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Mechanics Lien Questions
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Mechanics Lien
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I spent 14 months between October, 2018 and November, 2019 acting as a General Contractor for someone building two shops on his property. In November, 2019 as the job was completed he brought someone else in and terminated my employment without paying me for my work. He drew up a promissory not to promise to pay me $50,000.00 at $5,000.00 per month starting in November of 2019 and each and every month following until the balance was paid in full. He made 3 payments and stopped paying me in January of 2020. I have sent several letters and emails to him with no results. His excuse for not paying me is that "His wife passed away from Covid 19 in 2020 and he doesn't think he owes me or the world anything and does not care what anyone thinks. He still owes me $35,000.00 along with $9,876.00 worth of tools and equipment I was not allowed to take with me when I left. I was told that I was entitled to file a "Constitutional Lein" in the State of Texas for up to 4 years against this property. That is what I would now like to do. Please advise
TexasI just received a lien against my property for services provided by my landscaping company - they built a patio for me in mid-September. I paid my landscaper in full when the work was performed. The claimant is the pavingstone provider. The landscaper is the “person indebted”. In addition, the date “contributions became due” was three months before the work was even performed at my house. Can I be held legally liable for this if my landscaper did not pay the pavingstone company, even though I paid in full? What is my recourse here?
WashingtonIf a company or individual does not have any type of contractors license in the State of Georgia can they file a mechanics lien or enforce a contract for payment? This question is for residential remolding in the amount of $90K in Georgia.
GeorgiaWe hired a contractor to pour our concrete slab. He came to see the site, received a copy of the site plan and specs relating to the slab. Later [same weekend], he texted me a price of 17000 [and listed various things it included such as machine rental, skid steer, labor, etc.]. I even met with both him and the steel building contractor who would be erecting the building just 2 weeks later after we agreed to hire him. This was in June, in the end of September, the job was finally finished [not due to our delays, but his]. At no time during this entire 3 month period did he attempt to tell us that he needed to renegotiate the agreed upon amount or that it would be higher. He was billing on a monthly basis, which we paid quickly. I was keeping track of the bill totals. His one email about any specific money amount was to ask us to send a check for 11,000 for the concrete. His final bill was $4700 more than what we agreed to pay [including a price of 12,600 for concrete and he listed the 11,000 as a prepayment with no explanation of why he was billing us 1600 more than he told us it would be. Once I emailed him and said we never agreed to a new 27.6% increased amount, he made all kinds of excuses. Our site plan never changed, the slab he poured is the exact same size as was made available by the steel building manufacturer. Instead of pouring the entire slab in a single pour, he insisted in making the porch into a separate pour, later, that was his excuse for part of the increased amount [which is confusing, how can it cost more to pour on a different day]. In addition, one of his reasons to pour the porch separate was so he could re-use the forms from the larger section of the slab, yet in his final bill, he charged us again for form material. I have documentation of all of these amounts [in both texts and emails]. We have paid him in total the 17,000 we originally agreed to. My question is if he attempts to file a mechanics lien, would it stand?
TennesseeLien was placed on our property. This person has a history of doing this to people. He has no contractor's license and no CDL. Took $15,000 worth of dirt off our property after ruining our pond.
New MexicoWe hired a contractor to pour our concrete slab. He came to see the site, received a copy of the site plan and specs relating to the slab. Later, he texted me a price. I even met with both him and the steel building contractor who would be erecting the building just 2 weeks after the price. This was in June, in the end of September, the job was finally finished [not due to our delays, but his]. At no time during this entire 3 month period did he attempt to tell us that he needed to renegotiate the agreed upon amount or that it would be higher. He was billing on a monthly basis, which we paid quickly. I was keeping track of the bill totals. His final bill was $4700 more than what we agreed to pay. Once I emailed him and said we never agreed to a new amount, he made all kinds of excuses. I have documentation of all of these amounts [in both texts and emails]. My question is if he attempts to file a mechanics lien, would it stand?
TennesseeHouse owner about to do some repairs
ColoradoWorking on a residential single family home in Dutchess County NY. Job 90% completed when customer kept demanding that additional work be done, on top of job already contracted for. Refusal until job 1 was completed led to job being stopped at that point. I gave the bill for the services completed up until that point. Customer refused to pay. I filed a mechanics lien. Now it is up for renewal.
New YorkLong story short. My house burned down November 20, 2018 Bronx, NY. The contractors last day of work to partially demolish the property(Roof, and part of the 2nd floor) was December 10, 2018. The contractor filed the mechanics lien on December 9 2019. is this lien still viable?
New YorkIn the fall of 2018, my husband started working on a John Deere 340D Logging Skidder that had broke down and had been abandoned in a farmers field. At the request of the owner of the Skidder, he worked on this machine in the field over the next year, he had no power tools and no lift equipment so this work was preformed under extreme conditions.
Over the time the Skidder was in the field the owner never gave him gas money and it was a 70 mile round trip from point a to point b. The crew that had abandoned the Skidder in the first place actually came and stole the two piece drive shaft along with other parts off the Skidder. We found that the fuel lines were now cut, the blade is twisted, and the rear end of the Skidder was in upside down. After all these set backs we finally moved the machine out of the field ( pulling it onto a flatbed truck isn’t an option when the rear end is in wrong) in the fall off 2019.
