Our company has worked with one GC on two different projects. One project was an outdoor project in which the GC demanded that we use a material that we knew was unsuitable for outdoor use and advised them against it because we knew there would be future issues. We have gone back on 3 occasions to fix this project but still, more work is needed long-term due to their misstep. We simultaneously completed a second project with the same GC, to the homeowner's satisfaction and now the GC is withholding payment for the completed job until we repair the other project. We have assured the GC that we would happily assist with the other project once we receive payment for the job we completed but they are still refusing to pay us. Do we have any recourse in the situation? Please note that a preliminary notice was not sent. ...Read More
I Performed work as a Drywall sub Contractor and the Contractor doing the Project will not pay what is owed. He made a Partial Payment but there is a balance owed. I submitted a Lien but it was filled out incorectly and I need to amend it...Read More
I'm a painting contractor. Refinished kitchen and bathroom cabinets for customer. We have a signed contract. They paid $600 materials Deposit, but Never paid the $5700 balance owed for the work. They refused to pay me, then they filed a "poor workmanship" claim with my insurance. My Insurance actually paid them about $11,000 to have the cabinets redone. Bottom line: they Never paid for any of the work. Questions: I filed a mechanics lien. Should I sue to enforce the lien? ALSO: I want to know if this is INSURANCE FRAUD or not?...Read More
My elderly grandfather has contracted construction on property owned by my wife and I. The contractor didn't bill him for five months and now two weeks after billing is threatening to put a lien on our property. I don't have the funds available to cover the contractor and my grandfather. What can I do to protect my family and property? ...Read More
The state of TN. Says a subcontractor can’t lien.
It also says:
similar to North Dakota’s. Those who “furnish materials” may file a mechanics lien, and “Furnish materials” means:
To supply materials that are intended to be and are incorporated in the improvement;
To supply materials that are intended to be and are delivered to the site of the improvement and become normal wastage in construction operations;
To specially fabricate materials for incorporation in the improvement and, if not delivered to the site of the improvement, are not readily resalable by the lienor.
If a Subcontractor also supplied fabricated materials and Invoiced that material separately can he file a lien for the amount of materials?...Read More
This is in TN-I am dealing with a Owner that wants many Lien Waivers all of a sudden. I want to know the difference between an Interim Release and Waiver (is this a partial payment) and conditional final release. And is it correct that you do not sign a unconditional lien release until you have been paid in full. And can a subcontractor fill out same waiver as a Contractor. I can't find a simple TN subcontractor's lien waiver. I'm sorry but I am way overwhelmed over all of this-I am just not comfortable signing all of these....Read More
I am a GC building a house for a homeowner in Tennessee. The homeowner is dealing with theirconstruction lender directly, meaning I am not paid by the bank but by the homeowners and I have a cost plus contract with the homeowner. We are still on the job but the owners currently have an outstanding balance of $74,808.07 with us. The invoices are from February and March. The work to be completed within the next two weeks will be an additional $44,591.36. The homewoner says we are paid to date per their bank inspection percentage which is not true, and when we signed I was not informed of the banks payment process nor "percentages" since we are not billing the bank. The homewoners have added over $30k in change orders and in material cost increases which they have not informed their bank of. Alos, when they received the "notice to owner prior to commencing work" the owners owed us money (this is common with them), they immediately said "so since you're not finishing the job can we get someone to finish it." Keep in mind, we have never stopped working on their house even with them owing us massive amounts. I know when the owners receive the "Notice Of Intent" they will say the same thing. My question is, do I only file a lien for work completed which is the $74,808.07 or do I need to lien the full amount that will be completed within the next two weeks (electrical trim out, plumbing, cabinets and countertops)? I am worried the owners will try to close on their construction loan and my company will be stuck holding the bag for their house.......Read More
I have a client that I've placed a lien on for the work we performed, he had that property for sale until the lien was placed, now he has taken it off the market to sell a different property. Can we place a lien on the for sale property for the work that was done at a different property?...Read More
A supplier showed up at our door (we had rock delivered) that our guy we had do work hasn’t paid, but we paid him (guy doing work) for the rock. No contracts. He threatened to file a lien on our property if we didn’t pay since he wasn’t getting payment from the man that ordered it, so we’ll have to pay twice now for the product? This work/product was delivered in august 2022. Any info appreciated...Read More
Work wasn't completed. Damage to property occurred and business admitted fault twice in writing. They filed a lien but from what I've read on your site, it is prohibited by law for them to file lien in TN and VA. I told them I'd pay once work was completed and damage repaired. I want their plan in writing. They won't put it in writing. ...Read More
Was hired to do exterior pressure washing job, once completed client was happy, asked if I could also paint and clean inside of the resident, a day before I would have finished , was fired, and client refuses to pay, beacause I didn't finish job, but didn't finish job because I was fired...Read More
We worked on a project for a customer and now we received 4 checks that are post marked. The first check was returned for NSF and just Friday we were able to deposit that check which was dated 7/7/2022. The check dated 7/21/2022 the bank is telling us that there aren't enough funds to deposit it. We also have two checks post dated to August 4, 2022 and August 18, 2022. The deadline to file a bond claim is 8/11/2022. Since we did get the funds for the first check should we file anything against our customer or what are our options to get this money sooner?...Read More