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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
Anonymous Contractor
1 answerAdd commentJul 27, 2021
Utah
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
Anonymous Contractor
1 answerAdd commentJan 8, 2018
UtahLien DeadlinesMechanics LienPreliminary NoticeRecovery Options
My company provided consultng and budgeting services for a developer. We provided a modular constrction solution. The developer chose not go modular. We have an executed agreement with them to provide our services. They owe us two months of fees. Can we lien the project?...Read More
Anonymous Subcontractor
1 answerAdd commentFeb 20, 2018
UtahLien DeadlinesMechanics LienPreliminary Notice
As subcontractor, we agree to install OSB on a section of ceiling instead of drywall as previously discussed. We agree to rush timeline in exchange for not being credited off change of scope (but no written agreement detailing this). Our contract calls for $x drywall work and $y OSB sheathing, but no specifications as to scope except our estimate. We are in process of collecting and now GC wants us to sign (-$500) Change Order agreeing to credit for change before they bill client (even with prior verbal agreement). If I don't sign, they won't bill and payment terms remain open since they haven't been paid yet. Should I refuse to sign CCO and file lien to expedite payment?...Read More
Anonymous Contractor
1 answerAdd commentApr 19, 2018
UtahMechanics LienPayment Disputes
We are an out of state prime contractor who will be performing construction services for an owner building a restaurant in the state of Utah. We normally withhold 5-10% retention from the payments to our subcontractors and the owners we work for withhold the same from payments made to our company. Must the owner have a separate account for our retainage that earns interest for the duration of the project and will we, in turn, have to maintain a separate account for the retainage we hold from payments to our subcontractor?...Read More
Anonymous Contractor
1 answerAdd commentJun 26, 2018
UtahRetainage
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
Anonymous Subcontractor
1 answerAdd commentJul 31, 2018
UtahLien DeadlinesPreliminary Notice
six months ago I contracted with a Home Improvement contractor for home updated according to the Rocky Mountain Power and Questar gas/Thermwise rebates program. The contractor failed to give me a detailed quote for services after numerous requests in the beginning, I only ever received an umbrella estimate. The windows, door, and LED lights were eventually installed, but none have been installed per my request or the representation of the salesman; not a single window has been insulated, the door was improperly and incompletely installed, the LED lights are not 'dimmable' as they were promised to be. Since that time I have complained to the contractor who 'assured' me the re-installs would be done and all would be fixed. He then had his installer call me and tell me that my complaints did not fall within his contract, he was not liable for the insulation, what I saw as being improper installations, the pre-install prep work, or the 'aesthetics' of the windows. Prior to the phone call, at the same meeting with the contractors representative, I recorded him asking me to misrepresent the status of the contract to my third party financier so he could get paid. Again he 'assured' me that the project would be completed to my full satisfaction prior to me ever being billed by the financier. I have since paid my first bill, received a very vague (and fraudulent) invoice from the contractor for services not covered by the financing, and nothing has been fixed. The windows have not been re-installed, I had to re-install the door in order to eliminate some of the drafts now that the weather has changed, I still have no insulation in my attic (guaranteed to an R-50 per contract), my lights have not been changed out for dimmable LED's at his expense (I have had to change a handful of them at my expense), the 'home pressure test' has never been conducted, the outlets have never been insulated, the infrared photos of the interior and exterior of the home have never been performed, and the third party financier has supplied all monies to the contractor after the contractor misrepresented the status of the contract and my 'complete' satisfaction to them....Read More
Anonymous Contractor
1 answerAdd commentNov 6, 2018
UtahPayment Disputes
We are a subcontractor that did cabinet work for a dental office and did not get paid. The contractor kept telling us, he was getting money, but we haven't seen a dime. Now he wont answer calls....Read More
Anonymous Contractor
1 answerAdd commentNov 14, 2018
UtahMechanics LienRecovery Options
I didn't get paid for paint from the owners, but I signed a lien waiver with them. I owe money to sub contractors that I hired out....Read More
Anonymous Contractor
1 answerAdd commentDec 28, 2018
UtahLien Waivers
Utah Non-profit, mutual water company-501C12. Whispering Pines Water Company provides culinary water to 132 properties - A shares. B share owners (131) get their water from a common spigot and transport water in portable tanks to their properties. To maintain the systems a fee is charged. Some do not pay. Lienable?...Read More
Anonymous Contractor
1 answerAdd commentJan 29, 2019
Utah
I had an oral contract with a customer who I renovated a kitchen for. I purchased all material. We also had everything in text messages. I finished the job and moved on to building a 30ft gate and installing. Had not received payment yet for either jobs. She explained she was closing some land she sold and we would then receive payment. We then agreed to renovations of an apartment complex. Where she would give half up front and the other half when done. We received 50% down almost 3 weeks had passed and still no payment for first 2 jobs nor reimbursement for material. When we asked for the our money we were told and text messaged to stop working till funds were in her hands. Finally after 4 weeks she closed on selling property never paid because she claims apartments were not completed. I have messaged of her pleading for us to plz be patient she promised to pay and also telling us to stop working till she had our money. It's been 5 weeks and still have yet to receive payment....Read More
Anonymous Contractor
1 answerAdd commentJun 6, 2019
UtahLawsuitMechanics LienNotice of Intent to LienRecovery Options
We signed a contract with a contractor to do a home remodel on my in-laws home. We do not hold any legal or equitable title or interest in the home. Is there anywhere where it states that a contract like this should be signed by the homeowner and not a party without legal rights, title or interest in the property? My in-laws are refusing to pay the last $11k and the contractor is suing my husband and myself in small claims court because we signed the contract and he feels that we should pay for the remaining balance. The contractor did not issue a 20-day preliminary notice of intent to lien. Thank you!...Read More
Anonymous Contractor
1 answerAdd commentJun 17, 2019
UtahConstruction Contract
I'm not sure what i put for property name? is that the job site i will be doing ? or the company that will pay me for the job i will be doing for them? also invoice/ payment application number ?is that the number i got from the state for the waiver ...Read More
Anonymous Contractor
1 answerAdd commentJul 2, 2019
UtahLien Waivers
built an addition, was allowed free rent during construction + other benefits with an verbal agreement. we have had a falling out with the owner now that the project is nearing completion and the owner no longer recgonizes work that was completed and is not adhering to our agreement. Can i recover the amount for the project? wages, and materials? the property owner was his own primary contracter. I provided all labour, and some material. ...Read More
Anonymous Contractor
1 answerAdd commentAug 7, 2019
Utah
I am building a house and it was ready to move in a month ago. The developer for the subdivision did not have the asphalt or gas completed which has delayed us for a month costing me $4000 more in interest with my lender. Can I go after the developer for this interest?...Read More
Anonymous Contractor
1 answerAdd commentSep 24, 2019
UtahBack Charges