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We are in a bit of a tricky situation with our first filed lien. Our client is now asking us to sign lien waivers and split 3rd party payment agreements that specifically are stating that no liens have been placed to our knowledge, but there have been and they know this. The only alternative suggestion they stated is for us to remove the lien, have it signed by a county clerk in order for us to get paid. They are stating that they won't pay until its removed or the paperwork is signed and that IF something happens we should just refile a new lien. ...Read More
I supplied and installed materials on a commercial project. The GC withheld major portions of monthly payments or didn't pay at all. I was unable to pay my workers and vendors. Then the GC excessively back charged my contract for work I could or would not perform due to an unachievable expidited schedule due to the GC poor coordination and management. The GC demanded that I put a large unsatiable work force to meet the expidited schedule with the promise of payment then didn't pay. The GC said that the owner was slow in payment. How do I fight the excessive back charges and collect monies due to my workers, vendors and collect for outstanding extras and change orders?...Read More
Hello, I completed a job for a client who used a 203k loan through Loan Depot. I was paid half upfront. After we finished bathroom the client signed a certificate of completion. As a condition of getting the rest of my money I had to sign a lien waiver. After checking the portal and seeing that 97% of the work was marked complete I signed away my lien rights. Immediately afterwards I received a notice from the client saying that we were being fired for not completing the job. The client will not allow my crew to assess what she claims are unfinished items even though I offered to correct whatever she felt was wrong. She decided to take it to arbitration. Her case was dismissed with prejudice. I made a mistake by not filing a counterclaim and the bank still will it release the funds. It’s been 8 months since we completed the job. The outstanding amount is around 6k. I was willing to settle for 5k. Do I have any options to collect? The check is a double signature check and the job is located in Illinois....Read More
I am a subcontractor who worked on a project doing some cleaning work for a general contractor that never paid me and they won't answer their phone or respond to any communication. I've filed liens and still no response. I'm looking to escalate the case now, am I able to file lawsuit even though I only have a signed work order from the site supervisor for the work we performed? Can I also include the owner of the property in that lawsuit as well since they did not respond to my requests for payment either?...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 had a furnace replaced. It was like pulling teeth to get them to pull a permit but they finally did. They are now pressuring me to sign the certificate of completion without the final inspection signed out. What am I to do?...Read More
There was damage done to my home. A construction company had me sign a contract that allowed him to accept money directly from the Mortgage company. The company took 2 years to due the project and its still not done. In the middle of construction the Mortgage company issued a check with my name and the Contractor's name on it. The Contractor died. His company filed for Chapter 11.
What are my rights to get that check endorsed by the Bankruptcy Trustee and given to me to finish my house? It is my understanding that if there is a Mechanic's lien against the property that the money is NOT part of the bankruptcy estate and that the Trustee can simply endorse the check on behalf of the Construction company. What if there is not a mechanic's lien on the property? Does the check become part of the chapter 11 filing, and my insurance money is just mixed in with all of the other Chapter 11 unsecured creditors? Can I at least be given Priority status as a creditor? This is taking place in NJ Bankruptcy Court under chapter 11 . Can I file against his bond company? I read that I might be able to give a 30 day notice to the Construction company to force them to file a mechanics lien, is that true?
Any information would be very helpful. ...Read More
I'm a restoration contractor who completed work about 3 months ago for a homeowner. The homeowner's insurance adjuster took about 45 days to respond and issue our payment. We then sent the check to the homeowner to endorse but he is now refusing to pay. Can a lien be filed or do we have to pursue our payment in court?...Read More
The General Contractor is saying that since they received a NTC from one of our supplier's by law they have to issue a joint check to us and that supplier for the amount the supplier has listed on the interim waiver. Is this correct for Georgia projects? ...Read More
We've historically cut joint checks for any conditional waivers that a subcontractor provides for its sub-tier subcontractors/suppliers in a given billing period. We currently collect a list of sub-tier subs/suppliers at the beginning of a project and add to the list as they become known to us (typically via preliminary notices or notification by our field personnel). Through the rise of waiver/payment services such as Levelset, I've been introduced to the concept of a sworn statement document being provided by the subcontractor each billing period to capture the amounts owed to sub-tier subs/suppliers.
Joint checks have always been a point of contention with subcontractors and they also create difficulties with the move towards utilizing electronic payment methods. Add in the reduced security in recent years with the increase in ATM and mobile deposit use (we've had subcontractors mobile deposit a joint check directly into their own account with no issue) and it just seems like there needs to be a better way.
How well does collecting sworn statements each period, backed up by waivers from each listed sub-tier sub/supplier, protect us? Compared to the use of joint checks? We primarily operate in Arizona.
Thank you....Read More
What happens if you go over the joint check agreement amount and sign a final waiver from the gc on the joint check amount. If you file the lien is it still valid for the reminding monies on that job or since you have passed the joint check amount is it not valid. Call me if you have any questions.
We always request a joint check agreement on our jobs with Hawaii contractors. Normally we have a general, sub, & supplier (our company) and have a JCA between the 3 of us. If we are just working under the general, can we still have a JCA and it would be between the owner, general, and our company?...Read More
I have a question regarding the "joint check rule" I have a customer that owes me $109K for invoices from October-December. They are sending me a Joint check for $54k to cover October invoices. If I deposit the check do I waive my rights to file a lien if I do not receive payment for Nov. and Dec. Invoices...Read More