Contractor that I worked for was hired to "build" me a house. Since I worked for him, he said he was not going to many make any money on me, he was just trying to help a young family out. We agreed on a set price and began the project in April. Only work that was done by the actual contractors two employees was help me with framing the house which ended up 16k over his estimate and 8k over a bid I got from someone else. Framing was done at the beginning of June. From then on, he and his employees never stepped foot onto the property to do any work. Sub contractors were hired to do HVAC, electrical, drywall and insulation. I did everything else by myself with some help from my family. Halfway thru the project, he told me that we were 30k over budget. He printed off some paper work with all the numbers and sure enough we were over budget but he couldn't explain why. Come to find out when I was looking at the numbers yesterday, he added in random things like siding, soffit etc into the budget which was already paid for when we purchased the lumber/house package. Taking those things he added in out, we are back to the original price we agreed on. We closed on the house almost a year after we started it and he hit me with a lien a couple months after we closed. He wrote up some invoices for things that have already been paid for and filed a lien. Can he file a lien even though he has not done any work on the house since June (2 months after the project started)? All he did was pay the sub contractors that were hired with the loan I got for the house. Thanks!...Read More
I am a real estate investor who wholesale flips property and also sometimes rehabs properties.
I placed a sellers property under a Purchase and Sale Agreement with a closing date a month away from the date of execution of the Agreement.
I began to do renovation and continued for about 3 weeks, accruing labor and material expenses.
We planned to resell the property to an end buyer as soon as we had the property renovated.
Our seller has gone "rouge" on our contract and is now claiming that we are not permitted to finish the renovation and also is claiming that "we" violated the terms of our own Purchase and Sale Agreement by doing "any renovation".
We wish to file a lien not only for the costs of the renovation, but for lost profit that we would have received by selling the property at market value over and above what we agreed to buy the property for.
Hello, my uncle hired a general contractor to fix his roof. The work was done and the general contractor was paid in full. The general contractor did not pay his supplier and now the supplier is going after my uncle directly and has put a lien on his house. What can my uncle do about this? ...Read More
I am the customer and we hired someone to build us a fence. The job was unsatisfactory and he did not bill us until he noticed we were selling our house. He then put a lien on our property 10 days after the first invoice was sent. We are on a tight timeline due to the sale of our house so there is no way that we know of to dispute the lien in time to sign for a bridge loan. We are going to pay him and take him to court later because we don't know what else to do. He now sent an invoice to the bank for MORE than the lien amount. Can he do this?...Read More
A contractor filed a lien in SD on my commercial property which is also my home. He filled a lien on my property having the notary show a date as of Oct 29, 2020 and I received the reg. mail Nov. 7, 2020. The contractor never finished the work and I have hired a home inspector who has documented in writing endless things not finished, incorrect done with questionable workmanship. He has also received excess of 50K in payments and I have not heard from him for months. I keep thinking he was coming back because 6 or 8 months ago he left some of his equipment at my residence. The only thing that he has done recently was sent you young fellows to paint the concreate base that took 21/2 hours and charged me more then $750. dollars and billed me which was dated more then 120 days. ...Read More
I am an owner and have a lump sum contract with the GC ($700,000 lump sum and about $100,000 I requested for extras).
I want to protect myself from subcontractors filing potential lien (if the GC did not pay them).
Can the GC refuse me a request for lien waver from all subcontractors?...Read More
My husband did a full roof 12×12 pitch 24 square tear off and reshingle. He got a check and when he went to cash it they put a stop payment on the check. We paid for labor and now our account is in the negative. What can we do...Read More
We are a small South Dakota contractor in the fiber optic splicing field. We subcontract from Prime (general contractors) The project we worked on was a Federally Funded Construction Project (RUS) in Iowa.
The prime contractor is past due one year on approved invoices of $129,000.Last payment on this project was last year Sept 2019. What about Federal Prompt Payment in this situation?
The prime spent months trying to demand we sign off on invoices with lien waivers that we had not received payment. We did not do as they owed this extreme amount. After this was unsuccessful.
About a month ago, the prime contractor has now sent us a claim of unsatisfactory workmanship. There has been no mention of this terminology prior to a month ago. As this was there last recourse for non payment of past due invoices.
Don't they have to prove this statement after this length of time?
I am the home owner. My home has closed. I researched that my contractor never filed SD required soils report and somehow obtained the building permit without submitting it. I have been in my home less than a year. The crawl has water even with a sump pump. The soils report states a minimum of 1' of engineered fill under footings. Another contractor evaluated that I have no engineered fill. My foundation is compromised. My health and home are compromised with standing water. I have followed the process for the year warranty and the contractor has denied my claim. Oh... and there are live frogs surviving in my crawl. This involves my brother's house as well, on an adjacent lot, with the same contractor. I need direction....Read More
I am a small contractor who did excavation work for a large company. I had a retainage fee withheld for my work which was to be paid October 1 of 2019. I finally received payment on May 4, 2020. The company took off all my interest charges for the late payments. They told me because it is a retainage fee I can not charge the interest. Can I charge interest and are they required to pay it. The work took place in South Dakota. ...Read More