In South Dakota we hired and paid a man $3000 in full to cut down a tree in our back yard. The price included rental of a lift. The man abandoned our job unfinished and failed to pay the rental company for the lift. The rental company is threatening to file a lien against our property for the cost of renting the equipment and the cost to repair damage they claim was caused to the lift. 2 Questions:
1) Per S.D. S.D. Codified Laws Section 44-9-1(1) are they entitled to a lien for cutting down a tree?
2) Are they allowed to include the cost to repair equipment They claim was damaged?...Read More
Hello, I am a property owner in South Dakota. It has been 9 months since I paid a 50 % down payment to the general contractor to get a bedroom/ bathroom remodel done. The first crew of subcontractors walked off the job in October 2021 after multiple delays, disputes and stoppages. The GC hired a second subcontractor crew to complete the job. I paid an additional 25% to GC at that time. Today, March 2022 there is still final finish work, some electrical and light installations and all of the plumbing fixtures to be installed. Today the replacement subcontractor informs me he has not been paid for several weeks of work by the GC and is filing a lien against my property. What are your recommended next steps? Thank you....Read More
We have our house up for sale and a previous buyer who held our home under contract for 4 months and then backed out. During the process of getting their loan approved, their home inspector claimed that we needed some work done on our foundation to get the approval. The work was supposed to be done at the expense of the buyer and paid at closing. He performed the work, approximately $2500, but we never consented to the work in writing and no paperwork or contracts were involved with us. After the deal fell through, and now that we have a new buyer interested in the house, he is planning to file a mechanic's lien even though the arrangement was between him and the last buyer. If the lien gets filed before we close with the new buyer it could stop the closing. How do we fight this?...Read More
I put money along with another person into a property in SD and now the other person wants to change things and I want out. Can I file a lien to make sure I get my funds if or when the property were to sell?...Read More
We delivered garage materials (garage trusses and windows) to our customer's SD site, during the Fall of 2020. They had also purchased a home from us in 2020, that we delivered previously to the same site, which they paid for in full. We have been in sporadic contact with the customer and they keep telling us that the check is in the mail. We even reduced what they owed us from $8,760.13 to $2,000. Can we file a lien on their garage or property or is it too late?...Read More
I'm a Subcontractor that worked on a large commercial project. I finished my work on the job on 10/22/2021 last month but I haven't gotten paid- and my customer isn't returning my calls. What should I do?...Read More
We are a Electrical Contractor working in SD, NE and IA. We are doing an Arc Flash Study at a Facility. We would be on the Customers Site typically one day then we would go back to our SD Office and run reports / studies to complete the Arc Flash study and send the Finalized report and findings to the Customer with the invoice.
How can we protect our payment? What would we need to file? Any pre notices to send to customer?...Read More
I purchased a property on August 9th. The owner had work done to the property that they thought was covered by insurance. The insurance company didnt cover the work. The contractor filed a lien against the property after I purchased it and I was unaware at the time of purchase that there was anything unpaid. What is the recourse for something like this....Read More
I lived in a home owned by my mother, a verbal agreement that the house is mine and I would buy it from her. We decided to sell but only after I completed a ton of work and landscaping and driveway work to improve the value. I found the buyer and we accepted thee offer. Now mom won’t agree to share proceeds and I’m out with nothing. I filed a mechanical lien due for all I put into the house. She continues too harass me about getting out before it closes. She told me today that -the lien isn’t my (her) concern. I’m just asking for what I put into the house and the labor average for this work totaled $14g. Did I do the wrong thing and what are the chances I will get paid back? ...Read More
I’m a home owner some guy that did work on my house filled a lien on me he never finished his job I hired someone else he came back 4 6 weeks later and he was all pissed I hired someone else and demanded money we agreed on a price I paid him some of that money after when 30 days hit he filled a lien on me! Should I take. Him to court...Read More
I had an insurance claim at my house for hail damage resulting in window replacement. The Contractor I was working with had measured and provided a bid for labor. I signed the estimate and submitted to insurance for reimbursement. After payment, the contractor changed prices and wanted me to use different windows. He told me one price verbally and then sent an estimate at a substantially higher price. I felt as if his actions were unethical and I fired him. He is now threatening to put a mechanics lien on my house.
He has not performed any work, hasn't supplied materials nor has he ordered materials. The signed estimate does not have legal language and does not agree to any type of contractual obligation (no language at all). On top of that, he never countersigned the estimate and sent back to me. Trying to understand if he can file a mechanics lien? ...Read More