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South Carolina Questions
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South Carolina
What do we need to do to start litigation on a project before our lien expiration date in South Carolina.
South CarolinaI am a subcontractor who was terminated on a large construction job. I have pay apps that were approved long before notice of termination was received. I have asked general contractor if they are going to pay and they do not respond. I am owed around $200,000. I am currently working on another job for this same company and have $300,000 in retainage that I am afraid they will also hold.
South CarolinaWhat do we need to do to foreclose on a lien in South Carolina? This will be the first time we have dealt with this situation in SC.
South CarolinaWhat are the financial costs to obtain a construction bond and who pays for the bond? Meaning, what party pays for the bond?
South CarolinaWe are doing our first job in South Carolina and normally in Florida we do a Notice to Owner but South Carolina is Notice of Furnishings. I have a couple of questions.
1. If our contract is directly with the owner (who is also the contractor) do we need to file a Notice of Furnishing?
2. If we do, when I start it it says total amount claimed to be due, if any? What would we put there?
3. It is also asking for date labor or materials is last delivered, but we are still on the job so I am unsure about what we would put there.
South CarolinaI am a subcontractor working for Pink Energy solar company on a residential job. The company hired Restoration Pro to perform water and mold remediation at the home due to a defect in installation of solar panels. Restoration Pro arrived in December of 2021. Additional work was needed by another trade before our work could be completed. Once the other trade had been completed thier work, I had reached out to Pink Energy to confirm that Restortion Pro should resume. Last week I was told our services were no longer needed and to submit our invoice. The invoice had to be revised to reflect the work completed only, then needed to be check over by the project manager of that particular job. I was notofied by the homeowner today that the company filed for bankruptcy last week. Please advise. Thank you.
South CarolinaHi. I am with a general contracting company and we require for subs to turn in zero dollar supplier waivers if we have knowledge of them being on the job at all. Are these lien waivers the same as the typical South Carolina lien waivers that I would be using for a contract?
South CarolinaI built a library-style bookcase for a customer, actually two of them. The first time, built and delivered, she accepted. A few days later, she decides she wants to change the design. I sent her new price to build the new design, we agreed upon a March 17th completion date. I delivered the bookcases to her on 03/13/2022, with the plan to do the install the following week to meet the 3/17/2022 completion date.
I requested progress payment on 03/14 prior to final install...she cancelled and said she did not agree to the new contract. Then would not let me get my tools, which required a civil standby. Even then, she kept materials and tools that were mine. I gave her many alternatives to cancelling the project, including me finishing it completely, then her making payments for the balance. All of which she refused...claiming "abuse of an elder", break of contract", and misrepresentation. I was obviously blindsided by all this! On 03/23, she sent me an email with a lawyer cc'd...telling me to make an offer...and that she was going to file at the end of the week, asking for $3000.
She actually filed her complaint on 03/22, and I of course was trying to come up with ways to resolve whatever the issue was. She refused to meet me, she refused every attempt I made.
Fast-forward to 08/02/2022, the trial. Well, it was terrible. I did not know people actually lied under oath! I was prepared to defend myself with the facts...but the lies, I was not prepared for. I lost...AND was ordered to pay her $2000!
I filed a request for a new trial last week, based on "the discovery of new evidence that even with due diligence would not have been discoverable prior to trail"...the new evidence I discovered...the Customer's lies!
A few issued with this:
1. She did not serve the registered agent I have listed for my business. But now that the trial has occurred, is there anything I can do to have it dismissed for lack of proper service?
2. She made false statements during the trial that I have evidence backing up that she is lying. Could this help me?
3. This is a frivilous civil suit, which is a crime in SC. She commited perjery, said that I was, "a liar and a cheat" during the trial. Accused me of all kinds of things with her lawyer copied.
4. The judges order made no mention of my counterclaim, which was for $7500 - this customer owed me $3500 when she decided to cancel, kept my tools, kept materials that are not part of the project, refused all attempts to settle this out of court, and gets to keep an 11ft wide x 9ft tall hardwood, custom-made, gloss white, built-in library-style bookcase.
