If a business with one physical business address falls on a piece of land that is split between 4-5 multiple plots with their own unique APN's and Situs Addresses differing from the known business address, which address should one use for notices, especially when they divide the building and you regularly do work all over the building? Should the address on monthly notices and legal descriptions reference them all?...Read More
We were a sub sub contractor . We offered disposal. We have three invoices overdue. Two were for work done in February, one in March. I am sending a 2nd month notice for the work done in /february but the language on he notice asks for amount currently unpaid and "For all work that has not been paid, list the month(s) when that work was performed at the Property:
Does"all" mean just for the month of February, or total owed?...Read More
I am a licensed contractor in Maryland and my contract calls for 24% interest on unpaid balances when they are past due.
Is it legal for me to charge the 24% interest If it's prejudgment? And once I get a judgment then the interest rate would then be at the legal rate in Maryland.
Or do I have to change my contract so that it's at the post-judgment interest rate from the date of the default....Read More
Monthly "Forms" as a Sub-Contractor hired under contract by the Primary GC after Jan 2022. I should be Sending 1. Initital Notice of Contractual Retainage or is it now Reserved Funds letter which I send prior to issuing our first draw once project begins? (Re: the 10% retaiange withheld from pay applications monthly. 2. Lien Waivers - Send Conditional with pay application monthly, and send Unconditional Waivers once funds are received and processed. 3. NEW - NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIALS is this form only sent IF payments are not received and should be sent on the 3rd month after non-paymnet, Is that correct? Or are they being sent with the Pay Applications in leau of Waivers?...Read More
General Question. We are an equipment supplier and we only rent/lease/sale equipment to our customers (subcontractor). Our business structure is to bill on a monthly basis. When equipment is rented we receive a contract with a job address that the equipment is on at that time. However, the equipment could potentially move to different job locations throughout the month. How do we send out monthly notices and potentially file a lien with our business structure?...Read More
We are a supplier on a commercial project in TX. We created a custom ceiling for the developer/owner. Typically we ship FOB factory, with title passing at time of shipment. Occasionally, when customers are not ready to receive the goods, they will have us store them temporarily. In this case, the customer asked us to store the completed goods. We consider that title passed when we put the goods into storage, so we issued the invoice. Does TX agree with that? Can we send the preliminary notice though we still have physical possession of the specially-made goods?...Read More
Hello, I have a customer that we did work for from June to October and refuses to pay. She claims there is additional work required however, the work she wants done was not included in the scope of work on the estimate/contract she signed. We have sent numerous invoices and I filed an Affidavit of Lien on Homestead on 11/1. What do I do from here? I'm unsure if I missed a step or if there was a different document I needed to complete. My intention is to file a constitutional lien and sue to collect and foreclose....Read More
Hello, I would like to have a better understanding on how often we should send non-payment notices in TX. For example - if work has been done in July and August of 2022. July non-pymt notice was due by the 15th of October, (and imagine it was sent); and August is due in November. So when we ready to send August non-pymt notice by the 15th of November - do we need to sent July notice again or should we only send it once (which imagine was already sent in October) ??...Read More
This project was done for the housing devlopment. The developer was listed as the owner. Because it had a street address when that home was sold it was marked as possible residential. We are now being told we have no lien rights because the last notice sent should have been residential not commercial even though the work was not just for the house it was for the entire development. This raises concern for the multitude of jobs we have for new housing development. At what point if any should this have been listed as residential? Should new housing developments be listed as residential or commercial?...Read More
I have a job that we did in July ... We performed the work and invoiced the Job 100% Minus the 10% Retention in July... I sent Notice of the unpaid invoice on 9/15/2022 and now the Level set system is saying that I must file a (Lien) Notice of Bond Claim on 10/14/2022. It is also saying that I must file a written notice of claim on retainage 10/28/2022 ...... I'm very confused and could use some insight from a professional. I thought that the notice due in October would have been the 3rd month notice for the unpaid work in July.... Also ... when we send notices, they always include the amount for Retainage, so why is it necessary to send a separate notice ... And why the heck would you even bother sending a separate notice for Retention if you had already filed a lien .....Read More
There's a lot to it but in short I did the job of delivering this woman her property from another state and she has outright refuse to pay me anything. I've got all my proof together and all my exhibits 1 through 20 laid out but I need to write an affidavit and I'm not sure what goes in the affidavit is the affidavit my account of the facts that have already occurred or is it my side of the story in detail? Is the affidavit my claim as to what the defendant owes me and why or is it just the simple fact of I completed the job on the state of this time for this person and this person has refused me payment. Or is it in depth facts listed by chronological order and dates and times of the occurrence itself...Read More
I've been catching up on the new changes that were just signed into law in Texas, and I'm concerned about the elimination of the 2-month notice requirement on commercial projects. I'm considering continuing to send the notices anyway, but I've heard the term "tortious interference" get thrown around. Is this something I should be concerned about? Will sending that notice still benefit me? I appreciate any guidance y'all can offer. Thanks!...Read More