I am at the end of an expensive house remodel. The GC has not made the last payment, we have no written contract, he is now claiming I made mistakes and has to hire someone to fix them. All work was done at his direction. My supply house has lien rights for the materials, the last payment is to pay them. There is no written contract between us. This money is from 2019....Read More
We are sub-subs / subs in Texas (on both public and private jobs) and often wait up to a year to get paid on retainage. We file a notice of contractual retainage on time, but I'm wondering when we should file a lien or bond claim. Often times, our deadline to file a claim appears long before the job is finished and long before our customer has even billed for their retainage. What should we do in this situation? ...Read More
prime contractor filed lien within 120 days but it was really a subcontractor doing work
so if prime contractor last day was more than 120 days but subcontractor was within 120 days but past 90 days
is this invalid...Read More
My house passed the city's final inspection on March 10 and I moved in. However, I found that the air conditioner could not work. I asked my contractor send someone to check, but he refused to work, and asked me to complete the final payment $2700 then come to work. I did not agree. On June 25, the contractor sent me a line saying that I did not pay the extra work, $150,000. And required to pay 12% interest. He had not made this request before. We pay for each additional work after negotiation. He only wrote no specific items for the amount. Is this fraud? And obviously this order has been more than 90 days, is it effective? What should I do?...Read More
I am a sub contractor. We performed work on multiple projects for Horizon Solar. They stopped paying us so we sent out notices to lien. Looks like we have missed the deadline to file a lien on a handful of these projects. Will it still be effective at this point to file the lien? ...Read More
A construction job was closed on November 2 2019 and signed off by the Owner and Contractor Rep. A couple of months later, it was discovered that a slow leak under the house caused the new kitchen flooring (installed by contractor) to buckle, needing repair. The contractor agreed to being liable for the plumbing and made the repairs that March/April, 2020. The contractor then placed a lien on the property in April of 2020. Under CA code the contractor has 90 days to place a lien. Question is, does the return to do additional repair restart the clock? Or did the 90 day clock start at the signed off close of the job in November? ...Read More
A mechanics lien was filed against a business address . The building has since been sold and now there is a new owner of the property. The mechanic's lien that was filed lists the prior owner of the property. No legal action was taken within the 90 days for the mechanics lien. Do I have a valid lien? Do I need to file a new lien?...Read More
Help.
City of Miami Shores places a lien on my house for parking over the lawn.
I didn’t receive any warning, letter or advice so I didn’t know I can’t park on my own grass.
It’s scary please help me...Read More
We are a GC working in FL of which the last phase of the contract has been put on hold by the owner. We are not sure when/if this last phase will be done, therefore, are leaving the site by the end of July until further notice. Would we have a lien deadline 90 days of July 31 or is contract still figured as ongoing until determination is made?...Read More
We are a GC that was told to stop work by our client in April due to loss of financing. Until now, we have been using that date to determine our lien deadline, which would be July 6. We are now told that they have a new equity partner and the plan is in the works to continue and complete the project. Can we used this as basis to not have to file a lien by July 6, and our lien deadline would be based off of when we last perform for the portion that remains to be completed? We have not been at the site since April 7. ...Read More
I recently finished building a custom home. I had a contract with a GC but did not have any contracts with any subs, just bids. None of the subs filed a pre-lien. I paid all the subs directly, the GC did not. The electrician gave me a bid of $27K to provide all the materials/labor to rough and trim out the house except the actual light fixtures.
I actually performed 30-40% of the labor and purchased about 40% of the materials for rough in. I paid the electrician $16K in cash at the end of rough in.
At trim out I performed 90% of the labor and provide 98% of the materials. My electrician sent me a bill for $8500. I told him this was ridiculous and I wasn't paying him 24.5K for a job where I did a lot of the labor myself and purchased most of the materials he was supposed to.
I told him I would give him an additional $1K cash but that was it. He threatened to sue and file a lien on my property.
The completion of the project is over 90 days, my COO is over 60 (fighting with the city on a drainage issue held it up) and my recorded notice of completion is over 30 days old.
Without a pre-lien and no contract what recourse does he have, if any?
...Read More