I became the secretary for sprinkler Comp. (Non profit irrigation) several land owners have not paid in years, they own shares but also have not used the water, as far as I know, do they still need to pay their share in dues?...Read More
We are a GC in CA. We were finishing up a job in WY earlier this year and were not allowed to finish. I subsequently filed a prelim and notice of intent to lien. Two issues: 1) I apparently filed it with the wrong owner. Can I refile it? 2) Client is stating that there is some statute that says we have to prelim before we are paid anything on the job. Is this true? From the client...
"Wyoming statutes require that a contractor provide a statutory form of notice on a project, "prior to receiving any payment" and that failure to send it "shall bar the right of contractor . . . to assert a lien."...Read More
WE DID THE WORK ON A SEMI TRACTOR AND THE CUSTOMER HAS NOT PAID THE BILL AND ALSO THE SEMI IS IN OUR POSSESION WE DID A TITLE SEARCH FOR THE LIEN WORK AND IT CAME BACK WITH 2 OTHER LIENS ON IT FROM A BANK. JUST CURIOUS AS TO HOW TO GO ABOUT THE LIEN NOW?...Read More
"A", a second level sub completes work, does not get paid by hiring sub, and files lien. GC wants to hire "A" to do change order job on same project. Can "A" accept the job from GC without affecting the line "A" already has on the property?...Read More
We are a design consulting firm. We did some consulting work for a developer in fall of 2020. We invoiced a total of $18,000 in November 2020 and have not been paid. We have filed a lien. Client is unresponsive. ...Read More
Hello. My company is a supplier out of Montana and we are supplying cabinets into Yellowstone National Park in Wyoming. I am curious, on this government bonded project over $150,000, if the prime contractor subs out a part of their project to a subcontractor to provide materials/labor, do we send out a preliminary notice to the prime contractor within 60 days of the subs first purchase? This sub contractor is a new account and just started purchasing items for this project so does that still meet the 60 day requirement even if the prime contractor has been purchasing for about a year?
Also we did not realize the prime contractor was going to be purchasing a large amount of material from us and missed the 60 day filing date, plus I wasn't aware Wyoming law requires the prime contractor to receive a preliminary notice for their purchases. In MT, we only send the Notice of Right of Action on Security when a sub makes purchases on a government bonded project and the document is sent to the general (prime) contractor. Is there any other recourse for us against the bond if there are problems collecting from the general? Or when it says 60 days does this mean the last 60 days worth of invoices are covered by the notice and then any new purchases or is it truly first purchase by the prime contractor starts the 60 day clock?
Also how about a future situation of a prime contractor doing a job for under $150,000, do we automatically have rights against the bond or have to file a preliminary notice in that case?
Thanks for any information you can give me....Read More
A contractor, Pete Weisbeck, built a house for me. He insisted on vinyl siding. I chose a siding with an excellent rating, (thicker, good reviews) from Menards. The home was built in a rural setting, 3 miles from town on 6.9 acres. The contractor began putting on the siding on the North side approx. July 1, 2020, continuing around the house, ending approx. July 31, 2020, on the West side. As he was putting the West side pieces on, the siding began buckling on the lap ends. The buckling has gotten worse, and has involved the South side as well. In August, I asked Pete about the siding because he had not said anything to me about the buckling. He noted that he had not done anything wrong. He wanted to wait until winter to see if it would straighten up. He completed the house sometime in mid September 2020.
I have a contract with a payment schedule which was paid religiously except for the last draw which I withheld because the siding is unacceptable. HIs cost to build the house was $163,977.00 and the last draw is $7911.98.
I read the Warranty which had a time limit and contacted the siding Warranty Company in Vermont and mailed all documents and samples of the siding. They are "unable to make a disposition on my claim" and are sending an Inspector. The Inspector cannot come until the week of March 8, 2021.
In the meantime, Pete sent me, by e-mail, an Intent to file Lien per Levelset on January 25, 2021. He has given me 20 days to pay the last draw or he will file the lien at the court house. He has not offered to help me resolve the siding issue, says he did nothing wrong, and wants his money. He is not willing to wait for the Inspector's review and decision....Read More
Public Project in Albany County , WY. We are drafting the preliminary notice. I have legal description and address, but what goes in the "Property Description" field? Also, who can sign the notice? Only the issuing contractor's representative, or can counsel for the subcontractor sign the notice?...Read More
The owner is building a new home and is running the project. I was hired by the owner to do do work on a swimming pool and spa at the house that was not completed by a another company. I have sent an invoice for labor and materials used and owner has told me he has no plans of paying. I am still owed for more labor and materials that I have not sent but I am getting ready to send tomorrow. I have been in contact with the owner about payment and I had to threaten to stop working at project to get paid before. I due not have a contract with him but he knows my hourly rate from previous invoice. I also have hotel,gas receipts ect. to show dates I was there. I have a Pool and Spa business is in Big Sky Montana. I was called and asked by his assistant if I could work on this project in Jackson Hole Wyoming because previous contractor bailed. I have been dealing with owner ever since. He lives on property in guest house. He has made it clear verbally and in text messages has no plans to pay. With no contract can I still file a lien. Thanks William...Read More
Being a occupant in a mobile home with no certificate of occupancy. With no knowledge of till recently. And have put several hours of labor and funds into the mobile home. Can I obtain a mechanics lien since we are moving and owner refuses to reimburse for labor or materials?...Read More
I have a contract on a house where I did many upgrades. The man selling me the house is selling it trying to sell the house to someone else and did not notify me. I would like to file a mechanical lien to get back the money I paid to upgrade and repair the house. How do I do that? This man will not answer my phone calls or texts. He will not give me an email address and throws away mail. He is planning on quit claim deeding the house to a new tenant on Monday. He does not have a title to the house, so can he legally sell it to me or anyone else? Thank you...Read More
I have a personal promissory note (secured) that was signed by both parties. It was to cover past house pmts and then would be paid off in a 2 year period. ($11,903) It has now been 4 years and no payment. Everytime I asked for a payment and to get the note paid off, I was told that she had her income tax return coming and it would be mine towards the note. I have now found out that she is behind again and she has gotten her tax refund and spending the money. Can I file a mechanics lien for the note that is due to me? She put up her property as collateral in the note. I would be a second on the property behind her mortgage company....Read More