Customer had work completed in Mid Oct.
No notice of termination was filed however. It is now first of May, and they have not paid. Am I out of the statute timeline to fild a lien in Louisiana. ...Read More
My carpet was installed six months ago. I paid 50% then waited four months for bald spots on corners of stair steps to be fixed by installer who couldn't do much and left before addressing all steps when I questioned him. The company kept thinking the problem was corrected then finally sent a manager two months later who took pictures and says if I want him to order more carpet and reinstall I would have ro pay in full. Then I received in mail same day a notice of intent to file a mechanics lien. Do I pay and ask to get in writing they will replace the bad steps? I'm in California. ...Read More
Owner/landlord (“Owner”) of commercial multi-tenant property in Texas leased unimproved space to Texas business owner tenant (“Tenant”) for 36 months. Approx. $140K TI anticipated. Lease included a provision whereby: -Owner would contribute cash ($75K) for TI/buildout only, no involvement w/contractor(s), -Tenant would find, hire, manage, pay balance to Contractor to complete TI/buildout. Just before 1st year of lease was up: -Contractor TI buildout 90% complete and paid for using all $75K Owner contribution + Tenant funds for balance owed -Tenant business failed at the location and Owner and Tenant terminated lease by agreement -Notice was provided to Contractor re lease termination, stop buildout. Tenant had NO written contract with Contractor. However, Contractor invoices for materials and work done and corresponding payment records are available and accounted for. Does this add up to a written contract? Would the records equal a contract for the 90% of TI/buildout completed or for the whole enchilada, that is the anticipated and remaining materials and work too…? Contractor claims all TI/buildout complete and demands payment for remaining 10% (+$9K) from Tenant. Tenant (now the ex-tenant) and Owner dispute Contractor’s claim/demand, contend that problems exist with completed TI and 10% of improvements are incomplete. Also, no written contract between Tenant and Contractor, in TX... Contractor hires law firm/attorney to demand payment from Tenant and/or Owner. Tenant’s attorney talks with Contractor’s attorney to see if issues can be resolved. Contractor’s attorney requests payment, sends demand letter, and files Affidavit Claiming a Lien against Owner's property and improvements, in TX county where Owner’s property is located. Lien affidavit indicates lien is claimed by Contractor against Owner’s property and improvements. Contractor’s demand and claim (now lien) remains disputed by Tenant and Owner. Tenant’s attorney continues efforts to contact Contractor’s attorney but is no longer able to make contact. Tenant is almost immediately contacted by the following: Chris Reed Legal Review/ Processing Tucker, Albin & Associates, Inc. 1702 N. Collins Blvd, Suite 100 Richardson, Texas 75080 972-808-7690 Office 554 (214) 865-7166 FAX www.TuckerAlbin.com Mr. Reed and his employer are notoriously aggressive debt collectors. They refuse or are not authorized to negotiate on behalf of Contractor and have resorted to collection efforts bordering on, and possibly including, harassment of Tenant business owner and various uninvolved employees. Contractor’s attorney has apparently been discharged and the claimed debt turned over, possibly sold, to this collections company. This company has a massive amount of complaints against them collected by multiple authorities in multiple states and were even fined $500K for harassment a few years back in another state. Both the particular collections agent and the company can be easily found in a simple internet search. Advice regarding how to dispute/remove/contest and handle the lien, dispute the debt claimed by the Contractor, and how to control or terminate the debt collections company and agent’s activities would be most appreciated....Read More
I rented some equip to a GC for a job and they became past due so I filed a lien. Then, they sent one of their subs into one of our locations to rent another piece of equip. under a different name as COD. While they have paid for the 2nd rental, they are still possession of the machine, so I would like to file a 2nd lien on the property for the value of the machine. Is that possible/legal?...Read More
Filed a lien in Ga. against a Burger King Restaurant where their GC I’d not pay me. It’s almost 365 days into the lien so I need to file. My attorney states that the enforcement has to be in the county to where the GC or Corporate office is which is hours away so he can not file it but according to this site it should be filed in the same county as the property? Where is the final suit to be filled. He stated foster v Wilmington Plantation which is a condo lawsuit...are they different?...Read More
We have a customer who's project scope expanded dramatically to the point they could not afford the necessary work to save the structural integrity of their home. We offered to finance the additional work over a year. Approx $25,000.00. The final payment of the original bid and the first monthly payment were due last week. After many phone calls we got a check $3202.69 short of the required amount. All followup calls have been ignored. I really don't want to file a lien but feel that it may be necessary. What are the steps and does this sound like the correct action?...Read More
I am a licensed Architect in California and have unpaid design fees for a project that has not yet obtained a Building Permit or started construction. I will be filing a lien and am unsure of the process? ...Read More
Ive signed a conditional wiever for a company and now they tell me I have to wait 30 days to get payment. My 90 day mark to file lien is up on the 9th. I feel like they are doing this on purpose. What should I do. I sent a notice to file Lien and thats how we agreed on weiver...Read More
I have worked for a sub and did Not get paid. It has been 2 months now and still get check is in the mails BS.
I have talked to the GC about it and have sent all parties a letter of intend to lien.
I need to get this done don't want to drive another 7 hours to get back here....Read More
We hired a contractor to paint our pool. He didnt showup and did very little work. We never signed a contract and he kept giving us invoices charging us more. He just gave us a notice of right to lien. This all started March 23 and we fired him a week ago on Wednesday. He had written on the invoices that he would have the pool completed by the 14th of April. He just started draining the pool on the 20th of April then left for a week. We are not sure what to do. He wants $750.00 for the work he has done. He was here for about 6 hrs total and did very little work in the 6 hrs. On his invoices it breaks done what he charges for each work he performs so I was going off his invoice to how much we owe him. Which is about $500.00 to $600.00....Read More
I'm a subcontractor in East Tennessee and I worked for a non-licensed general contracting company. I have a signed contract, I'm to be paid on Thursday after the job is complete. However, it's been nearly 30 days since payment was due. Despite repeated phone calls and emails the general contractor is playing games and refusing to pay me. I went down to the local courthouse and they said all I need to do is print off a mechanics lien form, fill it out, a sworn affidavit and notarized it. However, the only forms I found online are against the homeowner. The homeowner of this job is 80 years old and I don't think it's fair to put pressure on them they didn't do anything wrong. On top of everything, I have a broken hand. Despite this, I'm still trying to work and make a living and not sit at home on unemployment. I don't have the money and I just want to find the right form. Can someone please, out of the kindness of their heart help me!?
Thank you and God bless!...Read More