I am about to send a NOI to one of our customer and I see that I have to send that 20 days before filing a lien. When does that 20 days begin? Is it when it is sent or received? ...Read More
A customer requested service, and purchased a camera from us. We helped with the installation of a large pole, and mounted the camera to the top of it. The work was completed in May of 2019, but was just closed and billed in October of 2019 due to trying to contact the customer for further work he wanted done, and the number eventually being disconnected.
They now have a $4,000 invoice that is going to be going to collections. We only file preliminary liens on jobs that come from our salesmen over $10,000. Where this was a service call, no preliminary lien would've been filed, are we able to take any action on this property? ...Read More
Good morning I was just on the phone with one of your companies reps and was advised to consult with someone first before I moved forward with the Notice of Intent to file a Lien.
This is rather a complicated situation and before I proceed with the document I need know what company to place as the claimant, if this situation winds up in court I want to make sure we have all our "i's" dotted correctly.
My husband has a Real Estate Holding LLC "WX2", in which WX2 was in contract to purchase a building, my husband is also a General Contractor, Wimmer Construction.
My husband and I performed all the work within this building but before we started any work on the property we set up a contract with the property owner agreeing to sell it to us for set amount based on the value BEFORE any work had been done. The property owner provided a minimal construction loan which did not cover the entire cost of the work that needed to done within the building and we agreed to finish the building for the low purchase and pay back of the construction loan, no labor cost were included with the construction loan as well.
So now, building is near completion, we provided our loan commitment to the property owner that included the construction loan with the agreed contract price. The seller has refused to sign the purchase agreement and now wanted more money for the building that we've almost completed construction in.
We wish to file a lien for the work that has been performed by us, but we not sure who the claimant should be? Should we file it as WX2, LLC because that's how the contract is written up. Or, since my husband performed the work and he's technically a GC, even though this was personal project does he include Wimmer Construction with WX2 or just him individually with WX2?...Read More
We are a trucking company that subcontracted to a general contractor who is now being liquidated by the bank. We hauled dirt etc. to different oil well pad sites for several different land owners. Would we put a lien against the general contractor,or the oil well company, and what type of lien...Read More
I have a boat in Washington state that I'm having restored. I went through a person out there to do the contracting with wooden boat builders from that area. The boat in question is a 42 foot twin masted ketch so it's fairly large. We're moving the boat from the property it's been stored on and have paid that property owner for the space and his time. Another person who has no business relationship to me or the boat wants to put a lien on it to satisfy monies they feel they are owed from a previous job that the contractor had. Can this happen or is it totally unrelated?...Read More
If a job started over a month ago and we missed our deadline to send the preliminary notice, but we want to protect the work done for a later invoice that is within our preliminary notice deadline, can we send a preliminary notice to protect the work done for that invoice specifically? Even if it is the same project and has the same project number? We are a GC for a project in Wyoming....Read More
Our company provides environmental consulting. We currently have a project/client that we would like to protect ourselves with a lien. However, we are unsure if we would be able to. The location of the project is in Wyoming/Sheridan, Gillette, and Douglas. The type of service on this project is environmental surveys. A little bit of permitting, but as of now it has been vegetation, wetland, and cultural resource surveys. Would we qualify?...Read More
We had a project that ended for us a year ago. We have been hounding the contractor monthly and weekly for our retention. They supposedly had issues with the owner which held things up. It is very rare that we have ever received our retention in less than 5 or 6 months, so by reading the law it seems we would need to figure the cost of a lien in our bid and file it as soon as we are done with our project. And that will eventually inhibit our ability to get jobs. What is the solution to this?...Read More
In new home construction, I typically do work during the rough building of the home and then again when its time to finish the house. Usually I bill 80% after the rough and the remaining after the finish. Should I be sending 2 preliminary notices and intent to liens or how exactly should I be doing this? What if the house takes longer than 120 days to finish? If I've been paid for the rough and the 120 days passes, how would I go about filling for the trim?...Read More
We and the Company contracted to do the work are located in Colorado but the jobsite is in Wyoming which Lien laws must I follow.
To answer the next question "Select state where situation occured" is a grey area because the work was performed in Wyoming but everything else ie: being hired, sending invoicing, etc. has all been in Colorado but I am pretty sure the property location is going to dictate what happens from here....Read More
I work in the Accounting Department of a construction company doing business in California and Wyoming. I see that all unconditional lien waivers must be notarized....Read More
I do new construction work. After completing the first portion of my work, I send an invoice for 80%. When the house is nearly finished and just about ready to close, I do my remaining work and submit an invoice for the 20%. Within a week, the house is closed and I may or may not get the remaining balance. The time frame is so short, that if I file lien, I may still have to wait until if/when the new owners ever sell. How can I make sure the tittle company is aware of my balance in enough time to be paid before closing?...Read More
Subcontractor we've worked with for a couple months--all was well until last period they failed to perform on our project in Wyoming. They were set up on automatic payments due to past performance & subsequently were paid in duplicate.
They have gone dark after they were paid for the month of January they performed no work in. Can I seek a lien in the amount to encourage communication and or return of the overpayment? Sum isn't really great enough to take to court and subcontractor lives out of state.
Thanks for your help in advance....Read More