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Lien Deadlines Questions
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Lien Deadlines
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In the State of Ohio, if a Notice of Furnishing was never sent out, can we still secure lien rights?
Hi,
There is a job that we have not sent a Notice of Furnishing for in the state of Ohio (Was due 7 months ago). I'm reaching out to find out if we can still secure our lien rights by sending out a Notice of Intent, even though the Notice of Furnishing deadline has passed.
After reading about Ohio Lien Laws, I'm confused as I've read that for both public and private projects:
-Notice must be sent within 21 days
-Notice can be sent late
If you could please clarify the time period these notices can be sent in order to secure lien rights?
Thank you!
OhioMy grandmother got some damage from a storm in November 2020 and she called her Ins. comp. they came out and wrote an estimate. My uncle met a roofer sent him over to look at everything and he did and my grandfather passed away from covid January 3rd, We had been waiting for them to start work for two months already. they came on the 5th to finally pick shingle colors etc. I asked him did they have an quote or scope of work for her and he said they work off of the insurance comp. est. which was approx. 10,000( for notes and pricing est. this is a mobile home roof) so that the homeowner doesn't have to pay a ton of money out of pocket. My grandmother with all going on signed her shingle choice on order his name is on it but its only his first name it isnt even a signature. Well in March they still hadn't started this job and lied to us continuously. Well roof has been done and now there is an 0utstanding balance of about 7500 and they sent a claim of lein yesterday. I'm pretty sure they let that time run out already to even be able to file it noone has done any work here since approx mid march. Worse than all this they apparently don't think 90 yr old people can get on the roof and maybe she can't but her grandchildren can and we discovered the Solar powered pricing they used for the attic fans (I used to work in restoration and they use xactimate pricing program that i still have access too) 4 fans for 2100 well the fans on her roof i have photos and video are used empy metal shells for a fan but there is no fan no motor nothing but a hole and lot of moisture in her attic. There are lots of other things they have tried to pull but during all the chaos of losing our patriarch of the family, her husband of 65 years. I feel they are trying to take advantage of the situation claiming the long process was to give her time to grieve etc. and permits were holding up the work . She didnt ask for time she asked for a new roof and I got the permit nonsense cleared up in less than an hr. I haven't even told the company we opened the covers on their used rusted spray painted mock fans on the roof yet. I was trying to get further insight on what options we have either criminal and/or through civil court system. I have all of our conversations recorded with this comp. bc they have lied so many times. my name is Anne casteel my phone numer 308-385-8275 this is a claim in Florida.
FloridaAlready filed lein last year. Still hasn't gone to court
PennsylvaniaI am the contractor, work was completed mid February but the client has been making payments. They stopped making payments in early June.
TexasWe are a GC doing a private commercial job in MN. Currently, we require Conditional waivers from our subs with each payment application they submit. We are currently working with a lender who is adamant about us requiring Unconditionals from our subs after each payment and before subsequent payments. We have a bit more leverage with Conditionals as subs must turn it in with their payment application, and then we know when it becomes valid because we directly pay them. Additionally, our subs are safer and more willing to sign a Conditional vs an Unconditional. We have offered to provide the bank with the Conditionals and then confirm payment with a check register as proof that those subs have been paid, but the bank is determined to get the Unconditionals. We are concerned that if ONE sub does not turn in an unconditional waiver or is late, it will delay owner payment to us and thus delay payment to the rest of our subs.
The bank is concerned about, and our question is: Is a lender who records a mortgage after construction starts at risk (of the sub being in first position for a lien) for the duration of the project? Managing the lien waivers - does the type matter or not if the lender is in 2nd position for a lien and if they do matter, does being in 2nd position get absolved as of a certain date?
We usually don't encounter this issue, but post-covid, A LOT of banks are now asking us for extra waivers and paperwork and pushing back on our solutions to mitigate that paperwork, while still ensuring and proving that we are tracking waivers and paying our subs. Every bank has a different request, and usually, they are fine with getting the Conditionals and check register as proof, but this bank is really pushing back because they are concerned about being in this "2nd position" for a lien, and say the Unconditional will protect them from that. We are pretty confused and are not sure how to proceed here. Any guidance or proposed solutions would be greatly appreciated.
MinnesotaWe hired a contractor to replace our roof. They never finished the contract and the installation was not by trained labor that was contracted for. The installation is so bad that the entire roof needs to be replaced. After 1 ½ years of negotiating with the contractor, they have finally agreed to issue us a refund of our deposit and release us from the contract so that we can have another contractor reinstall our roof. Now we are concerned about the shingle manufacturer putting a lien on our property since they may not be paid if we receive our refund. How much time does the supplier have to place a lien after the product is delivered?
WisconsinI filed a Mechanics lien in Manhattan County on a commercial project back on December 20, 2019. I did not extend it prior to the 1 year anniversary. Am I still able to extend it, or file a new lien against the same company/dollar amount at this time?
New YorkI stopped work on a job April 15, 2021 due to accusations of faulty work. Contractor still owes me roughly $17,000 and doesn't seem to want to pay. He is also suing me for the work I had done. At this time my insurance is fighting the claim.
IndianaI did not take the preliminary steps to secure my lien rights and now we’re worried about not getting paid on a project… what are our options? What if a NOI or lien do not work?
ArizonaWe contracted with a fence builder to build our fence. We sent them $3992. with the balance due upon completion. It was supposed to be started the middle of June. I have called, emailed and went by their office. No one there, doors locked. What steps do I take to get our deposit back. This is Superior Fence in Cumming, GA.
Thankyou
Kathy Milstead
GeorgiaI turned in my application and certificate for my 10% retainage payment on March 16, 2021. I have emailed the general contract for updates on payment and the response is they are waiting on HUD to get funds released. What should I do now?
TexasWe filed a lien in September 2020 and wanted to know if we can renew sooner than the (1) year is up?
New YorkOur customer has been difficult to work with and has now sent us a list of back charges which are not substantiated. According to Levelset our lien rights expired as of 6/29. Our last work on site was 4/15. Is there anything we can do to restore our lien rights?
OhioThe filling deadline to file a mechanics lien has past on some client's accounts and payment still has not been received. What are my next legal options to get payment from these clients?
TexasI filed a lien on april 11, 2021 then filed a cross complaint on June 16, 2021. Is my lien still valid?
California