We are a sub contractor that did not get paid due to a dispute with the general contractor and owner/Manager of Marriott SLC City Center. We have filed a prelim and a lien. What is our next step...Read More
Gentlemen,
I’m writing to request information related to filing a lien on an owner-occupied residence in the state of Utah for unpaid architectural and engineering fees and expenses.
We started work on August 29, 2017 with a site visit accompanied by the client. We finished the architectural drawings and received the structural engineer’s drawings and calculations on December 11, 2017. The client was notified that we needed to set up a meeting in order to deliver the final drawings and calculations into his hands and to receive a final payment for our services. An invoice was sent at the same time. A day or two later the client emailed us to argue that he thought he was being overbilled and indicated that he wasn’t willing to pay anything further. We emailed back and forth a few times. Our last communication with him was on December 20, 2017 wherein I offered a $500 credit; however he has never responded.
I’ve since learned that the client is using a set of nearly-completed drawings that were sent to him as a review set just prior to finishing the project. That set of drawings does not include the structural drawings or any professionally stamped drawings or the engineer’s calculations. The client is now using those drawings to do the construction without paying for them and is also proceeding with construction without obtaining a building permit.
I need to know what my lien rights are in this situation. Obviously we never filed a preliminary notice since we never anticipated needing to file a lien. My current position is that since the client has refused to meet and accept the final set of construction documents, we have not yet completed the project. As I understand it, the client is currently in the middle of obtaining financing for the new construction so NOW is the time to get a lien filed if it’s at all possible to do so. I’d would very much like to be in front of the bank on this.
I would appreciate your input as to how I should proceed at this point. Thank you....Read More
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Typically the department for this zlien user will receive a copy of the contract for a new project, but won't know the exact start date until the month after. Since they won't know the start date until after the deadline, could they file the preliminary notice when they receive the copy of the contract? If they did this, would they still be compliant with the deadline and be fully protected?...Read More
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