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Lien Deadlines Questions
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Lien Deadlines
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Our contractor completed work on our home on January 28th, 2020 for a project that began in March 2019. The relationship was not a good one & many mistakes were made that we asked him to correct (ordering incorrect shingles, siding cut with gaps, ordering & installing the wrong windows & sink are just a few examples). As the relationship got worse, he started threatening my partner with a lien on our home. She was pressured into signing off on two walls (that I wanted redone) & approving a final payment after enduring verbal abuse from the contractor & his foreman. She simply wanted the contractor & his foreman out of our home, as communication had become so hostile. The contractor & all subcontractors were paid in full at the end of January 2020. Here nearly a year later, there are items we have had to call the contractor back to fix (his work has a one year warranty). While he did respond & is addressing some of the issues, he is once again using the threat of a lien to get my partner to agree to let repairs go. My question is this: I know he had 90 days from the January 28th, 2020 to file a lien for the original work done, but does he have the right to file a lien now? Here a full year past when the work was completed, he is saying there was a "side contract" that we had with him that was "unpaid" & that if we write a negative review of his company, he will put a lien on our home. How can we fight back against this?
ConnecticutI’m a contractor in California, it’s with a property management company that I’ve worked with before, and I’ve always gotten paid. They’ve gone dark on this job and they won’t even return my emails, phone calls, messages. The job was completed in September so I’ve gone beyond the 90 days. Which doesn’t make sense to me because the first 90 days are negotiating and trying to work it out. Can I still file a mechanics lien on this job?
CaliforniaWe already filed using Levelset a Mechanical Lien ( # 4150015) on 11/17/2020. We have not heard from the client neither the County.
What is the next step for the enforcement of the Lien?
FloridaI have a roofing project that i am working on in Oregon which has a roofing consultant acting as the owners architect. We have completed the work but the consultant has rejected some of the installed work. We are attempting to negotiate with the consultant / owner, but it has been 63 days since we were on the job and a lien must be filed at 75 days, and there has been NO Notice of Completion filed on this project. My question is regarding the word "completion".
Does completion mean "substantial completion"?
Does it mean when we tell the customer the job is finished and send final billing?
Is the date of "completion" extended if there is a punch list and work is performed after "substantial completion" of the job?
If the punch list is in dispute, and or the owner or owner's architect / consultant has rejected the work and is asking for additional work, is the project considered "completed" even if the punch list work is not yet completed?
In the above scenario, is owner's acceptance required for "completion" to be achieved?
Would your answers to the above questions be valid for a project with the same conditions but located in California?
thanks for your help?
OregonHello. I had a contractor file a lien for work was not performed. In addition removed material off my property. I was forced to finalize the remaining work on my own. My question is the theft of materials considered conversion? As well, I have a detailed accounting of materials removed, work performed that contractor did not finish. To date, a lien was filed for $53,000 with no lawsuit. The frivolous lien was filed with a round number but not any invoices or any detailed accounting We have a thorough narrative and proof of work completed. How can someone perfect a lien in Montana without supporting accounting? In addition we are a brand new RV park with lost income due to the contractors dishonesty, and delay in opening.We have made continuous requests-demands for an accounting. Can someone just make up a false lien and file it with no accounting? Any advice would be much appreciated, In addition to a SW Montana attorney that specializes Mechanic Lien law-consruction litigation? Thank you for your time in advance.
Matthew. Kingincda2@gmail.com
MontanaWe are general contractors and I need to file a pre lien on a job in CA.
CaliforniaI am a general contractor who completed repairs on a commercial project in Michigan 09/01/20. The original mechanics lien in the amount of $360,542.43 was recorded on 12/21/20. After recording we noticed the "Last date of furnishing labor or materials" was wrong. Since this original document was filed outside of the 90 days deadline is the lien invalid? or if amended is there a chance it would stand.
MichiganI'm a consultant with a C-6 license. I was hired to oversee and supply materials for a Spec home. I did NOT install anything or do labor of any kind. The homeowner does not want to pay me for my services. Can I file a mechanics lien even though I was not a subcontractor on this job.
CaliforniaI'm a contractor we have filed a lien due to the homeowners open balance. Since the balance has not been paid I was told we have to perfect the lien. How would I go about that?
CaliforniaI filed a mechanic's lien in California on December 16th and it was recorded on December 18th. But the property was sold on the 17th. What are my rights to the lien as of now?
Californiai am a contractor who work in a renovation project. The client is refusing to pay. i already submit a mechanical lien on the property, but even though the lien he is not willing to pay, i been advised to place a foreclosure order on the property, but i dont know what will be the best thing to do in order to get that money back.
CaliforniaHi,
I need help with understanding if I am still eligible to file a mechanical lien?
We are a Home Restoration company and we provide:
Water mitigation
Mold remdeation
Pack-out and storage services.
The water mitigation, the mold remedeation and packout have been completed.
However, storage isn't complete as his items are still with us and a pack back (moving back his items when he is ready after repairs have been completed) haven't been completed yet.
Are we still within our 90 days as we have yet to complete the storage and the pack back portion? the date of the contract is 9/8/2020.
Thank you and I look to hear from you soon.
CaliforniaWe started a remodel job on a unit in Park City Utah. Towards the end of the job, the owner wanted an inbuilt closet which we explained to her she couldn't afford in her budget but she insisted. So we stopped everything until we figured out the closet dilemma. We finished 90% of the remodel. We came back to the unit to find she hired someone else. We didnt file a pre lien at the beginning of the job. We filed it like on the 19th day since beginning the job. She won't answer our phone calls, return our phone calls, or even return our emails. Whats next after the pre lien we filed. Do we just wait. Thanks
UtahMy house burnt, insurance adjuster brought a GC with them, signed contract under stress, not much explanation just sign "don't worry." For months no work was done due to Asbestos. GC told not to worry about old contact it was no longer valid. Five months after, GC comes new contract "for review" and 7 days later, I refused to sign, contract is one sided, 3 days later, I noticed broken glass, mess, left my house unprotected. I email my GC and not only did I reinstated, I didn't agree to contract, but prohibiting him from entering my house. He agreed to stopped all work and plans check, honestly didn't know what he was talking about. I found out he not only attempted to put all wrong size windows damaged stucco, but had file for permits. Discussed all this with insurance to no help. He threatened me to file a lien asap, to voicemail saying I couldn't build with 2 permits, threatened it be a mess. I canceled permits with city 2 months ago. What's puzzling is that, I received a letter from insurance with invoices, old contract. I have NEVER received an invoice, bill, nor was informed of ANY work done, i requested that from insurance and him. Insurance says, he has merits for lien, lawyer said that contract didn't have a $ amount, no work was done. Why would a GC do work without sending me invoices? Install horrible windows, do damage, but windows are not part of invoice? I'm confused as to what's date to file a lien? Date we both agreed? Date i file city permits cancellations with signature/states project completion/cancellation. Trying to talk to GC only brings more problems, he lies (contract stated i requested his services by phone? He also said my house had 98% asbestos, etc,etc). DOES HE HAVE GROUNDS TO FILE A LIEN? WHEN IS THE DATE OF STOP WORK?
CaliforniaAm I still able to file a lien?
We are a Home Restoration company in the water mitigation industry. We provide water mitigation
Mold Remediation
Pack out and Pack back services with storage.
the water mitigation and the mold remedation has been complete.
What isn't complete is the storage and the pack back as we still have his personal items in storage.
Are we still in the timeframe of filing a lien as the storage and the packback has yet to be completed?
California