I'm an equipment lessor working on a job in New Jersey. I am planning on including money owed (my receivables) in the lien total.
However, my equipment that was rented is still on the job. Can I also include the value of the equipment in the lien total?...Read More
I was hired by John Gehm from RG NATIONAL LLC base on Missouri, I was hired to work in some universities in Tallahassee Fl, Gainesville Fl, Miami Florida, Minneapolis, Chicago and Pittsburgh. After the jobs were done, he sent me a lien waiver to fill out and have it notarized and sent back. the lien waiver says that that paperwork needs to be sent out in other to get paid in the following week it's been more than 3 weeks and he is not answering my calls now he said he will sue me for lien fraud if I try to do something against the properties. he does have a few lien waivers but not all of them i was wondering if i can do something with the liens that he actually has like voiding them or something or go after him since he told me straight up that he wasn't paying me. I have timesheets, lien waivers, text, emails, check stubs, copy of checks that were cashed out of my account invoices etc. Please I need help with this situation. MY PHONE NUMBER IS 720-487-2590 if someone can give me a call i will higly appreciate it. seems like there's more people struggling with this guy as well help me to help please....Read More
Concrete company does 6.4 million in work on a project in Collin County Tx. Last work was in December for DD Management, CEO is Ryan. 4 parcels of land included in the project with 4 different shell LLC names - all have the same managing member and/or CEO of the contractor - Ryan Ryan signed a promissory note in July 2022 agreeing to pay concrete company a minimum of $150k a week to keep him on the job and signed as CEO of DD Management and Owner of Platinum (mother company of all shell companies) - I believe this promissory note just wrapped Platinum into the mix as a responsible party. Ryan is CEO or Managing member of all companies involved: DD Management, Platinum, LLC Property owner 1, LLC property owner 2, LLC property owner 3, LLC property owner 4. One of the 4 properties is up for foreclosure Feb 7, 2023 I believe we are within rights to file a constitutional lien, followed by statutory mechanics liens. If I am correct in filing a constitutional lien, does the 6.4 million need to be seperated to a balance per parcel when it was excavation, dirtwork, and concrete on all 4 parcels of the project, or can the 6.4 lien be filed on each of the 4 properties? I feel that if he receives notice that mechanics liens are being filed, he will have 10 days to dissolve the companies, file bankruptcy, or make a move to shaft the concrete company out of 6.4 million. If the work dates back to early 2022 and the last work was done in December, are we within lien rights to file on the entire balance?...Read More
Clients have refused to pay for Invoiced Labor. Clients called a Work Stoppage. This was intentional, so that they could get out of paying for the Invoiced Labor. Clients hired another General Contractor to complete the Job. Clients have filed with the California Better Business Bureau and the Contractors State License Board against my General Contractor's License. Clients are demanding that I pay for the completion of the work, even though I was only 5 days into the Work.
I have tried through Mediation with the Contractor's State License Board to meet all of their demands, even agreeing to $0 payment in order to save my license from having a Strike against it.
I have filed the Mechanic's Lien on August 8, 2017, then drafted and sent a Termination Agreement via the CSLB for the Clients through Mediation, that they are now refusing to sign.
