MY COMPANY IS CONTRACTED THROUGH A GOVERNMENT PRIME CONTRACTOR. We were awarded a purchase order for a defined number of valves and actuators of various sizes. This was a firm fixed price per unit. The prime now wants to decrease some valves, increase others, and also add additional sizes. In reality, the "scope" has not changed. The prime wants to reduce the original po, and send the changes and additional valves back out for bid. I am stating that the scope did not change(qty but not specification or design/material changes). So since we won the initial award, shouldn't the prime just issue me a change order? The dollar amount is over the simplified acquisition threshold. All additional valves are sole sourced through one company, so those bidding on the additional valves have nowhere else to go, and these valves were already included on our original po, so again no change of scope, just qty. ...Read More
I'm a GC and we hired a contractor to do substantial grading work for us on a residential project. He overcharged us and we clearly demonstrated that he had done so and also that he did not follow the engineering for the project. We explained this to him and attorneys got involved. At this point, we are 5 months and 1 day past the last day he did work for us. My concern is for my client. My understanding is that he needed to file a notice of intent by yesterday and since he did not, he losses his right to file a lien. Is this correct?...Read More
I’m a general contractor. I hired a sub to perform work on a residential property. I paid him half down at job start (Aug 2nd) and he walked off the job about halfway through (sept 24) He just sent an intent to file lien to the property owner (dated dec 8) unless the remaining 50% is paid. I don’t think they or I should have to pay for work that wasn’t completed.
He sent the 60 day preliminary notice with the intent to file (dated dec 8) Does he even have lien rights since we are well past the 60 days? And if not, do the property owners have to contest the intent to file? He can’t proceed with filing if he has no lien rights, correct?
Thank you! ...Read More
I am an independent contractor who owns a roofing business. I have completed they’ll work with pictures attached. I have not been paid payment for more than 60 days. This was an insurance claim that I worked very hard to get for him. It was a $16,000 job whereas, he only gave me $5200. 00 down and fired me the day the work was complete. He was also responsible for pulling the permit for the home and never did. What can I do?
thank you
Terry Brady ...Read More
Walt's Petroleum Service, Inc did a job at C&G Mini Mart located at 910 State Highway 102 W, Rib Lake WI from Aug 10, 2020 to Aug 20, 2020 and haven't gotten paid $202,415.69 for the job. We have done ongoing service for this location since construction was completed. The last date of service was June 10, 2021. Total amount due is $252,498.40. Does Walt's qualify to file a Mechanics Lien? ...Read More
Just started adding all of our jobs into Levelset based on outstanding balances. Based on last delivery date this notice should have been sent out 8 days ago. Is it ok to still send the notice? We are not concerned that there will be payment issues, but we want to follow the motions just in case....Read More
1. I own a WI sole proprietor LLC residential renovation company and I agreed to convert a WI homeowner's storage shed to a "she shed." The owner prevented me from completing the job when I was just about finished and has offered to pay me a portions of what the contract specified.
2. I started work on May 17 2021 and they told me to leave the property when I was there to work on June 18 2021.
3. I delivered an intent to file a mechanic's lien on June 29 2021 and I used USPS Certified Mail to deliver it. I have the receipts from the post office to prove the date of mailing.
4. I would like to file a mechanic's lien on the property, but I am unsure of the following:
a) I am not sure how to claim my labor amount, since I submitted one overall amount for the entire project, which included labor and materials, so there is no "hourly amount" for my labor. Some of the materials were not purchased or installed, and some of my labor was not furnished since they prevented me from finishing.
b) WI states seem to say that I can't file a lien if I am a "prime contractor" because I missed the notice window for those. Am I a "prime contractor if I contracted with the owner and did the work myself through my company?
I saw your website and would appreciate any guidance you could provide. Thank you!
...Read More
In the fall of 2018, my husband started working on a John Deere 340D Logging Skidder that had broke down and had been abandoned in a farmers field. At the request of the owner of the Skidder, he worked on this machine in the field over the next year, he had no power tools and no lift equipment so this work was preformed under extreme conditions.
Over the time the Skidder was in the field the owner never gave him gas money and it was a 70 mile round trip from point a to point b. The crew that had abandoned the Skidder in the first place actually came and stole the two piece drive shaft along with other parts off the Skidder. We found that the fuel lines were now cut, the blade is twisted, and the rear end of the Skidder was in upside down. After all these set backs we finally moved the machine out of the field ( pulling it onto a flatbed truck isn’t an option when the rear end is in wrong) in the fall off 2019.
While driving it home, we found that all off the brake fluid was drained out of the sealed brake drum so the brakes seized up. We got it into a flat bed and towed it home. My husband is still working on this machine and him and the owner had a oral agreement that if he fixed it that he could buy it for scrap price ($12,000).
Since this has all started the owner has brought someone over to look at it to buy it, told my husband that the bank is going to repo it, and now is telling other people that he is going to repossess the Skidder because my husband isn’t making any payments or working on it.
My husband is a logger and in fact is running the owners other Skidder and if he doesn’t get some kind of a check every 4-5 days he starts harassing me!
I get text and phone calls and if I ignore him it gets worse.
I have calculated the hours worked to date x average hourly wage for a heavy equipment mechanic, mileage @ 58 cents per mile (which actually pays for the machine alone), not included were the parts that he used that he had on hand here since he assumed it would be his Skidder.
How do we go about filing a mechanic’s lien and do you think we have a case?
...Read More
I sell LED Lighting to end users.. I use a licensed electrician for installs. The end user pays my electrican direcrly, but now I want to be able to mark up labor and collect the payment from my end user then pay my electrical contractor. I dont need a general contract license to do this do I?...Read More
Hello,
I am an electrical contractor in Wisconsin and I am in the process of sending an intent to lien notice to the owner and the main contractor with Levelset.
I was told that I missed my deadline to send a preliminary notice out. The Levelset team is still trying to send the intent to line to notice out.
Will I still be able to put a lien against the property if I missed my chance to send out a preliminary notice out?
Please advise.
Thanks,
Vahid Bakhtiari...Read More
I'm a landowner and i had a joint venture agreement with a construction company to build some units of residential apartments within 24 months.. it was agreed that my only stake in the agreement was m y land while the contractors would bear the cost of building. Upon completion of the construction we were to share the units of buildings equally. the construction company was to pay me for every month starting from the 25th month where they failed to complete the construction of the buildings.
Before the end of the 24 months the contractors stopped the project without any notice to that effect and there was no force majeure incidence. this is the seventh year since the agreement and the project has not been completed neither have i recieved payments for the months of breach ...Read More
I built my home 3 years ago and it came with a 30 year dry basement guarantee. The basement is leaking and the builder/warranty holders are not responding to my many requests for resolution (it's been 3 months). I followed the warranty to the letter, but may need representation. How do I proceed?...Read More
I recently tried to start a new business in a commercial building in my area in Wisconsin. I was sold the building as turn key ready to work well the township and county had other ideas and I have been jobless and fighting to open ever since. I had started an LLC for the small engine repair shop. In the meantime since I couldnt open up my business at my location I decided I better fund some other work. So I went back into the trades as I was just before I started this LLC and took on a big project. I contracted a remodel job for a bar/restaurant plus living quarters. In my area. I have received very little payments and it appears as if the owners are going through some personal struggles. I'm near finished with job and I'm owed a pretty hefty lump sum. My question is if it is better to run this job through my new LLC to show some income in my business and have the protections of an LLC or am I; better off doing it as a sole proprietorship? Since my new business is in mechanics mostly not construction I'm thinking I need to do it as sole proprietor. If so what are the risks?...Read More