i finished a job at school ran by a church . The church hired me to do water mitigation on Jan 1, 2021. I completed the work on Jan 9, 2021. I m having trouble getting my invoice paid. Need to know whether I have 60 days or 75 days to file a mechanic lien. ...Read More
Hello, I'm a subcontractor doing underground optic fiber. My company finished a work in Medina, Ohio, in November 2022. We were subcontracted by another subcontractor (not prime contactor) that was hired by Medina Fiber and that owes us around $15k . The contract is most likely from the city of Medina since this is work done in the streets, not a private residency. My question is, in this case, can we put a lien on the fiber? How do we go about this? What documents or information is needed? Thank you...Read More
This is going to be an Accord and Satisfaction question but let me give some background. I am a small residential concrete finishing business in Ohio. The customer requested a quote to put a concrete skirting/patio around their new in-ground pool after the customer had backfilled the existing excavated trench around the pool with gravel. The quote for the patio was $5,600. The customer then verbally asked for a price for the gravel backfill which we verbally agreed to a combined price of $6,500 for the concrete work and for 20 tons of gravel backfill with additional reasonable cost if it needed more than 20 tons. It required 28 tons of gravel so the final invoice was $7,300. It does not appear that there is a big issue with the final gross amount of $7,300. The customer was very hands-on with comments and demands throughout the project work. The critical item was that he filled the pool with water before we arrived and wanted us to put plastic (i.e. visqueen) over the entire pool and down between the future concrete edge and the side of the pool in order to prevent splatter from getting in the pool water. I told him that the plastic would prevent a good concrete finished edge up against the pool side and that he would need to cut the plastic away after the concrete dried which may leave some plastic showing. He said "do the best that you can" but insisted on his process. I told him that the normal practice is to do the work without water in the pool and have a solid edge between the poolside and the concrete in order to get a good finished edge. His dispute is with the quality of the finished edge but I am not asking for advice on resolving that issue. My question is with Accord and Satisfaction. My final invoice (invoice #1722 dated 10/4/22 for work that was completed on 9/23/22) for $7,300 is itemized as $5,600 for the concrete work and $1,700 for the backfill but it is all on one invoice (i.e. not separate invoices for the backfill and concrete work). I have had several discussions with the customer regarding the quality dispute and he refuses to let me on the property to assess and remediate. There is no dispute on the quality of the gravel backfill portion of the job. I finally offered a $500 goodwill credit to resolve the issue if he pays $6,800 which is did not accept. He verbally offered $5,900 as payment in full which I declined. He then sent me a letter in the general format of an invoice and labelled it "corrected invoice #1722". His corrected invoice is organized in two parts ($2,108 for the gravel and backfill and a $5,000 gross amount for the concrete). I have no idea how he came up with $5,000 as the gross amount for the concrete work when my invoice (and initial written estimate) shows $5,600. I also do not know how he comes up with $2,108 for the backfill when my invoice shows $1,700. In short, his gross amount of $5,000 + $2,108 = $7,108 as compared to my invoice of $7,300. I would have been fine with this difference but he then deducts $839.15 from the $5,000 to arrive at an amount of $4,160.85 for the concrete work. He issued two checks (one for $2,108 for the backfill and one for $4,160.85 for the concrete). The check memos say "concrete" on the $4,160.85 check and "backfill" on the $2,108 check. The checks do not say "paid in full" but his letter/corrected invoice, as well our discussion, leads me to reasonably assume that he intends the payments to be considered "payment in full". My understanding of Ohio Revised Code 1303.40 is that if I cash the checks, it will be considered payment in full under Accord and Satisfaction doctrine. My questions are 1) I assume that I should not cash the concrete check as it will likely be interpreted as payment in full. 2) Can I cash the backfill check which exceeds the backfill portion of the invoice and preserve my rights to collect the full amount on the concrete work? 3) If so, should I refund the overpayment of $408 on the backfill or just treat it as a deposit or partial payment on his account? 4) If I treat the $408 as a deposit, should notify him and, in that notification, should I state that I reject his concrete adjustments and request that he acknowledge that I am cashing the $4,160.85 check as partial payment of the concrete portion of the invoice. 5) If I proceed as stated in #3, and the customer accepts, can I cash the $4,160.85 check. 6) Do you have any other advice. Hopefully this has been entertaining to read and potentially be an example for your future blogs or customers. Please send response to firstname.lastname@example.org...Read More
Our customer works at a university and orders material for maintenance projects all the time. We provide supplies for each PO# and for different locations. We bill our customer and then they bill the university. Would a NOF work in this situation? If not, what would to protect our interest?...Read More
Can we still file a mechanics lien on this job? Are we legally able to send a notice of intent to lien at this time? This customer is non responsive and we need to take further action at this time. Please provide advice...Read More
I am a General contractor and have a few jobs I did for a client and they are haggeling over payment. I wanted to know if these states there would be any issues with filing liens in. All work was completed in September - December of 2022 but I do know that some states require pre lien filings and other requirements that could not allow you to place a lien. The states are:
OH, RI, MA, NH, NY.
