was signed in November 2018 and structured in to 3 payments: 1) at the signing of the agreement, 2) when the modular home arrived and 3) when the final CO was issued. The first 2 payments were made. The final payment of $5,000 was due when I obtained for the owner the final CO, which was issued on November 10, 2021. Since then I have not heard from the Owner. Invoices had been sent and ignored. Phone calls and texts also ignored. I'm debating whether a mechanics lien would be appropriate or if I should proceed in small claims court. I understand the maximum in small claims court is $3,000. The modular manufacturer owes the owner monies that are payable to my company. Instead of forwarding those monies, if I held onto them, the balance owed would be just over the $3,000. Is a mechanics lien appropriate in my situation? Stacey
New YorkWe are general contractor and worked to renovate one condo unit in a condo building in Manhattan NY. The unit owner hired us directly but is not paying final payment. We finished the job (last day on site was Jan 18). Can we file a mechanics lien against the whole building and condo owner corp and the unit owner also? Will this require two separate liens?
New YorkMid project, a water leak occurred due to freezing conditions in an open envelope. The house was not secured, and heating was impossible because windows, which are responsibly of owner, had not arrived in time. The owner blamed us, the contractor, and filed an insurance claim against us. Although the project is still not complete, the owner refuses to take our calls, respond to texts or email. We are owed a big sum of money and we cannot pay our subcontractors.
New YorkI'm the owner. Seems I may need to dismiss the GC and he is behind on progress payments to the plumber sub, but I have overpaid GC considering the overall project progress GC has made. GC has split with sub and has dismissed him. I understand that I may not be legally responsible to sub as a result of my overpayment to GC. However, will it cost me attorney's fees to get any wrongly placed mechanic's liens removed? And, how do I substantiate that I have overpaid? I have proof of payment, but no partial lien waivers from anyone. Should I ask my architect or engineer for a written assessment before I take over and complete the job?
New YorkWe have a client who requested our attorney to file a Mechanic's Lien. We live in Erie County, New York State. If our is an unlicensed GC, may he file a Mechanics Lien?
New YorkHi,
I was hired by a contractor and did work in a building.
The owner and contractor aren't getting along anymore and the owner doesn't want to pay.
Can I get a letter from the contractor that the owner can pay me direct and will be freed from that liability?
New YorkMy ex boyfriend put a mechanics lien on my home back in September of 2021. I was in the process of selling my house and had already accepted an offer. I posted a bond to remove the lien and to close on my house. Now what do I do? I am in New York. I have reached out to the county clerks office and they told me it has to go through my ex’s lawyer. I sent a letter demanding for the following: Demand for Itemized Statement, Demand for Contractors License, Demand for Terms of Contract, Demand for Service of Copy of Notice of Lien. I received no response back. What are my next steps? The lien is exaggerated, he does not have a home improvement contractors license, he does not have any receipts, and there is no written contract. Furthermore, I never received a copy of notice of lien therefore failure to file proof of such a service with the county clerk within thirty-five days after the notice of lien is filed shall terminate the notice as a lien.
I appreciate any and all advice! Thank you in advance.
New YorkA contractor threatened to file a lien on my property but breached the contract. I later alerted my county clerk to this possibility and have since discovered the lien was filed in October along with an Affidavit of Service claiming service my certified mail. However, I was never served. Can I now get the lien removed since I am told an certified slip wat not provided with the Affidavit?
New York