I am a General Residential Contractor in Rockport Texas who had sucessfully completed a large 2 story remodel and large room addition and was not paid. Nearly $40,000.00 Then a 2nd homeowner refused to give me my 2nd of 3 Checks that the Morgage company had mailed them for me, $18,600.00 already earned. It cost me my buisness and I lost everything due to non payment...Read More
My client sent my money to a fraudulent company. Total was $97,772. This was in early 2020. They still have not paid us, though the owner, GC etc paid them. The money came out of their bank account and they claim they don't have coverage for fraudulent activity. ...Read More
I did a job for a General contractor it was two buildouts, this company is slow to pay I’m told. Invoice was sent 1/24/22 I have sent numerous emails and reminders, no response. What should my next step be, and should I wait until it’s been longer? Thank you ...Read More
Hi , Thanks we need or looking for a lien to put on the default parties home for a promissory note that hasn't been paid in 2 years do you have lien language in a document relating to a promissory note not paid and we can then place a lien on their home or business in the state of Arkansas that is not related to construction, materials etc.... or is this for construction only -- advise Dr Tony...Read More
If I purchase a home using hard money. My business loans me money for renovation costs. The intent for me to refinance with conventional funding on completion. Can my business file a lien on the property to assure reimbursement of the renovation loan at the time of refinancing?...Read More
Our company has worked with one GC on two different projects. One project was an outdoor project in which the GC demanded that we use a material that we knew was unsuitable for outdoor use and advised them against it because we knew there would be future issues. We have gone back on 3 occasions to fix this project but still, more work is needed long-term due to their misstep. We simultaneously completed a second project with the same GC, to the homeowner's satisfaction and now the GC is withholding payment for the completed job until we repair the other project. We have assured the GC that we would happily assist with the other project once we receive payment for the job we completed but they are still refusing to pay us. Do we have any recourse in the situation? Please note that a preliminary notice was not sent. ...Read More
We were notified by a factoring company that a subcontractor had factored an invoice we owed the subcontractor. The payment terms were with in our payment policy period. The subcontractor took the funds from the factoring company and did not pay his suppliers or his subcontractors. We are now getting demand letters for the factoring company to pay the invoice however we are not paying them but using the mobey to pay the outstanding invoices the subcontractor owes. Do I have to pay the factoring company or offest the payments from what the subs owes?...Read More
I'm a general contractor who provides tree services to my customers. I was contracted by the occupant/owner (at least he said he owned the property and residence) of a residence located in St. Louis county, MO. After completing 90% of the job the occupant/owner sent a text message telling me not to come back and that he had moved the Bobcat I had rented to complete his job from his backyard out into the street in front of his residence and that I had better hurry if I wanted to retrieve said property. He also kept my climbing rope and carabineer as I had left them on the base of the tree I was planning on dropping that day (the day he sent the text telling me not to come back). He knew going into the job that it was a $3,500 contract of which he paid $200 cash on day 2 of the job. The day he said not to return would have been day 4 (and the final day) of the job. He will not acknowledge any invoices and ignores all attempts to call/speak with him. Since he refuses to communicate I began the process of putting a lien on his property during which I discovered he is not the owner of the property, his sister is. I am unsure how this effects my right to file a lien. So, can I put a lien on the property despite the fact that my contract was with the occupant, not the owner? And if I can, what do I need to do and how do I do it? If I can't put a lien on the property since the contract was made with the occupant not the owner what recourse do I have? Is there anything I can do to try to get him to honor our contract and pay his bill? ...Read More
Hope you are doing well.
My question is as following :
1) Client has awarded us 100 $ worth of a job.
2) Client wants to open LC for 15% of the said job and "Claims" it can be re-utilized again and again as progressive milestones are achieved on monthly basis.
3) What kind of surety or clauses should be mentioned in the LC draft which secure and guarantee 100% of the project payment without any suprises mid way during construction or cancellations of LC by client during the job ongoing or to avoid delays in securing timely payments??
Thank you....Read More
1. Do not release any utilities in the contractors name until payment in full
2. Do not release any Elevation Certificates or Affidavits
3. File a lien for the full amount of the contract before work began.
4. Complete a Certificate of Substantial Completion after all your work is 100% complete.
5. File a Force Foreclosure lawsuit....Read More
I am a general contractor that has completed work ( installed new ducting ) and the customer has refused to pay. I sent a certified letter stating that the account will be sent to collections, upon receipt customer called and threatened to complain on all formats of ratings as well as the BBB if we send to collections. Sent it to collections and customer offered very minimal payment with requirements of lien waivers for his property as well as all the places he contracted our services for which exceeded $12,000. Customer offered $2000. Collections advised us to sue our former customer. I have truck tracking and signatures approving the work as well. The job was completed 08/2021 but we have been in contact with this customer throughout the past year inquiring about payment. What are my legal options?...Read More
I hired a company to do concrete work, They did not finish the job and said they would refund my money but have not paid me my money. It's been over a month. I have all the text messages and emails, also a voicemail from them....Read More