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Lien Deadlines Questions
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Lien Deadlines
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I hope this question isn't confusing. We have a client that we have worked for for years and they are having financial difficulty. We have about 4 open projects we are currently working on for them. Can I file a lien for the total amount due now even though some of the work will be performed in the future? For instance, they have not paid their July invoices so we need to send the notice of intent to lien. Due to our good relationship, we don't want to terminate working for failure to pay but we are hearing the company may not be solvent and we want to protect our claim. The lien filed with the court states a specific amount and I don't want it to only reflect the current amount owed and then file multiple liens each month as the material and labor accrues.
TexasDOING WORK ON A COMMERCIAL PROPERTY
CaliforniaWe have a job where the customer has unpaid balances outside of the contract amount. Can I file separate pre liens for those items? If I send out a pre lien at one amount, and it changes, how can I update a pre lien?
CaliforniaProbably not a question you can answer, but we had a contractor take material from a job site, and use it on another job, that he was not authorized to use it on. Then he started buying product for the new job, and we would like to file a notice of furnishings on it. We are well within the 21 days to file the notice on the product that was properly purchased and shipped to the new job, but past the 21 day on the product he used that he was not authorized to ship to the new job (he bought it under the old job's P.O. and had it shipped to the old job). We would like to cover that very expensive product that is beyond 21 days.... Should I file a notice going back beyond 21 day to the point when we have now discovered the product was moved from one job to the other, or should I file it within the 21 days, and include the unauthorized product? This guy is a dirt bag, and not trustworthy.
OhioDelivery of equipment was on a Friday, began work on following Tuesday and completed the job 20 days after work began or would it be 24 days from equipment delivery. I did not file a NTO, and GC is not paying me for work performed. Can I still file a NTO?
FloridaDue to the fact that Oregon has the shortest preliminary notice deadline in the country, it causes issues on the time necessary to complete the processing of shipment/invoicing and then give enough time to enter the project, allow for research, and file a preliminary notice. I keep seeing that to "be safe" you should use the shipment date, which would be what we use as the invoice date, as the countdown start date. I also saw that weekends and holidays don't count towards the countdown, however, zlien doesn't work them either way so that wouldn't extend the processing time necessary. I know that certain states define "ownership" of materials being shipped transfers at different times. I don't know if that definition plays in with this deadline countdown as well.
OregonI have sent a notice of intent to lien to all parties as required by Illinois law. What I didn't do, was send the 60 day preliminary notice for an owner occupied project (which this was). My question is do I still have to/ or should I send the 60 day preliminary notice even though I have a ready sent a notice of intent ?
IllinoisI recently placed an order for a NOI to lien. When I was hired as a sub-contractor the house was completely gutted(so no one lived there). Would I still need to do a 60 day preliminary notice when the owners moved out temporarily while construction was going on and only moved back in when the certificate of occupancy was issued by the village?
IllinoisWe have multiple jobs where we file a 2nd, then 3rd, then its time for the 4th. We currently do not aggregate all outstanding debt for that job to the fourth month notice we file the fourth, and then any subsequent filings for the additional 2nd and 3rd months notices as required. Our concern is what do we do with the additional amounts when they come due for their own fourth month notice. File another or amend the original?
TexasI have an LLC in MO and contracted with a large General Contractor also in Missouri to complete a half done project in Louisville, KY. The owner of the Louisville property pre-funded my payroll and materials with cash which was to be paid back as my invoives were paid through the monthly draw process. As the project continued the draws DID NOT process due to the owner not processing them. Therefor I have not paid back the cash advances OR been paid any profits. My time is very shortly running out to file a lien against the property and I'm concerned I could eventually be held responsible to pay back the advances without receiving payment for the invoices from the General Contractor. I signed an agreement upon receiving the cash advances SPECIFICALLY stating the advances to be paid back from the draw received from the General Contractor. My profit at this point represents about $14K. The outstanding invoices total approx. $614K. The cash advances total approx. $600K....I provided labor and materials and my last day on site was 3/24/17. It appears I may be entitled to ask for interest?
Kentucky