We provided consulting and design services for a project in California and we haven't gotten paid. Construction is about to get started. We've already filed a Notice of Intent to File a Lien. What is our next step? ...Read More
Scenario: Architect designs plans for a townhome development. He charges a 1/2 to get started, and the remaining once the plans are done and stamped. The client doesn't receive the plans until they pay. This townhome development being funded by an individual investor plans to build 35 units. To keep his costs low the investor pays for chunks of the plans at one time and builds them as he goes. The architect has given him the first chunk of the plans, but since they are townhomes they are similar enough that the investor has just reused the same chunk to build all the units. How do you file a lien in this situation when the construction has already started?...Read More
We have a client who has a number of small odd jobs on their home and really just wants an architect to review (maybe occasionally provide a drawing or sketch) and wants to hire us on an hourly basis. However, without defined scope, it is difficult to specify what construction documents or details will be provided and what we will be held responsible for.
Any thoughts or suggestions?...Read More
Hello we selected an architect to design our house and provide floor plans. However, since initially working with the architect he has not provided any design feedback or helped us on designing. He has asked us to provide for him exactly what we want for him to draw. The contract for this project was sent via paypal to us and was not signed by either party at any point of the process. He never provided us via email the contract as well. The contract is laid out with payments through out the process (deposit, 50% of project when working on floor plans, 40% once plans are sent to engineering, 10% at construction documents). The contract does not have any clauses about cancelling the contract. We have paid him through deposit and 50% of project, however decided to go our separate ways prior to the 3rd installment. He is now requesting we pay him the 3rd installment even though plans were not ready to be sent to engineering and did not include all the changes we were asking. He is stating because a plan was ready for engineering that he wants to get paid before making changes. He is now threatening to put a lien on the real estate, can he do that? ...Read More
ATPAI needs to file a lien on a project that has multiple locations. How do I pin point an address when it is running through multiple cities in public right-of- way. We want to lien the project not a specific location....Read More
I have been doing freelance work for a company. I have a full-time job, and I do freelance graphic design work on the side. I signed a new contract with a design company in October, 2019 to do work on an hourly basis, as needed. In their contract, it says this for payment.
"FEE. For services to be rendered under this Agreement, Contractor shall be entitled to a fee according to the fee schedule set forth on Exhibit "A" which is attached hereto and made a part hereof. Said fee schedule may be amended from time to time by KSA&D sending notice of such amendment to Contractor at the address of Contractor set forth in Section 12 below and Contractor agrees to accept such amendment unless Contractor notifies KSA&D in writing within three (3) days after receipt of such amendment. All such amendments shall be effective immediately upon receipt unless otherwise noted by KSA&D or objected to by Contractor. Said fees shall be payable in monthly installments for services rendered in the prior month. Contractor shall submit invoices for all fees due under this Agreement."
I started work the first week of November and sent an invoice in December. I then did more work in December and sent another invoice in January. I have not received any form of payment thus far and they keep saying they will send it, but they never do. It is now February, and they have not paid me for November yet. I haven't received one cent. My outstanding invoices for them total $1575.00
What can I do? Can I charge interest? How much? If I have to go to court, will I most likely win? I kept all correspondence from them and there have been no issues mentioned, so I know that my work is fine. I followed up repeatedly to make sure they had everything from me, and to get their input. They are just screwing me around with payment....Read More
We received a retainer based on our contract. We completed the project, billed the client, but the client refused to pay the bill, offered less. During a two month time where they would not answer my emails or texts, except a very briefly and inadequately, I learned that they did not ever sign my original contract. The original contract states that payment of the retainer is acceptance of the contract in entirety.
At this point, we're at stalemate. They are not talking. No permit has been applied for that I know of. They owe a few thousand for the design work....Read More
Hello, We are condo owners in museum park. We hired a design company and their recommended contractor to renovate our bathroom. It is 6 months since demolition and we cannot complete the project due to a bad design, inaccurate measures etc. The original contractor has pulled out of the project completely and the design company does not want to take accountability or help fix the problem. We cannot afford to renovate the bathroom again. I do have the contract with the designers, the original contractor never provided us with a formal contract even though they told us he would. We don't want to spend money on lawsuits but If it is a way to reclaim losses and complete the project, we would be grateful. Thank you for your time
Tatiana + Terry Doyle...Read More
The developer received the permit from my drawings, and the single family residence is under construction. He is a year and a half late on satisfying an invoice for changes to the design. He paid half of the invoice, and still needs to pay the other half. I did not agree to him paying half the invoice, and he has been saying he will pay me. I am a registered architect in the state of Florida. I am out of ideas on what I have at my disposal to remedy this situation. Thank you Mark...Read More
We have two design-build contracts with a client for the same property, and in our contract there is a termination clause that states if the contract is terminated by the owner for their convenience it would be subject to a 30% termination fee of the remaining balance after the fees due for work executed have been paid. Days after one of the plans got approved, Client contacted us requesting termination and stating that the property had been sold. We can not find any information online and do not know if the property is in escrow or what stage it is in. On Saturday 9/4/21 we filed an expedited mechanics with Level Set. I have four questions:
1) Can termination fees be included in mechanic's liens?
2)The design-build contracts name our engineering company (DMR Team, Inc.) as the engineer and our construction company (Procon Builders, Inc.) as the contractor. I filed the entire amount due (work+termination fee) for both companies and both contracts under one lien. Is this correct?
3)Should we be filing a lien, injunction, both, or something else? There are also also mediation and arbitration clauses in both contracts.
4) Should we also provide client with a conditional lien waiver for the amount due?...Read More
Hi. The information on the site is helpful but it’s confusing. The site says designers have the same rights as contractors and if they are hired directly they are considered dp’s. Yet, in all the questions regarding interior designers, the answers seem to be that the courts do not recognize designers rights to lien. So which one is it?
If a designer has been part of the construction of a home. Providing advice and details for the homeowners contractor, ie. base molding details, floor stain colors, hardware specifications etc. these are all permanent changes to the home.
If a designer provides project management services for a project involving sanding and staining of wood flooring in a home, replacing flooring, etc. wouldn’t that be considered lienable?
Interior designers do more that just place furniture and advise on paint colors.
Where do the courts stand on that? Why does the site provide information saying design professionals have the same rights, but then it’s refuted? Have there been any cases involving designer successfully filing liens in NY?
We are an engineering firm, looking to file a Design Lien. I am having trouble finding the actual form for one. Are they the same form as the Mechanic's Lien. Also, I have read that these can only be filed on private projects only. We are looking to file one with a home builder company. Is this something we can do, or does it have to be a Mechanic's Lien. This is very new to us. I am very familiar with the Mechanic Lien side of contracting, but this is slightly different. Any help is greatly appreciated. ...Read More
I have a logistics company and I want to run ads on the Internet and on TV. What kind of ads would be suitable for this? I can't imagine what the video should be about in order to attract clients....Read More