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Mechanics Lien Questions
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Mechanics Lien
All States
If a unlicensed GC hired you as a laborer to install the drywall in a slow building 3500 sqft custom home he was hired to complete.
He agreed to pay 50% of the originally estimated contract of $16000 in quarter payments as the work progressed accordingly. The job has taken over a month to complete and with only 2 closets left will be done tomorrow. I have only been paid a total of $900 so far and that was 3 weeks ago. Yesterday I was told that the homeowner only owes another $2500 for the job and that will be split between the 2 of us which will ultimately end up a payment of $1250 and a total payment of $2150 for what I've counted out to be 64 days of work and just under $40 a day.
This job is 3 hours outside phoenix (home) and granted the GC allowed me to stay at his house for the duration of the job I still paid all my own travel expenses and used my truck to and from the job site and etc...
What should I do at this point?
Should I approach the homeowner directly even though I'm not the one contracted got the job?
Do I start the process on a mechanics lien against the homeowner now to ensure I meet the deadline to file? The state of Arizona doesn't require a preliminary notice be sent, but it feels wrong to go to such an extreme without even talking to him first...
Or do I file suit against the one who brought me in on the job ?
He doesn't have a contractors license or any certifications so I'm not even sure I can do that, not to mention the state of Arizona considers any job taken by an unlicensed contractor that pays over $700 a felony so if I file a mechanics lien claiming to be unpaid subcontractor that would leave me open to felony charges and in worst case scenario could lead to possible prison time.
I was hired as a worker to assist on completing a job but can't accept a payment that ultimately doesn't even meet minimum wage for an out of town trip no less.
ArizonaWe performed a mitigation project in a home in July 2021. I filed a lien on a property in October 2021. However the property was sold a few days after we completed the project. Is my lien valid or do I have to pursue other legal recourses such as going to small claim's court or press charges for theft of services. Thanks.
IllinoisWe completed a job for a charter school (owner) which was completed and billed on 09/30/17. When is our first notice due.
TexasI had a builder order a large set of kitchen cabinets for 10 or so individual homes. When the cabinets arrived, I installed 6 of the homes. The last 4 were already done by another supplier. When I asked the builder they said to get them done by Christmas deadline they had to get another supplier. I asked for payment on the 4 they asked me to order and they said they would use them on another home. Its been a while and not looking likely. I has the cabinets, and asked to deliver them to the builder and they have refused delivery. Do I have a right to claim a lien?
New MexicoA material supplier is threatening to file a lien on a project if not paid all oustanding invoices as well as accrued finance charges. Can the supplier refuse to provide an unconditional release if I make payment on the invoices, but do not pay the finance charges?
South CarolinaMy Contractor has abandoned my new residential home construction project. As a residential home Construction Customer, with an extended Construction Loan, my Bank is in New Mexico, and my new home is in Georgia. The Bank states an Attorney can help me comply with Georgia's process of replacing the ex-Contractor on this project. What are all the steps required to replace him? Is an Attorney required to replace him?
GeorgiaI was hired my Joe Smith to perform work and didnt have a contract, Do I have rights to get paid via lien rights in Texas?
TexasWe had a flood and hired a preferred provider from our insurance company. The general contractor we hired was in April 2021 and they have not finished the job. They said we owe them money for what they did complete but they are not going to finish the project and return our home to pre loss condition. They said they are going to file a lien on our home. The last time we saw them was in August 2021. They keep sending up invoices saying we are past due.
MissouriWe had a flood and hired a preferred provider from our insurance company. The general contractor we hired was in April 2021 and they have not finished the job. They said we owe them money for what they did complete but they are not going to finish the project and return our home to pre loss condition. They said they are going to file a lien on our home. The last time we saw them was in August 2020. They keep sending up invoices saying we are past due.
MissouriI did work for a guy that never paid me for his roofing or painting that we performed. I filed a lien and tried to enforce it but the courtroom was down due to Covid. The lien expired. He still hasn’t paid and i was wanting to know the next step to recovering payment.
South CarolinaAn Indiana question: I am looking at this for two types of companies (providing residential not commercial work): an HVAC/Plumbing/Electrical provider and a General Contractor who primarily does kitchen, bathroom and basement remodels. A) On this site it states that a mechanics lien can be used for work that is a “permanent improvement.” I can see a house foundation as being permanent. However, does the above work qualify for a mechanics lien in Indiana due to the fact that after a period of time it would possibly be replaced? B) Also on this site, it states the mechanics lien is good for 1 year. 1) Is that true? 2) Does that mean it has to be re-filed each year? 3) Is it able to be refiled? C) Is the outlined mechanics lien strategy affected by the Indiana Home Improvement Contract Act; in what way?
IndianaI did a job for someone as a corporate construction company and I am the prime contractor. I recorded a lien for $7000 on their property. I have 90 days to file motion with court now to collect on my lien. Needed some advice on what forms I need to file with the court to make sure it's all done correctly. Thanks!
CaliforniaI'm a subcontractor, provided labor (installation of mechanical solar) in IL, last day on site 12.3.21. Receivable 50 days past due (80 days from invoice). Site owned by School District, but work contracted with GC. Can a mechanic's lien be used? We provided labor and have open Receivables on 2 projects/sites with the same customer. Will 2 liens be required?
IllinoisI am involved in a dispute with my general contractor. The work was performed on my coop apartment in Manhattan. The original signed contract stated "if there are any change order forms will need to be paid in advance." I was assured that a few last minute items would remain under $10,000 and I asked repeatedly for a change order but the contractor did not provide and executed the changes. Upon completion I received a change order for roughly $40,000 and thee detailed scope included many items that I believe were covered in the original scope. We could not reach agreement and today I was notified that there is a mechanics lien. Am I responsible for the change order? How can I best dispute this?
New YorkWe have a contractor that was hired for tile work in our bathroom. He tiled our floor, which was paid for. He started our shower and laid the tile for the shower floor, however it is a hack job (we have pictures) and no pitch was done to allow water to drain correctly. Grout has not yet been done either. He has done 1 out of 3 walls in the shower, again a hack job with large gaps in between tiles. Again no grout done. The agreed upon payment for completion was $1750. He has already received $500. However the floor needs to be completely redone (because of the pitch issue). This means $330 of tile has to be removed and repurchased. We have asked him politely to pick up his items and not return. He believes we owe him more money for what he has done; however has provided no invoice. No contract was ever signed. And he has been working on this for 2 weeks. I have lost $1000 in income from having to be home while he is working. And I still do not have a functioning shower. He is threatening to put a lien on our house. What is my recourse?
Florida