If the General Contractor has a sub contractor perform work and the GC has issued payment to the Sub Contractor, can Sub Contractor laborers file for a Mechanics Lien in Oklahoma if the SUB CONTRACTOR has not yet paid the laborers?...Read More
I'm having a dead tree removed by a tree service that will use several workmen to do the removal. I want to use a lien waiver form to have each of the workmen sign to protect my property in case the owner of the tree service does not pay his workmen. The owner will probably not pay them until he gets my check but I don't want to give him a check until the forms are signed and in my hand. Which form should I use and should I also have the owner sign one as well ? Also do I need to do anything with them once I have them signed ? My property is located in Tulsa County in the state of Oklahoma. My e-mail address in normandsueberg@cox.net ad phone number is 918-863-4542...Read More
I had a plumber come out to give me a quote on replacing a sewer pipe I knew was broken. After looking the tech called me and gave me a verbal quote. I asked him to send me a formal written quote. 3 days later the company sent another tech who did a camera scope and told me the pipe was broken (duh) and I now owed $400 for the scope. I said I never asked for it nor authorized it. He said tenant signed authorization. I asked my tenant and he said the guy tried to call me but was unsuccessful and so he told tenant I had authorized it.
I have refused to pay it and now got letter from them giving me 10 days or they will file a lien. What can I do to quash this?...Read More
Ok so my partners and I were planning to change our llc agreement to include a clause that would go along the lines of “we only get paid for the jobs we lead”, so rather than splitting jobs 3 ways we were going to lead our own jobs and get paid for exactly what we did and bear responsibility for paying laborers.
This all changed due to the last job we did “together”, I put quotes because they were doing the gutters and I did everything else (siding, fascia/trim metal, soffit), and we were all going to get paid for exactly what we did.
My partners messed up and put the wrong color gutter on the house, the contractor (who was aware of our ongoing company split up) refused to pay us/them for the gutters.. so when I got paid for what I did, I deposited the check and paid myself and my hand. then they (possibly conspired to) tried to take all of it, even though it wasn’t even truly in the account through an online transfer to a bank account I believe they created for the purpose of doing this. because the bank told me it had to be an account through them as their online banking only makes transfers between BancFirst accounts. They have/had no intention to pay it back and when I’ve asked for them to I’ve only been met with threats of violence and asinine accusations of stealing from them.
They’ve also manipulated a former customer into adding all of our names to the check so that one of them can strong arm me into giving him a cut when I have it in writing that he was giving me his third due to extra labor and expenses I had to incur due to his absence on that particular job. I had to incur these extra expenses and labor because he was chasing other jobs that I wasn’t going to get paid for because around the time that he agreed to give me his third we agreed to split money differently I.E. “the jobs we lead”...Read More
I hired a contractor to do remodel of my laundry and bath in my house. We had no contract, but he gave me a bid of work that I agreed to, but didn't sign. We had a verbal and written agreement that if he was not going to come to work daily and give full day's effort, that we would settle up and part ways at that point. 1 and a half months into a 2 week project, the contractor failed to show up for 2 days and we decided to fire him. I paid for all the materials during the job and gave him 3 different money draws to help him rent equipment and pay his subs. He is threatening to file a lien on my house, but we didn't have a contract and he broke his agreement of working every day. The contractor also did not give us a Preliminary Notice before starting the job. So, can he file a lien on my home?...Read More
At contract signing we take a deposit, does that start the pre lien process? Should we file at that time or wait until we have first delivery scheduled?...Read More
I had a $19,000 contract with a contractor to dig a pond in OK. I paid him $13,000 upfront. He did not complete the job. He did not pay the rental co. for the equipment he rented.
The rental co. never informed me that the contractor was in arrears in payment. I never knew that the contractor was renting the equipment.
My contract with the contractor was for $19,000. The lien on my property by the rental co. is for $50,000+.
The contractor, after the fact, told me he thought his rental contract was for hours used on the equipment. He let the equipment sit idle for months and was charged a weekly rate.
The contractor has filed for ch. 7 bankruptcy. He has no assets that can be distributed....Read More
What can I do if we are working a contract that has a 45 day time limit if suppliers are backed up with the specific windows I need? We have communicated with the client that even after checking with a bunch of different suppliers...they are all out of stock on those windows for multiple weeks due to the pandemic. My client is wanting to penalize us if we cannot meet the deadline....Read More
Hello, I'm a subcontractor that previously worked on a commercial project in Clarksville, Tennessee. We started in late June of 2020 and completed work December 22nd 2020. All invoices are paid except for the most recent of an outstanding amount of $13,000 out of $50,699. The customer is now not returning any calls or emails. Do we still reserve the rights to file a lien? ...Read More
I have a customer that is not willing to pay his balance. I filed a mechanic lien on the property. He owes $900. My question is can I also sue for the cost of filing the lien and the time spent on trying to collect this debt? It will be a year next month. I have until then to file a small claims case against him if I understand the law correctly. Is their anything else that I can or should sue for? ...Read More
I CONTRACTED A JOB AND FILED THE LIEN A FEW WEEKS AGO AND THE GUY DID NOT PAY ME ON THE CONTRACT TERMS AND ALSO PERFORMED WORK ON THE PROPERTY AND THEY REFUSED TO PAY ME. WHEN I WENT TO GET MY TOOLS THEY DAMAGED ALL OF THEM BRAND NEW TABLE SAW, MITER SAW, AIR COMPRESSOR, 4 DAYS OLD GENERATOR THEY TORE THE GAS CAP OFF OF TOOLS HAD DIRT ALL OVER THEM EVERYTHING BENT IN SOME WAY SO IT BASICALLY SHUT DOWN MY WAY OF LIVING. I HAVE ALL THE TEXT MESSAGES AND PICTURES TO PROOF THE CONTRACT THAT WAS SIGNED AND EVERYTHING. HOW MUCH DOES IT COST TO ENFORCE A MECHANICS LIEN...Read More
Are "pay when paid" and "pay if paid" clauses enforceable in subcontract agreements with general contractors in Oklahoma. I have read that 'pay when paid " clauses are enforceable in most states while " pay' if paid" clause is contrary to public policy and not enforceable in most states. What is Oklahoma's legal status on these two issues. Thanks
Bob Richardson...Read More