I just found out that there is a mechanic's lien over my property in Dallas TX while I am doing refinance. What kind of attorney can help me to resolve the issue? ...Read More
I heard in a recent webinar the AIA A201 was recently updated for Force Majeure clauses relating to passing through increased costs due to the pandemic or supply chain delays. Is this true? All I see online is A201-2017. Thanks!...Read More
We did some initial work on a property for a client. He led us to believe he owned the property, but apparently it was transferred to a holding prior to doing the work. We file a lien against the property in the name of the client rather than the holding company. How does this affect our claim and are there any additional steps we need to take....Read More
We are a GC and hired a subcontractor who performed poor workmanship and after multiple disputes, the contractor left the project and didn't fulfill his contract. The contractor had two separate contracts, one for wall assemblies and one for wall finishes. The contractor performed a small portion of the wall finishes contract, but all work had to be redone due to extreme poor quality. We received a Pre-Lien on 10/14/2021 and NOTICE OF LIEN FILING AND DEMAND FOR PAYMENT on 10/15/2021. We are unsure how to dispute the Lien Filing and didn't have adequate time to dispute it. Is there a template or standard for filing disputes? Is our subcontractor allowed to file a lien within 24 hours of receiving an emailed prelien? ...Read More
Our company performed 4 COVID cleanings on 4 boost mobile properties, all operated by a single person. We have contacted him many times by phone, both leaving messages and speaking with him personally. We have sent multiple emails, both directly to him, as well as other emails that he has provided (supposedly the owner, but we have received no response.) At this time we believe that he has no intention of remitting payment, and perhaps never did. What is the process (if any) that we would go through to file a criminal theft of services report? The total amount of his bill is over $2,000, which I believe would constitute a class A misdemeanor....Read More
We have a closed commercial project (paid in full) that we have just received from the Property Owner, a Texas Affidavit of Lien Document. We were contracted with the tenant, not the property owner. Recorded notice indicates that a supplier to a subcontractor we used provided to the site Sept. 2020 and recorded the affidavit Jan 4 2021. They have a branch office of the Tenant and also of us as parties in the affidavit and it states it was sent Certified Mail. We are also unsure if an actual lien was recorded. It would be my understanding that the supplier gave proper Notice, but should have recorded a lien by 1-15-21 to have any lien rights. Is this correct?...Read More
If I file one affidavit claiming both a statutory mechanics lien and a constitutional mechanics lien, and if the statutory lien ends up being thrown out - would the constitutional lien be thrown out simply because they're on the same document?...Read More
We had some lumber delivered and paid for, but ended up not needing the size we had and our sales rep agreed to pick up what we did not need and drop off what we needed and we would just pay the difference, since the original drop was already paid for. The needed lumber was dropped, unneeded lumber picked up (we have pictures of return on truck) but we were never credited for the lumber picked up, only invoiced for drop. I did pay the difference between the 2 sizes. They have now filed a lien for balance. ...Read More
Hello , the summary on levelset is telling me i missed a deadline and that my payment isnt protected i would just like to know what this means excatly I wasnt aware i had to do anything besides provide the documents to file the lien, what should my next steps be ? ...Read More
My son had a verbal agreement with a contractor working for a cable company. His many attempts to get the manager to sign a written contract were met with resistance and this manager telling him that he wanted to bring him on as an employee, even though the original agreement was for him to be a subcontractor from his own landscaping business. Last week, while I was in the hospital, my son was picked up on a warrant charge and was unable to contact this contractor for the week he was in jail. Today when he was finally able to contact the contractor about his pay which should have been deposited on Friday last week and wasn't. Their verbal agreement was that they would pay him $60.50 per job, in addition the company would be responsible for paying his gas to and from the city the job was in which is 78 miles from our home. The first day of work they assigned him to training at $150/day which was not part of the agreement, then when he told the contractor he needed money for gas the contractor changed the agreement again and told him it would come out of his check for the week. Currently with all the deductions the contractor has taken and what we have recorded as my son's work this contractor owes him a total of $1,195.50, if we charge him mileage that would be $300 more. My question is how can we get this contractor to comply and pay what he owes him and if he refuses what is our recourse since this was a verbal contract and we are in Texas? We believe he has text messages between him and the contractor sending him to different locations to perform the job he verbally contracted him to do....Read More
I spent 14 months between October, 2018 and November, 2019 acting as a General Contractor for someone building two shops on his property. In November, 2019 as the job was completed he brought someone else in and terminated my employment without paying me for my work. He drew up a promissory not to promise to pay me $50,000.00 at $5,000.00 per month starting in November of 2019 and each and every month following until the balance was paid in full. He made 3 payments and stopped paying me in January of 2020. I have sent several letters and emails to him with no results. His excuse for not paying me is that "His wife passed away from Covid 19 in 2020 and he doesn't think he owes me or the world anything and does not care what anyone thinks. He still owes me $35,000.00 along with $9,876.00 worth of tools and equipment I was not allowed to take with me when I left. I was told that I was entitled to file a "Constitutional Lein" in the State of Texas for up to 4 years against this property. That is what I would now like to do. Please advise...Read More
I am a fire alarm contractor working on a large commercial project. We completed our work in July of this year and have not been paid the retention for the Job. The General Contractor says he will not pay unless we repair some damage to our work that was done by others for free. He is also knit picking the job trying to find any reason he can not to pay the retainage. There is nothing wrong with the fire alarm system, the customer has full and complete use of the system. We have kept up with our filings on the job through Levelset. They say they are giving me 3 days notice to complete the repairs....Read More