NYC Dept. of Env. Protection retains NY Power Authority through a term contract to construct a $30M project
NYPA retains an engineering consultant to design and retain a contractor to build the project
Engineering Consultant bids the project and retains Contractor "A"
Contractor A subcontracts to a Fabricator for pipe supports
Fabricator buys fasteners from Screw Company for pipe supports
Fabricator goes bankrupt
July 2020 Screw Company uses "Construction Lien Collections" to file lien with NYC for ~$5,000...
Lien names the correct contract number but the wrong Contractor. It is also filed over a year since fasteners were supplied. It also notes that the lien is for supports but the screw company does not make supports.
NYC does not notify NYPA until April 2021 of the lien
NYPA informs engineering consultant of lien April 2021
Consultant informs Contractor A of lien April 2021
Contractor A has no knowledge of the lien and notes they are not the Contractor named in the lien so they do nothing
NYPA wants Engineering Consultant to help resolve the lien since NYCDEP will not pay NYPA $M owed on this and other projects
Who resolves this lien and is it a valid lien...Read More
Hi, if I file an extension of mechanic's lien on a commercial property for a second year (second extension - final extension) will this lien be forever attached to the lendlor's dead or title? ...Read More
Hello. I have a question in field of industrial construction contracts such as EPC, BOT etc... which contract suits for a client with low financial resources in industrial construction? why? ...Read More
hi am thinking about filing a lien on property which i surplied both material and labor and i stayed their at the time can i file a lien to recope my cost also bought verious things for this home can i do this
...Read More
I am widow And my I am struggling to open my husbands estate
And in the process his mother's estate is supposed to be getting settled
My husband passed away so that entitled me to His share of his mother's estate as well as his children
How ever his sister whom is executrix over his mothers estate is with hold his share which is now supposed to go to me as well as she has kicked me out of our homes and is saying I have no rites
With that being said I want to file a lien on our homes so she can't sell them from out from under me and I need an attorneys to take my case on contingentsy
The estate us 150 to 200 thousand any help would be great
Thanks
Kellie Goodermote
515-943-3124
PS estate is in hoosick falla NY
But I now reside in des Moines iowa...Read More
I am building a new house and my contract calls out a hot roof, two zone heat and the placement of the heating system in the basement. I am not getting a Hot Roof, only getting single zone heat and the heating system was placed into the attic. I tried to work it out with the contractor and he would rather refund our money and sell the house to another party as he believes he can get more for the house. We do not wish to walk away. What are our options?...Read More
I am a student of SLGTI. I am following diploma in construction technology. I want to finish my assignment before 25 th June 2021 before 8.30am....Read More
Signed a contract on April 29, 2021 to install a patio. The contractor came over on May 7th, took out my existing patio and left my backyard in shambles. To date, I have paid $14,350 . I was promise multiple times that he would be back to finish the job. They never showed up or called. I called numerous times but all I get is false promises. I also called the owner but he doesn't return any of my call and his mail box is full. I have twelve pallets of pavers in front of my house since May 5th. I am aggravated and don't know what to do. I want out of this contract so I can get someone to complete this job...Read More
We received payment on this account and found the check was dated in April. The customer withheld the money due to some punch list repairs that is the purpose for holding back retention. We have received payment, however, the payment is past due. What recourse do I have at this time? Do I demand the additional monies owed through prompt payment law? How do we hold this customer accountable to the late payment? Please advise. Thanks!...Read More
I performed work for a entertainment facility. I'm left unpaid a large sum of money for almost 3 months now. I want to file a mechanic's lien but my question is, this facility and where the work was performed happens to be located on 3 seperate parcels of property all owned by the same entity in which I performed the work for. So how do I file, 3 seperate liens all being the total amount owed? Then when one is paid I remove all three? Or do I split total owned 3 ways and put each share on onew parcel? Also am I able to include interest and any fees associated with non payment and filing on what's owed?...Read More
The entity listed as our company's name is incorrect. We filed our lien on Nov 2020 in NY and have until June 2021 to reinforce the lien. Since we are in legal action, the other party wants to void the lien altogether since the company listed is non-existent. Our lawyer wants confirmation to amend the lien if the following law applies to our situation:
An amendment can only be done within sixty (60) days of the filing of your mechanic’s lien. Second, the amendment must be done on twenty (20) days notice to existing lienors, mortgagees and the owner. Third, the amendment must be to reduce the amount of the lien. You cannot amend a mechanic’s lien to increase the amount of the lien.
In other certain limited instances, Lien Law Section 12-a (2) permits a court, on five days notice to existing lienors, mortgagees and the owner, to amend a mechanic’s lien nunc pro tunc. However, the amendment may not be granted if it would prejudice an existing lienor, mortgagee or purchaser in good faith. Some examples of amendments that have been permitted are amendments to the name of the contracting party (the party that hired the lienor) and the dates of furnishing (if the amendment would not have changed the validity of the lien had the correct dates been originally inserted). If the totality of the inaccuracies would render the lien such that there was not substantial compliance with the terms of the Lien Law then the lien cannot be saved by amendment and will be found defective and voidable....Read More
I liened a job awhile back, the GC just emailed a lien waiver, says he will release payment after I send it back, I almost feel like I should not, they were not responding to me before. What can I do to protect myself and assure payment, I usually get a copy of the check sent to me before notarizing waivers but they havent sent one....Read More