Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Upcoming Webinars
MAY
08Ferguson’s Mission-Driven Leadership: How Purpose Powers SuccessLive Webinar: 10:30 AM CST
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Mechanics Lien Questions
All Status
Mechanics Lien
All States
Hi!
Our client owes $29000 on a basement remodel. We became ill with Covid and were never allowed in to finish and then they decided there were a hundred issues we had never heard about before. Now they won't pay and have not responded to our attempts at discussion. They did not want to take permits on the job and we are wondering what happens to us in a Mechanics Lien with regards to not having permits?
North CarolinaI'm a property owner that signed on 12/15/20 a "home improvement contract" standard form (not sure of source) with a representative for a licensed general contractor, not the license owner. The contract lists a series of documents to be incorporated into the contract such as Mechanics Lien Warning, but none of these documents were provided by GC or signed by us. On 2/22/20 we notified the general contractor by phone and email that we were terminating the contract with them due to issues with the project including poor workmanship, building code violations and lack of oversight by the license holder. Our home has a HELOC we are using to help fund the project but not a construction loan per se. We paid for some work even though it was not fully completed or materials bought. Can the GC file a mechanics lien for money they believe is owed them?
CaliforniaI am C-39 Roofing/Siding Contractor in California. DC Roofing & Waterproofing Systems. Upon completing a James Hardie siding, wood facia, exterior rot replacement project, attempting to mediate with the owner via phone 14 days following our completion. I asked the owner why he hadn’t paid, and when he was going to pay? He replied “when you replace my rotted chimney”. The Chimney would have been change order 2, but he
•declined proceeding committing extortion.
•Failed to pay change order 1 on February 22 (breach)
•which was my cost on labor and materials (no profit). Yet we finished the project and it’s outstanding. I even deducted -500 for two small items we couldn’t finish. I don’t think he has the cash due to inquiring about financing early on.
• On. April 3rd, we recorded a mechanics in Placer county.
Total Contract $14500.00
Client Paid $-8000.00
Change order $+1610.00
Deducted -$500.00 (for 2 small items we could not complete due to dry rot)
Outstanding $7610.00
•I’m obviously a business entity (small claims is $5000 below) and mechanics liens foreclosures can’t be enforced in small claims court in California.
•CSLB Mediation renders no legal obligation on clients end.
•CSLB Arbitration is $15000-$50,000
Any guidance?
Anyone think Litigation will make him pay due to fear in paying high Lawyer fees?
What’s the cost typically of this very small and not very complicated?
Any experience with cases like this?
CaliforniaI live in California. I live on the third floor of a four story condo building complex. Back in February of this year, a pipe underneath my bathtub supposedly broke that caused a major leak and major damage to the unit directly below me. Our property management company hired a restoration company to repair the damaged unit. This restoration company billed the property management company. No where on this bill has my name or signature on it. The plumber that replaced the pipe as yet to bill his services to the property management company. My insurance company still needs some kind of documentation to determine if this broken pipe is my responsibility. The restoration company still has been paid for their services. Can this restoration company legally put a mechanical lien on me?
CaliforniaIs a preliminary notice always required ?
We are a tree services company that invoiced homeowner and interfaced with their insurance company on the same invoice on emergency removal services subsequent to hurricane Laura late last summer. The ONLY partial paid the insurance proceeds and are failing to pay the balance (approx. $15,000.00) due.
LouisianaWe were hired to complete $142,000 in service work but the service department never issued a prelien since it was time and material.
CaliforniaI am a contractor in California working on a large (apartment building) construction/rehab project. In the middle of my project, the owner decided to sell the apartment building to another party. Due to lack of payment on the project, I filed and recorded a mechanics lien against the property. The property sold (without my knowledge) the day after I recorded the lien. I am filing a suit against the previous and current owners as my lien expires in several days . Do I also include the title company and the escrow company in my claim? If so, under what statute?
Californianot sure if I can lein home with so many companys involved . Home builder, shell contrator , sub contrator, than me . Lennar home closing on house soon .
FloridaI’m a sub contractor just finish a first phase of lathing and submitting the invoice for payment , but my 90 days will be expire in a few days. So do I still send out the mech lien ?
CaliforniaI am a contractor who was approached by a client by phone to do some work on her house. Started out being just small service calls. Then she wants me to finish and fix stuff so they can put the house up for sale. All communications was by phine, text, and email as they currently are living out of state. They had always paid me so i never thought they wouldn't. She just kept giving me things she wanted done and i would do them. Well the last two invoices are unpaid and they are both 30 days over due. The husband got involved at the end and basically told me to get out and not come back till paid. Well still unpaid and now they are neither one communicating with me.b
IllinoisI have a customer that is not willing to pay his balance. I filed a mechanic lien on the property. He owes $900. My question is can I also sue for the cost of filing the lien and the time spent on trying to collect this debt? It will be a year next month. I have until then to file a small claims case against him if I understand the law correctly. Is their anything else that I can or should sue for?
OklahomaI work for a GC. I filed a Claim of Lien for a Job on March 18, 2021 and sent a copy of the filed Claim via Certified Mail to the homeowner that day. That copy was returned to us today, without a signature and the note "RETURN TO SENDER UNABLE TO FORWARD". My question is, does the copy of the Claim of Lien filed have to be sent and received with a signature by the homeowner, or can I simply send it through regular mail, or do I need to put in a different envelope and resend it Certified again.
WisconsinHello, I filed a Mechanics Lien and still have not got paid by the customer. I would like to proceed with enforcing the lien. If you can please put me in contact with local attorneys, thank you.
CaliforniaAs a homeowner, we signed contracts to have renovations to our house in Fall of 2019. Work technically began in Jan 2020, then ceased till April. Turns out the contractor had their license suspended for 3 months by the state during that time. In any case, work was provided off and on from late April till late July, though not complete per last contract signed mid May 2020. They submitted the 20 day prelim in mid August, about 25 days after last onsite date. About 190 days after prelim we have received a Notice of Claim of Lien. The "first provided services/materials date" is falsely filled with the date they were last onsite (late july, not Jan or even April when most work began). Do they have any legal standing? We believe they provided false info for the Notice of Claim so the agency would process it and bully us into an overpayment. A majority of the project was already paid for, and we would pay for what was provided but the asked amount is demonstrably more than services rendered. Thanks.
ArizonaWe're a contractor that did work on a residential home that was to be financed, the client continually delayed the job until past the expiration on their finance loan completion time and now their financing is cancelled we have fully funded their job with the intention of being reimbursed. The client the began claiming false statements putting the blame on us even though our contractual work is completed and the delays were no fault of ours and can be proven. We filed a lien on the property already but would like to know what we should do hereafter? Upon researching these people they have a long history of similar cases open against them totaling over 3 million dollars that has been ongoing since 2016 . I understand you offer legal services as well can someone call me with pricing please?
California