Notice of Intent to Lien Legal Questions

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Notice of Intent to Lien
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Roof repair completed August 6, 2019. Insurance paid 10K and I am billed $9K more. Insurance refuses to disburse balance due. Contractor sent Intent letter to Lien Mobile Home for unpaid bill. Per FL Statute 713, I can withhold monies until Contractor ascertains all people participating on the project have been paid. I sent Certified letter to Contractor asking for a list of subcontractors, sub-subcontractors, suppliers and material-man about 2 months ago. No reply. Yesterday, I sent new Certified letter asking for Contractor's Final Payment Affidavit before I pay final bill to make sure who remain (if any) without pay. Still have not heard from Contractor. Looks to me Contractor wants to file lien without giving me this info. How can I protect myself and properly pay outstanding bill without knowing whom (subcontractors, sub-subcontractors, etc) participated in project, the pay they deserve and if they are paid in full? I need to stop Contractor on its tracks (I am under the impression they probably want to charge me interest charges, like if I am a money printing machine and that's an act of bad faith) and stop further modifications to the filed lien if it goes through. Thank you for your response ...Read More
FloridaConstruction ContractLien DeadlinesLien ForeclosureLien ReleasesMechanics LienNotice of Intent to LienPayment DisputesRight to Lien
With 90 days to put on a lien, what is the best time to send a Notice of Intent to Lien ? Thank you....Read More
FloridaNotice of Intent to Lien
My husband is a prime contractor, that contracted directly with the homeowner on a deck remodeling project recently. His last day of labor was 8/16. The home own misunderstood the original estimate he agreed to, and was unhappy with the (in his opinion) quality of work conducted and asked to cease the project which was 90% complete already. We have requested that he compromise and pay and additional $6900 for work already performed, and have discounted from the total due nearly $5000. The estimate was send to the husband via quickbooks, and acceptedwithin the system. He has paid multiple invoices sent from the estimates in quickbooks as well, aside from the last invoice that is still outstanding. Are we able to file a lien? What is the requirement that we must send the contract to the county clerk? I read that might be for new construction only but am not sure? Would it be the lien that goes to the county clerk? Can you help us clarify what our next legal steps would be? The work we provide is only of high quality. We have never had such a compliant- this is clearly the home owner being distracted, not understanding what he has agreed to, and wanting this work for free. ...Read More
TexasMechanics LienNotice of Intent to LienRight to Lien
When we bought our home in 2015, the neighbor's chain link fence did not follow the property line, and about 16 square feet of his property was on our side of the fence, which we did not know when we bought our house.  The 16 square feet allowed access to a gate which straddled both properties.  Our neighbor recently demanded access to this fenced-off part of his yard, so we paid to have the fence and gate moved to give him access.  Now he's threatening in writing to put a lien on our property because he doesn't approve of the manner in which we moved the fence and wants us to pay for added improvements on his side of the property line.  We'd like to discuss our rights since we are currently under contract to sell our property.  Thank you!...Read More
FloridaNotice of Intent to Lien
I am a Sub Contractor working for a company that is NOT the GC. ( so I would assume they are sub contractors aswell). I did not file a notice to owner when starting this project in Mississippi back in June 2020. I have a feeling do to payments dragging the company I am providing labor for only is not going to pay me for work completed( we are at number 95% right now). Can I still sent a notice to owner ( I only know the GC on this project not sure how to find out the owner)? I also have change order which I still need to submit after completing that beginning of Sept 2020. And last I am still owed retainer which normally only gets released 45- 90 days after completing my scope of work which will be done by End Sept 2020 First week Oct 2020. As a note. This construction we are doing is a extention of a existing property. ...Read More
MississippiChange OrdersMechanics LienNotice of Intent to LienRetainageRight to Lien
Well, I went thru an adversary proceedings over a tuition debt. The proceedings took over two years to get a ruling, in which the judge ruled in my favor. Now when I filed for bankruptcy it was only in my name not my husbands, but the case proved that I was the primary care giver for our kids. I discovered that a lien was placed on the property only in his name after I tried to refinance the loan to include money for needed repairs to the property....Read More
IllinoisBankruptcyLien DeadlinesLien ReleasesNotice of Intent to Lien
We work in many states, how do I know whether a Preliminary NOtice applies to Engineering Firms?...Read More
