I did for some work for a contractor out of Castle Rock,Co., but the job location was in Watford City, ND. He sent me home for the holidays and was supposed to have called me back when job was ready to start back, but never did. I found out that he bought in another crew to finish my work. My contracted work amount was just over $100,000 and he only paid me about 15k of that amount. Is there a way to sue to for breach of contract and collect lost wages / profit, which would have been @ $50,000.00 ?...Read More
No further detail. Simply want to know whether North Dakota Statute allows employees to file/register liens against the land of the owner that employed the (sub)contractor, for unpaid wages....Read More
Chapter 35-27-02 of the Century Code deals with persons entitled to construction liens and states "any Person (including natural persons) under CONTRACT with any contractor has a lien....". "Contract" under the definitions section means "any agreement for improving real property". Does "agreement" include a contract of employment, entitling employees to file liens?...Read More
We are a GC, with a project in North Dakota. We completed all contract/change order work in June and have some punchlist work to complete in September once we are able to receive the materials needed to do the work. I can't find anywhere if punchlist work can be basis of determining last date provided to the project. In the meantime, we are using the June contract/CO completion date to track our upcoming September notice and lien deadline. Is this correct?...Read More
I own a UPS Store that was to be modernized. The construction time was supposed to be five weeks long. Because of delays from the manufacturer of cabinets and various components needed to complete the project, the construction is still not complete (one month PAST the original completion date). The contractor has requested a payment of approximately $100,000.00 (approximately 2/3's the total price) for work completed to date. Since the construction is not complete (no completion date in sight) I am reluctant to pay that much money to him. I've offered to pay $30,000.00 at this time but he says he's going to file a lien and "foreclosure" actions. It's my understanding under North Dakota law that any payments towards the construction costs precludes the General Contractor from placing a lien on the work. Is that correct?