In a situation where a contractor completes a job on a residential property and the homeowner’s insurance company is so slow to pay that the contractor cannot then pay the supply company in a timely manner- can the supply company put a lien on the residential property?
This happened. Now that the insurance company finally paid, the homeowner is not paying the contractor because there is a lien on their home.
What rights does the contractor have?...Read More
equipment rental: using a rental credit application or a rental contract with terms ands conditions be sufficient to place customer on notice of intent to lien for non payment.
is this sufficient notice under give notice clause in va. law?...Read More
Good day. We were hired by homeowner to install flooring. Homeowner purchased materials and we installed it. Homeowner called coding inspector and violation occurred as purchased by homeowner materials once installed the stairs only turned out not to code. We purchased other materials and installed it. Client didn’t pay even though it passed inspection. We filed mechanical lien. Client felt that she was overcharged but didn’t provide us with receipts for stair nosing so we can reimburse fir not catching the coding issue. Client didn’t provide receipts. We adjusted the amount for approximate amount. Client still didn’t pay.
Do we need to amend already filed memorandum for mechanical lien or can leave as is and start the process of enforcing the lien? It’s for Prince Willians county, VA. Thank you....Read More
We have three licenses (VA, PA, FL). I need to know what we need to do if the employee retires. In other words, if our licensed employee for these three licenses retires, what do we need to do? Also, what does he need to do?...Read More
We are suppliers, working B2B on commercial projects. We delivered our products (windows) per schedule below:
• and one missing piece on 02/15/2021.
In our contract it is written that our client is General contractor and Owner of the project.
We have 25% deposit, but now client is not paying remaining amount due to some problems with funding.
We sent Preliminary note and Notice of intent to Lien on 03/23/2021, but only by email.
We read now that Notices should be sent by mail, and we also read that if we have contract with the owner Preliminary note is not necessary.
Do we need to send preliminary note by mail, or how to verify project owner.
Can we count 90 days to file a Lien from last small delivery on 02/15/2021.
Thank you!!!...Read More
Some customers make payment via insurance checks and personal checks for partial amount of payment. If I cash these checks, am I waiving my lien rights or waiving the rest of payment owed to me?
Can I cash these checks to utilize for cash flow and still pursue the rest of payment. ...Read More
We have a customer who's project scope expanded dramatically to the point they could not afford the necessary work to save the structural integrity of their home. We offered to finance the additional work over a year. Approx $25,000.00. The final payment of the original bid and the first monthly payment were due last week. After many phone calls we got a check $3202.69 short of the required amount. All followup calls have been ignored. I really don't want to file a lien but feel that it may be necessary. What are the steps and does this sound like the correct action?...Read More
This is to request your help to get guidance about a product quality issue regarding the quartzite (Level 5 granite) countertops that I bought for our kitchen. I'm based in Virginia. Below are some of the details in brief:-
1. We selected two slabs and the store informed at time of fabrication that one has been sold to another customer so we needed to pick another one from the same lot. The store never informed us of any quite visible imperfections in the granite before fabrication. The countertop is about 56 sq ft and consists of 4 different pieces. We had paid 50% in advance as deposit.
2. The countertops were installed on 4/5/2021 and I immediately noticed 4 very large spots in a highly visible prominent area, where the stone had been repaired. All this is mostly on the first piece that goes over the dishwasher and the sink.
3. The damage to the stone had been filled with some black resin/epoxy and it is rough to the touch and has small cracks and no shine to it like granite is expected to have. This shows it is not part of the natural stone but a man made repair.
4. The business owner insists that it is part of the stone and this is how it is. He has refused requests to replace the piece and insisting on getting the balance payment. He says, "Either accept it as it is and make full payment or he will see me in the court".
5. He is not willing to discuss the defects and insists that natural stones are expected to have variations / imperfections. This, however, is not a natural imperfection but a man made repair which no reasonable customer would accept when they are making a huge investment to have a beautiful kitchen.
6. I received a certified letter today (4/12/2021) from him stating he is going to file a lien if i do not pay.
Can you please help me regarding how to protect myself from such a lien and get the business owner to replace the defective piece and pay him the balance.
Thanks for your help.
K Singh...Read More