While driving it home, we found that all off the brake fluid was drained out of the sealed brake drum so the brakes seized up. We got it into a flat bed and towed it home. My husband is still working on this machine and him and the owner had a oral agreement that if he fixed it that he could buy it for scrap price ($12,000).
Since this has all started the owner has brought someone over to look at it to buy it, told my husband that the bank is going to repo it, and now is telling other people that he is going to repossess the Skidder because my husband isn’t making any payments or working on it.
My husband is a logger and in fact is running the owners other Skidder and if he doesn’t get some kind of a check every 4-5 days he starts harassing me!
I get text and phone calls and if I ignore him it gets worse.
I have calculated the hours worked to date x average hourly wage for a heavy equipment mechanic, mileage @ 58 cents per mile (which actually pays for the machine alone), not included were the parts that he used that he had on hand here since he assumed it would be his Skidder.
How do we go about filing a mechanic’s lien and do you think we have a case?
WisconsinHow much will it cost me to sue or put a lien on the homeowners property they owe me 15,000
Marylandin my residential neighborhood (the adjoining property owners located on each side of my property) where 1 of the homes has not been lived in for over 20 years and the other property is a vacant lot; ive had no contract or contact with either of the owners for the past 15 years, but ive been providing year round lawn services to both properties on a regular basis for 15 years straight. Can i file a mechanics lein on the properties for the lawn maintenance and upkeep of the properties large yards?
MissouriA contractor filed a fraudulent lien against my house in 2018. The lien includes work that was never at all done by him, work that was done but never approved by myself or my insurance company, and work that is so very poorly done it was considered not structurally sound by an unbiased structural engineer. His lien was never enforced.
I have filed a claim against this contractor for fraud. Can I file against the attorney who filed this lien for him? His attorney obviously did no research, asked no questions, before filing this lien which also bears his, the attorney’s, own name on it as well… ???
KansasA contractor filed a fraudulent lien against my house in 2018. The lien includes work that was never at all done by him, work that was done but never approved by myself or my insurance company, and work that is so very poorly done it was considered not structurally sound by an unbiased structural engineer. His lien was never enforced. Your site says this has to have been enforced within a year. I have filed a claim against him for fraud. How do I get this lien taken off of my house considering its now been 3 years?
Kansas**PLEASE READ ME, I NEED YOUR ADVISE**
So I was introduced to someone by a mutual friend that needed some metal to be welded together for gates around his house. Knowing the fact of the contractors license issue in California I gave a quote to that person for the gates all in separate jobs because the job wasn’t going to be consecutive days and be done. I had to work on one gate and wait for something to be done from someone else and then I would work on another gate. So I gave the guy the quotes for all the separate gates that totaled $2500. He agreed to it and agreed to it being all separate due to the fact also of what I explained above. So I started the first gate and finished that in 3 days and I had to install it but I was never in our agreement that I would have to take out some existing posts that was left by the last guy working there. To make it short this guy added a bunch more stuff to the original work I had quoted him that ended up adding more days and I had told him that if other stuff get added it would be $500 each job and they were all separate jobs not one job related to the other. He had me pour concrete, he had me put the wood on the gates which was not part of our deal. The other guy was supposed to come finish that. So all in all it ended up being about $4500. Now here is where it gets interesting, this guy would buy and fix and sell motorcycles and he had one that I was interested In. So I figured I can strike a deal with him to get that bike in Lew of some of the money he owes me. So about a week ago I talked to him and he said he would sell me the bike for $1500 and that was fine so I went to his house and the bike wouldn’t start there was a fuel pump issue which he temporarily fixed it and said come back tomorrow to put in a new one. So as I was about to leave he asked me aren’t you going to pay me? Mind you I’ve been working on his house for 2 months now and he has not paid me $1 for any of the work I had done and I had two more gates til I was done complete finished. So I didn’t pay him anything and by the time I had gotten home it was 4am and the whole next day he kept texting me about sending him money and that I’m stealing from him and it’s not right not paying him and I kept telling him you owe me X amount of money so far for what I’ve done which u haven’t paid at all. Well he wouldn’t stop and started being insulting towards me towards my family kept asking for the bike back which it became to mouth so I decided to take it back to him and it was around 2am, on the way there the fuel pump seized, so I tried to fix it on the side of the road and the cops saw me and decided to stop because I didn’t notice the bike didn’t have any plates. That was my mistake I should’ve checked. Well the cops in our city are real hard asses, Glendale Ca police department. So they end up running the vin and the bike ends up coming back with no registration since 2005!!!! 15 years no registration!!Whatt!!??? Needless to say they tow the bike and hit me with citations! The real kicker is that the scumbag new it didn’t have the registration and that the bike has a lien on it for the original person that sold him the bike and that guy is long gone nowhere to be found and there’s no way the bike can be registered because there is a lien on the bike! So basically he was trying to screw me over and now won’t pay me my money because his bike got towed! What can I do? I’m sorry for the length of this. But o felt like you needed to hear the whole story. Thank you!
California