We had to remove one of our subs because they could not keep the schedule. We gave them a deductive Change Order and a termination letter. (They have been paid a fair amount for the work they completed, so don’t expect our 1st sub to file a lien.) They have been unresponsive as we have tried to get them to sign the deductive CO and final lien waiver. The GC now has our payment on hold until we get them the waiver. ...Read More
I filed a mechanics lien with levelset within the time frame but I understand that the foreclosure deadline has passed. I still have not received payment so I am wondering what my next steps are? The owner of the property where the work was completed keeps saying he is going to pay but this has been going on since 10/2021....Read More
I have a customer who is past due . We still show we have product to provide for the project however, since the customer is past due on payment on this project , we are not giving any more product, until he pays. I guess during this time the customer could go somewhere else and buy. Do I leave the last product provided open or do I go ahead and list the date as of right now that has been the last date provided, even though there is more product, he just cannot get it right now. My lien date is coming up asap if i have to put the last date as of right now. This is a project in SC so any help would be greatly appreciated. thanks...Read More
I hired a GC to renovate my house. I believe he’s misappropriated close to $80,000 (overpaid himself, outrageous change order fees despite the fee amount not being disclosed in the contract). As a commercial contractor myself, I have reviewed the invoices that he reluctantly gave me, and noticed far too many discrepancies.
The construction contract includes an arbitration clause, however, should I still hire an attorney? ...Read More
I hired a company to do concrete work, They did not finish the job and said they would refund my money but have not paid me my money. It's been over a month. I have all the text messages and emails, also a voicemail from them....Read More
Placed a well on a property. didn't get paid. Does the lien have to be placed on that particular property or can it be placed on property the absentee owner actually lives in. The well is on property that is unoccupied but supplies water to other parcels....Read More
I’ve been trying to get a payment from my client for weeks now. I’m a small business and single father of three and this has caused me so many problems including ruining our Christmas. The client lives downtown in a 120 year old historic home. Out of 179’ of internal gutter on the home there are two small spots holding water. The only way to relieve this water is to raise the gutter more than 2” above the roof. The house and roof have settled over the years causing it to do pin these two small areas. It’s out of my scope of work and I’ve tried everything to help settle this issue. The client is holding almost 20k when the job is complete but these two areas she thinks is enough to not pay me. What do I do about this now?...Read More
We are an electrical contractor working with a particular builder on a few houses. Up to this point they have not required us to sign lien waivers upon receiving payments on the projects, but we currently have some past due invoices with them and they are refusing to pay until we have turned in signed lien waivers for the most recent payments.
The issue I'm having is that these are open projects, with balances left on the contracts. The waivers they've provided do not make it clear that there is still any balance left on the project and states that all bills have been paid on the project and there are no outstanding bills.
The only amount specified on the waiver is the payment made at the time it was issued. If we sign this, doesn't that set us up to forgo our rights of lien if they don't make their future payments? They never sent a contract for the projects so our only 'contract' is our proposal for the job that they signed, which lists our billing terms.
This is a customer we've been having issues with recently and they have been consistently paying late.
After our current projects are finished, our relationship with this builder is ending and both parties know it, so I don't want to set us up for signing away what little leverage we have since they have nothing to lose by not paying us now.
I want to ensure that I do not set us up to be unpaid for our work, without legal recourse. They have shown very shady business practices and seem to be up to something with their other subcontractors as well. We have been diligent in getting change orders approved in writing and have emails with them acknowledging to an extent that they owe us payment for the open invoices, but won't pay until their waivers are signed. Is this enough or would it all go out the window if we were to negligently sign a waiver saying there is no open billing left on the project?
Thank you so much in advance for your help. We are a small company and this customer owes us tens of thousands of dollars in total, so a misstep could greatly hurt us.
I am a contractor in South Carolina, I have paid to process a lien but my account now states that my payment is at risk for missing the filing deadline...Levelset is scheduled to process the lien early next week missing the 90 day deadline...what does this mean, will I still be able to have the lien filed and accepted by the court system. If not, what are my options at this point to collect payment....Read More
Hello. It’s unclear how the notice of commencement affects the ability to file a lien. I’m a contractor and the property owner (commercial business) didn’t pay for services rendered ($100,000). I Walt to make sure that i can file a lien, without restriction, for the amount owed. Even though I didn’t file a notice of commencement. Please help. Thank you....Read More
Im a subcontractor a large commercial project that has not been paid. The client is requesting contracts and billing from my subs in order to issue checks to subs with no intention to pay me. Can you help me secure payment?...Read More
We own a property in South Carolina that was a former big box (170KSF) retailer. We redeveloped the building for a large, single-floor office use. A portion of the exterior wall was rebuilt since it occurred where a former auto-repair use had been located. The architectural drawings do not include any waterproofing (sealing of densglass or EIFS to slab or flashing) for the walls built in this area. During a heavy rain, water is entering the building in these areas.
When the GC was challenged as to the cause of the issue, they identified it as I have described above and also said those waterproofing methods would be "typical of these systems." We don't have real experience with latent defects (fortunately) but I'm not quite sure how to triage this one.
Is it the architect's responsibility for an insufficient design? Or the GC's since they seemed to know it was atypical and perhaps should have questioned it? Or both?
Then, depending on this, where does the responsibility for the repair cost fall? If the architect had designed it correctly, we would have paid for the additional (albeit minimal) cost to construct but now the cost to repair will be much more.
Before I start the conversation with my partners on the issue, I would like to be armed with information on how to proceed. Your assistance with this will be very appreciated....Read More
We recently hired a landscaper to complete the landscaping around our property , We noticed early on the landscaper was not following the landscape drawings per the signed contract Contractor changed plants and sod ,about a third of the way thru the project the contractor quit and has filed a mechanics lien for almost $25,000 over the original signed contract , it should be noted there where NO signed change orders and the job was never completed ,What are our options here ?...Read More