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Utah Questions
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Utah
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?
UtahAs 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?
UtahMy 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?
UtahGentlemen,
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.
Utah