We completed a project more than 150 days ago. We were approved for a change order for additional work by the General Contractor in writing. The General Contractor is refusing to pay us because the project Owner is refusing to pay them for our and other subcontractor change orders. We were just informed of the project Owner refusing to pay. Up til this point we were told that all parties were working on it and that payment was expected to be made. I understand that the State of Wyoming requires that the mechanics lien be filed within 150 days from last working on the project. This date passed before we were notified about the Owner refusing to pay. I spoke with a different general contractor and they think that because we were told that we would be paid up until after the 150 days expired, that the 150 days to file a lien should start essentially now. What are your thoughts?...Read More
We are a subcontractor company, we entered into a contract with another Sub to provide Material only. We have invoiced for all of product, though we still have some on site that has not been delivered. We have invoices going back to August 2022 through January 2023 that are unpaid. The one time I was able to get them on the phone, he informed that he did get paid by the owner and payment would be sent. He has since stopped responding. Because this is a product only contract, do we still have lien rights? If we do, do we send the intent to lien to our customer as well as the owner?...Read More
I recieved paperwork from the homeowners lawfirm and Levelset is included in the lawsuit. I rent out telehandlers for construction projects. July 2022 I rented a telehandler to a subcontractor who was doing a job in Wyoming, on a residents house. The homeowner was footing the bill for the rental. The homeowner ended up paying for Transportation from Idaho to Wyoming and three days rental. The telehandler was needed an extra day and transportation back to Idaho. The homeowner told the subcontractor he was not paying for that. In short, the subcontractor, nor the homeowner have paid me. I sent an intent to lien to the homeowner, since my equipment was used on his project, and then sent a lien to the homeowner. The intent to lien never made it to the homeowner, but he has received the lien. I now have papers from his lawyer stating, the lien needs to be removed because the homeowner never received an intent to lien. Also, I am over my 120 day window to lien because I am a materialsman, so 120 days is all I get to send a lien. When talking to a representative of Levelset, I was told that an intent to lien does not need to be sent. Then, just today, talking with another representative of level set, I am told there is another form that should have been sent prior to the intent to lien. I need to figure out where I stand legally? Do I drop the lien and go about getting my money another route? Or keep the lien in place?...Read More
I'm trying to find the legal authority to cite in my case that my client has escalated to applette court after I won a small claims judgment hands down. Her fit is continued with her still demanding receipts from a rental truck that we were under contract to rent for the purpose of the project. She has demanded my modest 19% mark up is theft. But it was well within the first agreed pric and did not exceed the contract amount in any way. I know that I don't need to provide or disclose my materials cost s to her. I know that is not a legally valid arguement but I'm having a hard time finding the exact laws to cite in my brief. That govern independent contract and contractors laws....Read More
Is the due date of the intent to lien the last day we can send it out or the last day they can receive the notice? We sent out the preliminary notice to the owner in Wyoming at the beginning of December. It was both emailed to the home owner and mailed. I want to make sure we file the notice of intent at the right moment so we don't miss out....Read More
We are in the process of trying to file a lien on a house owner that is refusing to pay us for the work we have completed. We filed the preliminary notice over a month ago and it keeps getting sent back because there is no authorized recipient available. We are not sure what to do. Does anyone have any suggestions on what steps to take next?...Read More
I’m a subcontractor working on a residential owner-occupied project. I finished my work on the job last month but haven’t gotten paid – and my customer isn’t returning my calls. What should I do?...Read More
I was a GC on a project with a real estate agent in Wyoming. On that project I am owed around $40,000. I also was involved with this person on a fix and flip project as well. My recently deceased sister and her husband were partners with me, and we put approx. 35k each into the project and this person was part was to finance the purchase and cover utilities. after a failed sales attempt they took it off the market rented it out and said to bad, your out your investment. I also rent the current residence from the same person today i was told if i didnt sign a lien waiver they would start eviction proceedings Please advise...Read More
My wife and I hired my brother in law to build our house. The construction loan was in my name, and he was supposed to act as the general contractor. We started the process in September of 2021 and the contract says the house would be completed in March of 2022 and would cost close to $310,000. We signed to close on October 18th 2022 and our construction loan was $395,000. At one point he turned over completion of our house to our framer, he didn't even finish. We were so far over budget that we had to complete several jobs (hanging cabinets, floors, trim, hanging doors, painting interior and exterior) by ourselves because we simply couldn't afford to hire experts to do the work. Since then we have had to have some of the HVAC replaced because it was not done correctly the first time. The information to complete it correctly was found in the manual of the furnace, so I feel it should have been completed correctly and I didn't feel we should have to pay a third party company to fix the problem since our contract mentions a warranty. When I brought this up to our contractor, he threatened to contact the adoption agency we are with and said he would tell them we were unfit parents and also loosely hinted at putting a lien against us, even though we have paid everyone.
I want to know what I can do to investigate if money was stolen from me and what type of attorney I need to get in touch with. I know parts would be ordered for our house, and he would tell his subcontractors to use them on other houses and to wait until a replacement came in to complete our house. There are also (in my opinion) very vague invoices (literally with will just say "roofing- $14,000" (not exact number, this is just an example)) and I think there was money spent from my loan to go to other houses. This is my speculation, but I also think there a basis for it since our original quote was $310,000 for a completed house, we spent $395,000 for a house that wasn't completed, and he was very quick to point out that our loan could go as high as $450,000 if we wanted it to.
Any help or leads for what kind of attorney to talk to would be great. ...Read More
There's a lot to it but in short I did the job of delivering this woman her property from another state and she has outright refuse to pay me anything. I've got all my proof together and all my exhibits 1 through 20 laid out but I need to write an affidavit and I'm not sure what goes in the affidavit is the affidavit my account of the facts that have already occurred or is it my side of the story in detail? Is the affidavit my claim as to what the defendant owes me and why or is it just the simple fact of I completed the job on the state of this time for this person and this person has refused me payment. Or is it in depth facts listed by chronological order and dates and times of the occurrence itself...Read More