What forms do I need for the Enforcement of Foreclosure on the Mechanic's Lien?...Read More
This is going to be an Accord and Satisfaction question but let me give some background. I am a small residential concrete finishing business in Ohio. The customer requested a quote to put a concrete skirting/patio around their new in-ground pool after the customer had backfilled the existing excavated trench around the pool with gravel. The quote for the patio was $5,600. The customer then verbally asked for a price for the gravel backfill which we verbally agreed to a combined price of $6,500 for the concrete work and for 20 tons of gravel backfill with additional reasonable cost if it needed more than 20 tons. It required 28 tons of gravel so the final invoice was $7,300. It does not appear that there is a big issue with the final gross amount of $7,300. The customer was very hands-on with comments and demands throughout the project work. The critical item was that he filled the pool with water before we arrived and wanted us to put plastic (i.e. visqueen) over the entire pool and down between the future concrete edge and the side of the pool in order to prevent splatter from getting in the pool water. I told him that the plastic would prevent a good concrete finished edge up against the pool side and that he would need to cut the plastic away after the concrete dried which may leave some plastic showing. He said "do the best that you can" but insisted on his process. I told him that the normal practice is to do the work without water in the pool and have a solid edge between the poolside and the concrete in order to get a good finished edge. His dispute is with the quality of the finished edge but I am not asking for advice on resolving that issue. My question is with Accord and Satisfaction. My final invoice (invoice #1722 dated 10/4/22 for work that was completed on 9/23/22) for $7,300 is itemized as $5,600 for the concrete work and $1,700 for the backfill but it is all on one invoice (i.e. not separate invoices for the backfill and concrete work). I have had several discussions with the customer regarding the quality dispute and he refuses to let me on the property to assess and remediate. There is no dispute on the quality of the gravel backfill portion of the job. I finally offered a $500 goodwill credit to resolve the issue if he pays $6,800 which is did not accept. He verbally offered $5,900 as payment in full which I declined. He then sent me a letter in the general format of an invoice and labelled it "corrected invoice #1722". His corrected invoice is organized in two parts ($2,108 for the gravel and backfill and a $5,000 gross amount for the concrete). I have no idea how he came up with $5,000 as the gross amount for the concrete work when my invoice (and initial written estimate) shows $5,600. I also do not know how he comes up with $2,108 for the backfill when my invoice shows $1,700. In short, his gross amount of $5,000 + $2,108 = $7,108 as compared to my invoice of $7,300. I would have been fine with this difference but he then deducts $839.15 from the $5,000 to arrive at an amount of $4,160.85 for the concrete work. He issued two checks (one for $2,108 for the backfill and one for $4,160.85 for the concrete). The check memos say "concrete" on the $4,160.85 check and "backfill" on the $2,108 check. The checks do not say "paid in full" but his letter/corrected invoice, as well our discussion, leads me to reasonably assume that he intends the payments to be considered "payment in full". My understanding of Ohio Revised Code 1303.40 is that if I cash the checks, it will be considered payment in full under Accord and Satisfaction doctrine. My questions are 1) I assume that I should not cash the concrete check as it will likely be interpreted as payment in full. 2) Can I cash the backfill check which exceeds the backfill portion of the invoice and preserve my rights to collect the full amount on the concrete work? 3) If so, should I refund the overpayment of $408 on the backfill or just treat it as a deposit or partial payment on his account? 4) If I treat the $408 as a deposit, should notify him and, in that notification, should I state that I reject his concrete adjustments and request that he acknowledge that I am cashing the $4,160.85 check as partial payment of the concrete portion of the invoice. 5) If I proceed as stated in #3, and the customer accepts, can I cash the $4,160.85 check. 6) Do you have any other advice. Hopefully this has been entertaining to read and potentially be an example for your future blogs or customers. Please send response to firstname.lastname@example.org...Read More
Subs of all tiers will need to provide payroll reports and proof of wage/fringe payments, otherwise we as the GC are jointly liable regardless if sub has already been paid + interest. If we hold back funds until wage/fringe information is provided, does the sub have lien rights for whole value of their billing to us?...Read More
I did for some work for a contractor out of Castle Rock,Co., but the job location was in Watford City, ND. He sent me home for the holidays and was supposed to have called me back when job was ready to start back, but never did. I found out that he bought in another crew to finish my work. My contracted work amount was just over $100,000 and he only paid me about 15k of that amount. Is there a way to sue to for breach of contract and collect lost wages / profit, which would have been @ $50,000.00 ?...Read More
My partner is a contractor working on projects for a builder in DC. Her work is finished however the builder refuses to pay her. She is a single mother of a toddler and requires help asap. The payment owed is only $8,500 but it is a lot of money to her. The builder is acting in bad faith and she is quite stressed out....Read More
My company is a second tier contractor. The contractor has the typical pay when paid stipulation. This contractor is 120 days past due. At what point is a lien filed? Does it depend on invoice date or date of services?...Read More
The owner paid the General Contractor without the suppliers knowledge, trying to exclude himself in any payment discrepancies. The owner had agreed to a bi party check when he was told the materials were not paid for by the contractor, but paid the contractor the remainder anyway. ...Read More
I’m a Alabama homeowner who recently had my roof successfully replaced, by a Georgia roofer. All my dealings, as well as payment in full, were with the roofer. I assume the roofer has not paid for his shingles (the 3rd party vendor, in Phoenix AR)....Read More