New JerseyLien DeadlinesNotice of Intent to Lien
I got a call from a layer stating that it's against the law to file a lien on a residential property if a homeowner has paid the GC. We were hired as subcontractors from the GC, but the GC has not paid us and refuses to pay us. So we went ahead and placed a lien on the unpaid work we did (residential home). Am I breaking the law?...Read More
PennsylvaniaMechanics LienNotice of Intent to Lien
Tried to get an approval from the city for a homeowner...Read More
FloridaNotice of Intent to Lien
Subcontractor signed a subcontract using an old expired company name, and on the Notice to Owner as well as Notice of Intent to Lien, it's the new business name. There are accepted invoice verification and notice of assignment (listed the owner's name as well) to prove that the general contractor is aware of it's the same subcontractor. Questions: - Are the Notice to Owner and Notice of Intent to Lien in good place? - Would the Mechanics Lien be fine if lists the new business name? - Would the subcontractor has lien rights after receive Notice of Default and Notice of Termination? Thank you in advance!...Read More
ArkansasNotice of Intent to Lien
I live in Lynn Haven, Florida and a subcontractor placed a lien on my home without sending me a Notice to Owner. What are my options? I didn't think the court house could file that without the proof of notice to owner....Read More
FloridaNotice of Intent to Lien
This question is probably not one you are used to getting but here goes: I see your site is primarily for general contractor's, but I am being harrassed by a Pool Service company (so she is not a GC, but rather she provides a 'service') who is threatening to put a lien on my home over $75. Her business address comes back to a UPS Store address. She is threatening that if I don't respond to her text within 24 hours, she and her attorney (her uncle) are going to slap a lien on me. I cant find anything about the validity of her 'license' number and she did not complete the job. She quoted me one install fee ($75) while I was her customer and then doubled the install fee (to $150) after the fact when I fired her (or told her I was looking for a new pool service). I fired her because she had not completed the pool pump install after two weeks. Can she really file a lien on my home over her 'newfound' fees? ...Read More
NevadaNotice of Intent to Lien
My girlfriend purchased a vehicle from her roomate and is making payments. The seller (roomate) wants a lien as a form of contract between them for the total claim of $8,000. After reading I see that her roomate needs to send an official Notice of Intent to Lien before we get to filing this claim, so my question is how do we find the forms for the notice and thereafter for the Lien, and how much information is required since it's only involving the sale of a vehicle between private parties?...Read More
ColoradoMechanics LienNotice of Intent to Lien
I am a contractor who needs to terminate my sub-agreement with a designer who is under contract with the homeowner for a project. I am responsible for the removal of the popcorn ceiling throughout the unit, some skim coating/texturing work in the bathroom area, and painting throughout the unit. There is another GC who is responsible for the renovations to the rest of the bathroom and the kitchen. My reason for termination is complete and total incompetence on the part of the designer and her GC. In fact, I believe the GC has purposely sabotaged our attempts to complete our portion of the work being done. We were first in and removed the popcorn ceiling, skim coated, and final sanded within the first four days. Since that time, I have been jerked around, lied to about progress on other components, and have been put under pressure to do things that are not in my agreement nor am i insured to do. In fact, the designer has also tried to get my worker to do things for her while I’m not there - things that I already said “no” to. This is now going on two months. I, or my worker, have shown up to continue doing our part of the contract only to find out that we were lied to and the work by the GC that needed to be done was not done. After a nasty conversation with the designer this morning who threatened to destroy my reputation online if I walk away from the painting portion of the contract, I need to know what my options are and the proper steps to move forward. Even though my proposal was a lump sum proposal and did not break down the individual components by cost, she owes me money for the work already completed, materials which were just purchased, and trip charges for the 7 times that I showed up in the last two months to work and could not. Please point me in the right direction... Best regards -Ed...Read More
New YorkConstruction ContractMechanics LienNotice of Intent to LienNotice of TerminationRight to Lien
The Investor was planning on buying a house and I had equity invested into the house. I didn't want another company come and take the house before the deal was finished. But the Invest backed out and I want to remove the NOI and I don't know how to....Read More
FloridaNotice of Intent to Lien