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Lien Deadlines Questions
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Lien Deadlines
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We are on a 3 Phase apartment complex project as a Reinforcing and Concrete subcontractor to the Prime GC. This project has had some delays pushing completion out. Our Contract says at project completion and once Owner approves and pays GC for our portion of work they will have 35 days to pay our company. GC and Owner are working through deductive Change Order's and project delay issues. In the meanwhile People have occupied 2 phases of the complex. I have 3 questions 1. Does the TCO/Certificate of Occupancy effect our timing for Lien rights? 2. Do we still have 30days after Notice of Completion to file? 3. Is it the last day of Prime work on site or total Project work onsite that California lien rights start the 90days to file.
CaliforniaI didn't file a preliminary notice on time - but the owner didn't say anything about it. Can I file a lien later, if I need to? Isn't it the owners obligation to raise the issue?
CaliforniaI know that lilens are done no later than the 15th of the 4th month from the date services or materials were last delivered.
BUT.....is this done every month that things are unpaid? Or just once per job?
Say we are not paid for December 2022 so we are scheduled to file a lien on December, but we are still out there currently working. If we dont file that lien, the owners could sell the property and we lose out on the money owed to us, but if we do file, Levelset will not allow us to file again, even once the lien is removed causing us to have to do it manually and take it to the county courthouse that the job is in.
What is the correct legal way to handle these situations?
TexasWhat if the GC never presented a contract for the client (homeowner) to sign? Can an oral agreement with time and materials be enforced? What rights does the homeowner have in absence of a written and signed contract? What happens if the client pays invoices along the way and now the construction is completed but the client refuses to pay the full amount of the final invoices?
CaliforniaHad a job that was paid COD via CC. After the deadlines all passed I got a chargeback. What are my options?
TexasWe seemed to misunderstand how long we had to file a lien, a rep at Levelset says it wont go through prior to April 10th in Monmouth County NJ if we do this now. We need to see what other course of action we have or can take on a very large commercial job that we started on Christmas 2022 and completed on 4/10/23. The amount due was $508,127.25 and we have been paid less than half, and are still owed a balance $282,497.25 This is a commercial water mitigation that is an insurance loss at a school which is rented from a church.
New JerseyI was working on a project in Breckenridge and after completing the project I have not been paid. It says I’ve missed a deadline?
ColoradoWe did this paint job twice. Our deadline to file a mechanics lien for the first job/time is due tomorrow and client reassures me they will pay next week. Despite telling me they would pay a day before. I was wondering since we did the job twice and the second time was done a few weeks ago. Are we still able to file a mechanics lien in case this client doesn't end up paying with the date the second job was started? Please let me know any advice is appreciated!
OhioI worked on a project for a GC with a subcontract agreement to subtract actual payroll costs from the subcontract during the progress of the work. The GC wrote in the subcontract that I would be compensated the remaining delta. They provided the materials. I provided the field sampling and laboratory testing via 3rd Party. The GC is unwilling to submit a significant change order for the benefit of the subcontractor due to his relationship with the owner. The outstanding change orders for unforeseen conditions, winter concrete protection, and filling voids in substrate exceed $50,000. The remaining balance of the subcontract also exceeds $50,000. Please advise.
New JerseyI filed the notice today march 27,2023 but the project was started last year in april. does the notice to owner have any affect because it was filed more than 45 days after start of project?
Floridai am a handyperson who worked on several properties for a customer who now refuses to pay the invoice in full (they say they will pay half- only when the property sells) the work was time & materials and was over the course of several months. last work was 12/29/22 what is the deadline to file the lien?
Massachusetts20days preliminary notice field , lien recorded, but still did not get any answer from the project. As I know I am not the only one lien holder . When ask money from project ,the answer is owner is in economy crisis, what should I do. Is there deadline after lien recorded? What is it? Thanks
CaliforniaWe just received a Notice of Completion on a job for which we are owed money. I seem to remember that once the Notice has been filed, any liens must be filed within 21 (?) days. Is that so?
CaliforniaWe're coming up on 90 days since last doing work on a project. The owner, who we couldn't get onsite to punch the project, just visited the site this week & is requesting punch work to be completed. Will that extend our lien deadline by another 90 days. He owes us $52k.
GeorgiaI'm a staffing agency in Florida and we filed a lien against a company who hasn't paid us for labor we provided in October 2022. Last day onsite was 10/30/22 and we filed on 1/30/23. They hired an attorney to send us a letter to state that, among other defects, we didn't send a notice of intent to lien within 45 days of our last day onsite. I'm now wondering what our recourse should be in this situation and changes we need to make going forward. Thanks.
Florida