I was not prepared for trial, and the trial is over....there has to be something I can do to recover what is belongs to me. What should I do?
What I want to do is:
South CarolinaMy company completed work for a federal contract we were subbed to. The prime went silent after we sent in our request for payment late last year. I need to first find out if the prime has a surety bond for the project (which is required under the Miller Act), and then make a claim against that.
So far, I have run searches through USFCR using a few different pertinent NAICS codes, but none of the returned contracts was the one we were subbed to.
South CarolinaBlue World Pools, Inc. installed our pool on 16 May 2022 with several issues. The company did not correct any of the issues filed both electronically in writing and expressed over the phone on a recorded line; according to the company they recorded every phone call I made. Since the company refused to correct their mistakes we filed a dispute with our credit card company and provided proof of attempts to resolve issues with the company. The credit card company issued a refund due to the company unwillingness to correct their mistakes. Now the company sent us a memorandum stating they have been trying to acquire funds to pay for the pool and are putting us on notice of filing a Claim of Lien against our home. No attempts from the company have been made to "acquire funds" prior to this letter. The last phone call conversation with Phil was him apologizing for not being able to correct our issues. Nothing was mentioned about the company trying to recover the funds refunded to us nor any coordination to retrieve the pool from our property.
South CarolinaI started a SC county school project with a GC and am wondering the best way to obtain the bond so we have it on file. Can I get it from the county school district or county itself?
South Carolinawe already file a lien notice, the company is now trying to treat us and they don't want pay us
South CarolinaDuring Christmas of 2017, SC friends flew me from my home in the Philippines for a 1-month visit. During the visit, my friends asked if I would help them prep their second home for sale: cleaning and paint. A subsequent inspection revealed the house needed massive repairs and remodeling. A GC was hired to do the structural repairs. I provided all the labor for two all-ceramiic tile bathrooms including prep, tile, and finishing of the walls and floors plus the installation of vanities and slab countertops in both rooms. I provided all the labor for the installation of the tile floor in the kitchen, along with installation of all upper and lower cabinets. Following that, I assembled and finished a stainless steel cable railing system on the stairway to the second floor. Next was to excavate a heavy system of roots that had lifted the concrete driveway approximately 6-inches. Additional work included extensive drywall patching and painting, plus the repair of about 30-lineal feet of deteriorating brick facia. This house has been sold. Work was completed in early 2020, just in time for international travel to be halted. At that time, I began several major project on the house my friends are currently occupying.
Those projects include: removal and replacement of a failed ceramic tile shower and associated storage area, excavation of approximately 120-lineal feet of 6-foot-deep trench, installation of electrical conduit in the trench, pulling 4-strands of heavy #3 wire through the conduit, construction of electrical fixtures, and connection to the electrical supply panel, installation of tile trim on an exterior staircase, the removal of failed waterproofing from a three-tier koi pond at the entrance to the home, plus installation of new waterproofing and tile. Also, I have a list of smaller projects that cover: painting, fabrication, repair, replacement, and finishing for almost every room in this 3.5m house. An accident, while working on the koi pond sent me into the hospital for emergency surgery. I am no longer working on the house during my recovery. I am 75 years old living entirely on SS. I have been a bi-polar patient since 2009.
South CarolinaSubcontractor contracted with the general contractor (GC) on a private project in SC. Subcontractor did not file a lien within 90 days of last furnishing, but the GC is still performing - is it possible to piggy back off the GC's last day of work for purposes of perfecting a lien against the owner?
South CarolinaI was subcontracted (but I wrote the contract which is wierd), by a franchisee of Kitchen Solvers. He left us and the homeowner high and dry with the project 95% completed and no payments made at all to me. He filed his LLC for bankruptcy. I still need paid, so do I lien the homeowner since its their property that was "improved" and worked on?
Im in Greenville SC.
Any attorneys great at this want to give a brother some help/ advice?
South Carolina