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Originally I was working a $40,000 contract on the basis of a proposal only...i completed ones section of project (about $20,000) as requested by owner/general...then came back 3 months later to complete(Sept 2017 ... I was uncomfortable not working with a contract and so secured a contract for the remaining work and at that time issued a prelim.( Jul 2017)....
Now 5 months later they are finally ready for me and I need to complete the contract ...mainly extra charges for repairs and to complete a some details I was unable to complete due to other trades not being complete.
So, I just wanted to check that the prelim. I filed in July 2017 is valid (doesnt make sense that it would not be)
Then when I finish the work in the next month or so that I have 90 days to file a lien...Is all that correct?
CaliforniaBeen 45 days since GC paid invoice, they say its in my contract stating pay when paid from owner. SO they wont pay till they get paid. Is this Legal in CA?
Californiacontractor did faulty work resulting in a +$1M loss
what are the legal remedies
HawaiiWe are a steel fabricator who hired a steel erector and is attempting to file a lien on extra work for which he does not have a change order or written authorization. Is this legal?
Texascost plus contract late and incomplete payments, now no payments on billing,how is the lien set up on a cost plus deal, also This bank always bonds around the liens. how do we protect against this
ColoradoHi. My name and mauricio abrego.
I only have one question. When a subcontractor sign a contract with the prime contractor does the prime contractor has the 3 days right to cancel with a subcontractor? Or it is only between the prime and the buyer?
CaliforniaSingle Family Home in NY, Sentricon Termite bate system was installed by last owner with 1 year contract, Contract states that the bait system remains the property of Sentricon.
The house is sold 3 months later, New owner never signed any contract with the pest control company.
9 months after sale the Pest control company asks for renewal fee for the contract or removal of the bait system. The new owner does not allow them on the property to remove the bait system and refuses to renew a contract that was not signed by him.
Can the pest control company put a lien on this house now?
New YorkI have a contract in Florida with a paragraph waiving my right to any liens. The following section directs that subcontracts impose the same on our subcontractors I recall an article you stated to be wary of such inputs and illegal in some states. Is it legal in Florida. Should such language be stricken in all contracts?
FloridaJob is on a military base so definitely Federal. Does Federal PPA auto-apply? Also, what if state law says that interpretation of agreement according to laws of another jurisdiction is unenforceable as against public policy.
LouisianaI refinished a hardwood floor job--hired by one woman, and her partner was out of town. She returned and did not like the job that I did. I offered to fix the job, and quickly realized how unreasonable she is, and am choosing to refund her money.
If she cashes the check, does that make the business dealings between us final.
CaliforniaWe are at the end of a home remodeling project, and have paid partial amounts along the way. We received our final invoice and it includes change orders that were not at the price given by the contractor. It also includes a 4 month old bill for HVAC subcontractor stating that it is a change order, and that we owe it (plus the contractor's 20%). Our contract states these changes must be agreed in writing by both parties. There is no communication regarding this bill or that it wasn't part of the original contract.
I told him we disagreed with these items, and included his e-mails with the original $ amount for the approved change orders. I said we felt the HVAC was not a change order, and was part of original contract. I then said how much I agreed to pay. He replied that he disagrees and full payment is due otherwise no more work will be done (a minimal amount it left).
Today, I received a prelim 20 day notice (that he mailed before he sent our final invoice). I'm worried he can file a mechanic's lien even though he seems to be breaching his own contract. I had given him a partial payment of $5000 instead of $9700. After my calculations, I feel I owe him another $1000 or so. I'm not sure what to do next?
ArizonaI was subcontracted through a contractor to provide commercial goods and installation on a commercial job site. The contractor was paid an advance by the owner and then fired for excessively marking up the invoice.
Can I file a lien in Texas if the contractor has been paid by the owner? if not what are my options?
TexasWe did some work for a homeowner after Hurricane Harvey. We were originally working with another contractor but he backed out so we did the work ourselves. The homeowner is well aware which contractor did the work on her home. The problem is she does not want to pay and the contract that was signed is from the original contractor. The invoice and the notice of intent was sent by our company but I was getting ready to file the lien and wanted to attach the contract and realized we never had her sign one for our company to replace that one. What should I do?
TexasWe manufacture pumps and accessories. We have a Distributor who is purchasing material to be used at a Super Fund site. I am not certain who he is selling to ( another contractor or the owner) - but the pumps will be incorporated into skids to be used for remediation purposes. It is in NJ. How can I protect my receivable in this situation?
New JerseyA company enters into a contract with a contractor for construction projects outside California, in other states. The parties in the contract's choice of law clause provides that California law governs. For prompt payment, will California courts then apply California's prompt payment law or will California's prompt payment laws not apply because no construction was done in California, only in other states?
California