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Lien Deadlines Questions
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Lien Deadlines
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Can I file a LIEN in Massachusetts without sending an intent before? Your website says that the intent of lien is not required by law, but I just want to make sure - an attorney said it is required. And what is the real due date to file a lien - 90 or 120 days?
MassachusettsHello, my company is having trouble collecting on a 5 month past due account in the amount of $90,171.66. We have made multiple attempts trying to call the owner and several different other people that pertain to this project, but as of yet no response. We have not sent any prerequisite documents (Conditional Waiver or Prelim) but do need to move further with this account. It has been 5 months past due, we are aware that we have way passed the 20 day Prelim deadline, would my company still be able to file a Preliminary Notice for this project? if not, how would we be able to go about securing our mechanic lien rights?
CaliforniaI'm a subcontractor and my question is on my contract it states the job was to be completed in January, however, due to changes orders and project delay, the project did not finish until February. We sent out the change order with a due date of March 22. I have a claim of lien coming up, do I stick with the regular contact date or update it to the invoice date?
TexasA mechanic's lien was filed 9/15/2020 in the state of California. I did not know that I needed to have an attorney enforce the lien with 90 days of filing. What can we do at this point to push for payment? Does the mechanics lien hold value still without enforcing it with an attorney?
California filed an intent to lien at the beginning of March for a property in Pennsylvania. I overlooked the reminder email that I had until 4/20 to file as the last date of service was 10/20/20. We are a small business that installs elevators and wheelchair lifts and ramps. The VA paid the contractor but the contractor never passed along the payment. The unit was installed and we never received final payment.
PennsylvaniaI'm a material supplier and we delivered our last piece of material on 9/23/20. We have not been paid, and need to know if we have a right to lien the project, it has been over 6 months. Or does the 6 month clock start when the GC issues a jobsite completion notice? What if we did not receive a completion notice? There has been an 83k lien against this property by someone else. We are located in CA, jobsite was in PA.
PennsylvaniaI'm the material supplier to one sub-contractor who installs our product for one general contractor.
I got a bad feeling about one of our clients, and have verified all the invoices from February in the system.
It's one customer with over 3 dozen invoices, but only 3 General Contractors.
Can I lump the multiple invoices to each of the three respective general contractors ? These are for new home sales, and I'm not sure if someone even purchased this homes in the past 2 months - should I just blanket send each invoice to each of the homes as well ?
TexasI hired a general contractor in August of 2020 to complete a kitchen remodel. We added on about $5,000 worth of stuff and removed $1,000 worth of stuff with those add ins. The contract was never written to update with the add ons or pricing... The work was mostly completed, but not in full (there’s still sealing, a few trim pieces and some electrical outlets that need covers in the back of cabinets). We paid the initial $1k deposit and the first 2 payments after that as well as an additional payment of $3k that he requested because of our add ons (needed in order to pay staff). In October he sent a final invoice via email- we had a verbal conversation (last time I saw him) of work that still needed to be done before we would pay the final invoice and that I had questions about pricing. The last time I saw his employee was 11/9/2020 when he was doing some of the work that still need to be completed. I had a cashiers check ready - because I thought he would have finished work that day and I could pay him in full. He never returned calls (had 2 calls with voicemails in November). Haven’t heard from him since (over 5 months now). He has finished work for other friends and mentioned to them, no I’m not finishing their (my) job. Does he have recourse for a mechanics lien or do we have recourse to cancel the contract and no longer pay? Do we need to show proof of hiring someone else to finish the job to offset the cost of what we owe? At what point are we relieved of obligation to his contract if he doesn’t respond to calls? I would like to finish this job and be done and am willing to pay, but only if the job is complete. Also, his contract states that the final 30% payment is due and if unpaid will accrue interest at 1.5% of the balance beginning 30 days after installation. The final balance is due at time of completion by the contractor. Since he hasn’t ‘completed’ the job- no interest can accrue until he does, right?
CaliforniaWe had new windows installed on June 18th 2020. The job was never completed as they didn't have enough material and the windows were not to contract size as well as installed backwards and upside down. the job stopped on June 18th 2020. The owner of the company came out to look at the issues in August 2020. We have been in contact with the owner of the company since then and have not come to an agreement. A Preliminary lien was never placed or sent until last week March 2021. The lien was filed 3/24/2021. Is this valid? The Lien also leaves out my husbands information and only states me as the occupant of the home. Our job was financed and they never sent the finance company a payment demand.
CaliforniaAs a subcontractor hired by by a GC (who was hired by the property owner) labor and equipment was mobilized to a property in Gulf Shores, AL in response to Hurricane recovery in 2020. Equipment was brought on 9/22/2020 and the next day removed, as the GC was fired from the job. We had been advised that we could use our Invoice Date as Last Furnished dates. Due to the complexities of finalizing incurred and other costs during response to catastrophic events, the billing team worked and completed this invoice on 11/30/2020. Under the assumption that Invoice Date could be used as Last Furnished Date, and upon non-payment for services rendered from the GC, we filed a line on 3/30/2021 (4 months after the Invoice/Last Furnished Date). The property owner is disputing the validity of the lien based on the premise that our Last Furnished Date was 9/23/2020 (date the GC was fired from the job and labor and equipment was removed) and not 11/30/2020 (invoice date); and that the deadline for filing the lien has lapsed.
Can you please review the information and provide a recommendation as to the validity of the lien, as well on the practice of using Invoice Date as Last Furnished Date? Thank you.
AlabamaI have a customer that is not willing to pay his balance. I filed a mechanic lien on the property. He owes $900. My question is can I also sue for the cost of filing the lien and the time spent on trying to collect this debt? It will be a year next month. I have until then to file a small claims case against him if I understand the law correctly. Is their anything else that I can or should sue for?
OklahomaAs a homeowner, we signed contracts to have renovations to our house in Fall of 2019. Work technically began in Jan 2020, then ceased till April. Turns out the contractor had their license suspended for 3 months by the state during that time. In any case, work was provided off and on from late April till late July, though not complete per last contract signed mid May 2020. They submitted the 20 day prelim in mid August, about 25 days after last onsite date. About 190 days after prelim we have received a Notice of Claim of Lien. The "first provided services/materials date" is falsely filled with the date they were last onsite (late july, not Jan or even April when most work began). Do they have any legal standing? We believe they provided false info for the Notice of Claim so the agency would process it and bully us into an overpayment. A majority of the project was already paid for, and we would pay for what was provided but the asked amount is demonstrably more than services rendered. Thanks.
ArizonaWe have filed a lien on 2/26/21 and now the customer saying that they will not pay us until 90 days after this date which will be outside of our timeline to perfect our lien. We would like to send notices as a sort of "count down" so that we have done our due diligence in providing documentation to the customer that they need to pay us before 90 days.
CaliforniaFor example: if we recored 95k on the lien can we change it for more money?
or maybe can we recored 120k and suggest lower price after?
Thank you
CaliforniaI was hired as a subcontract to do the framing in a project in Portland, ME. Its been a year since we delivered the work and they haven't paid us, what can I do to get paid?
Maine