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Mechanics Lien Questions
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Mechanics Lien
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Our company has worked with one GC on two different projects. One project was an outdoor project in which the GC demanded that we use a material that we knew was unsuitable for outdoor use and advised them against it because we knew there would be future issues. We have gone back on 3 occasions to fix this project but still, more work is needed long-term due to their misstep. We simultaneously completed a second project with the same GC, to the homeowner's satisfaction and now the GC is withholding payment for the completed job until we repair the other project. We have assured the GC that we would happily assist with the other project once we receive payment for the job we completed but they are still refusing to pay us. Do we have any recourse in the situation? Please note that a preliminary notice was not sent.
TennesseeI am the supplier and a customer of ours has asked for a Partial Waiver of Lien (2nd Tier Company) can you tell me what 2nd Tier Company means.
MissouriOur company filed a claim of lien. We file the NOC and the notice of nonpayment along with phone calls. To save our rights we filed a Claim of lien. Now we are needing to know how must it go out to save our rights. Regular mail to all party's? Email okay? What is the correct way to send.
FloridaI constructed a fast food restaurant in a strip shopping center where the franchise owner only rents and does not own the space. We completed the project 12/27/2019 and the franchise owner is nickel and diming both our subs and us to death Most subs have been paid a reduced amount due to the owner demanding they reduce their fees and we have not received final payment. He has demanded we reduce our price also.
MarylandI did work on this project and me and few people who worked there didn’t get paid. We found out that the owner is losing to the property to taxes in two weeks and I was wondering how I would get paid. Does the town who will own the property in two weeks pay me when the sell it or does the lien just transfer it the new owner who would buy the property from the town.
New YorkHello,
Just wondering if the contract section below is in any way effecting my ability to file a lien against the General Contractor? (I am the Sub-Contractor).
13. Indemnity. In addition to the other indemnification provisions in this agreement, Sub-Contractor shall defend, indemnify and hold harmless Contractor, and Project Owner, and their affiliates, officers, directors, employees and agents, from and against the following, to the fullest extent permitted by law:
(a) All mechanic's and materialmen's liens, and all costs, attorney's fees and expenses incurred in connection with any such liens which arise by reason of or are related to the work or any part thereof.
Thank you
ConnecticutI filed a mechanics lien on a customer. They have not received insurance money and are going to pay me out of pocket while they wait for the money to come because they are very concerned about the lien affecting their credit score.
I've read that generally, mechanics liens don't affect a credit score but what does that mean. When would it affect their credit score? He's very concerned and asking lots of questions and I want to make sure I can give him accurate and clear information.
NevadaI just receive a notice of intent to lien from a contractor who we decided not to use on our project. claiming he time is worth $2000 and he never sent a complete bid and we never signed anything.
CaliforniaI'm a subcontractor, I completed all the flatwork for a new construction home. I have done multiple projects for the General over the last 3 years without any problems. This project they took my invoice and modified it, claiming they don't pay for incidentals, or materials used on their projects other than the labor to complete the project. I use the same template for every invoice and list the same line items on every invoice, which they have paid every time until now. They actually paid a portion of this invoice immediately upon receipt, but They are attempting to reduce the final invoice from over $6K to just over $1K. In correspondence they admitted that the bank and their customer both approved my invoice payment, yet they are refusing to pay. The job is also 3 hours from me, so I have a substantial amount of time, fuel, per diem, travel costs, labor, and out of pocket materials tied up into this project. What do I need to do?
IdahoHello,
We filed a lien through you for Kimberly Aguilar and she is now selling her home and the title company is asking for a payoff letter for the property. The letter has to show the balance along with any interest that may have been charged. It needs to state who the check needs to be payable too and where to mail the check. And lift the judgment on the house once we receive payment. Can you help us with this?
WisconsinIf there are no paper contracts can the guy cutting down my trees on my property file a mechanical lean on me
KentuckyOn a new home build does the builder have to notify the owner they plan to file a mechanic's lien before it actually gets filed with clerks office?
Can a "member" of the company file the lien for the builder company? As in, a contract is signed by 1 person that owns the building company, but then another person in the company files the lien with the clerk's office?
KentuckyHi
I hired a contractor to perform a job on a driveway/sidewalk. We did not sign any contracts. At the beginning of a job I paid him half the money in cash (forgot to ask for a proof). Village required both pre-pour and final inspection. Final inspection failed because the sidewalk is above the house foundation and there is absolutely no pitch(slope) away from the house, so it crates a condition where water can get into the house instead of flowing freely away from the house. The contractor is extremely hard to talk to and not too much willing to fix the issue.
He threatened however to put a lien against my house, which I think is ridiculous given the village failed the inspection. Can he even do that without us having any sort of contract? I keep sending him messages reminding the extent of the damage (it rained and water just puddles against a house).
On a side note can I just hire a different contractor to fix the issue without worrying the one I hired will change his mind sometime in the future and will reach out to me to fix the issue? I don't want to pay another contractor only to find out I can shot myself in a foot and pay twice for same work.
thanks !
IllinoisI received a car from the widow of a customer in exchange for money owed for work done on the customers fabrication machinery of which I was owed 10 times of what the car was worth. The title was missing and the car had multiple problems of which I have spent time and money to repair myself...now the widow's son from out of state says that they found the title and want money or they will report the car as stolen. There was no written bill of sale and the title hadn't even been transferred from the original owner. He lost the title when he bought the car and never transferred it. I live in Oklahoma. I last worked on the equipment within the 4 month period in which i can still file a mechanics lien but the equipment has possibly already been sold to a local shop. another thing, he owned the house she lives in and took a loan out against it for his business. He was not incorporated.
I now wish to file liens on the machinery in which the work was performed if at all possible..
Oklahomaperformed construction project on a 3 family residential rental property in New York. Does this fall under the 4 month or 8 month time limit for a mechanics lien.
New York