Can you please let me know if I am ok to file liens at this time on these locations in the above states or if there are any states that legally I can't file the lien in?
Thank you....Read More
From: Alex Kohler
Sent: Thursday, May 5, 2022 3:15 PM
To: Tina Rhodus
Subject: Re: FW: 6732 Maverick Drive / Lot 21 West Ridge - 22-00421
Thanks for reaching out and I hope all is going well! When it comes to a Notice of Commencement in Ohio, there is no specific notice or process to release the document with the county records. There is a possibility that a sworn affidavit with recording information and a statement of work completed could suffice, but it's hard to tell without proper statutory guidance.
Since this is a bit of a unique situation, I would suggest posting in our Legal Expert Center, where you can post your scenario and get some feedback from our attorney network on potential next steps.
Please let me know if you have any questions and I'll be happy to assist!
Have a great day and stay safe!
On Wed, May 4, 2022 at 11:40 AM Tina Rhodus wrote:
Sorry to bug you, we have never had someone ask us to do this? Can you please let me know if this is something we do?
From: Brad French
Sent: Wednesday, May 4, 2022 12:30 PM
To: Tina Rhodus
Subject: FW: 6732 Maverick Drive / Lot 21 West Ridge - 22-00421
Can you please look into this and Levelset?
From: Jackie Adamson
Sent: Wednesday, May 4, 2022 10:50 AM
To: Brian Green ; Brad French
Cc: Krista Schulz
Subject: RE: 6732 Maverick Drive / Lot 21 West Ridge - 22-00421
Hello Brad –
Just following up on the below email. Please advise.
From: Jackie Adamson
Sent: Monday, April 25, 2022 10:31 AM
To: Brian Green ; Bfrench@diggit-inc.com
Cc: Krista Schulz
Subject: RE: 6732 Maverick Drive / Lot 21 West Ridge - 22-00421
I am working with West Ridge JV in a transaction to see off Lot 21. It appears you have a Notice of Commencement recorded for this lot. Will you please file a Termination of the NOC with the legal description for this lot so we may proceed to closing?
Please let me know if you have any questions. I am happy to help. 😊
Thank you so much,
Senior Closing Coordinator
First Title Agency, Inc.
9100 Centre Pointe Drive, Suite 100
West Chester, OH 45069
513.612.7160 direct line
800.334.4019 toll free
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Thank you for taking my first question. I would like to know how a homeowner goes about firing the contractor to insure he has nothing that could come back to the homeowner. Does the homeowner need a lawyer to fire the contractor when a signed contract is involved? What if the contractor attempted to write a new contract with 48 hours to sign? The contract was to replace the original contract with part of the original contract removed. ...Read More
We are a construction company that pours residential concrete driveways. Can the concrete supplier put a lien on our customers homes if we have not paid for the concrete bills. We have paid our balance partially but not in full yet and are being threatened that they will put mechanics liens on all of our customers homes with outstanding balances....Read More
I was hired on a public project to replace the metal roof under a contract from my company to the township of summit county ohio board members. It was a parts and service building next to a police station that we agreed on a certain amount. I also put about 2000 extra dollars into the project. Long story short they swindled me and ended up not paying anything on 7700 dollar invoice. this was completed in June of 2020 and shortly after during my attempts to get paid I came down with covid and it kind of mixed everything I had going up. Im not sure if I even have the right to still pursue and I was hoping I could get some insight on those rights
I needed a garage built. I paid the contractor 20k to build it. This was over 2 months ago. He does not answer my calls or texts. When I did get on hold of him he always has an excuse for every time when we to meet or when I ask for my money back. He took my concrete pad out and that is it....Read More
We are homeowners who hired a general contractor for house renovations. We both (homeowner and contractor) signed the contract so a construction loan could be secured. The contractor has failed in so many ways there are too many to mention. According to the contractor, he is owed $25,000 but not the homeowner but the bank will not relinquish the funds, because, in the bank's opinion, the contractor had not completed the work he is requesting to be paid for. The contractor tried to write a new contract after not being paid for the purpose of asking for $20,000 to complete the job with one exception, he took it upon himself to use this new contract and eliminate a large job that was in the original contract. If we signed the new contract he would send a few workers to finish what in his opinion would complete the work and give us 48 hours to sign the new contract. We respectfully denied the new contract, and this was done without the knowledge of the bank that holds the construction loan. Within the contract, we had specifically asked for a particular manufactures siding, and the contractor had the audacity to bring and install a different manufactures siding. The siding the homeowner requested was even in the contract that both parties signed. The contractor even lied about being a certified installer of the product he installed, and the reason I say that is because the manufacturer of the siding that was installed will not warranty their product due to all the installation problems. We found out later the manufacturer had no certified installers in Ohio. Eventually, when pressured the contractor admitted he was not a certified installer. So what are a homeowner's rights in a situation like ours? ...Read More