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Notice of Intent to Lien Questions
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Notice of Intent to Lien
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Our company provided labor and materials to a company which makes vessels. They paid only the deposit and have not paid the balance on the invoice after 30 days.
North CarolinaI am a retired Licensed Builder, in the state of Michigan. I currently operate as a Handyman service.
Recently, a friend of a friend recommeded me to repair an "old crooked wooden fence eyesore" and install new adjoining wooden fence to be close in appearance.
Homeowner bought most of materials, (not all) and paid for all required rental equipment.
I didn't really require a up front deposit of 50% ("friend"/trust???), but my friend suggested to homeowner it would be best, which I appreciated.
Many unforseen problems with out of alignment wooden older fence, but it was corrected to homeowners satisfaction, before starting newer thicker wooden fence install, Spent more time and labor on older wooden fence.
Before, completing "older wooden fence" homeower requested additional home repair/maintenance services, because they appreciated my attention to details.
On November 28, 2020, we ( included two helpers) completed all work as requested. Homeowner provided me with a check for the work "we" had completed. The Problem was that the check was for the original estimated balance, plus $200.00... that homeower "hoped would make me happy", she states.
I told the homeowner that I had not determined the final balance of additional requested services, and would advise accordinngly.
Homeowner, was not happy, that I had not cashed the check, after a few days. Even after I submitted Final Balance including every thing, viaDirect Message to cellphone, with some "No Charge concessions". Homeowner stops payment on original check and remits Cashier check for the same amount. I didn't discover this until after the Holidays, thinking homeowner had included a little "extra to make me happy", again.
Homeowner refuses now to respond to Direct Message via her cellphone, So, I sent a 5 page Notice to Set the Record Straight (Certified).
Homeowner responds, with copy to attorney, saying I was threatening to: 1.) file a Mechanics Lien/Small claim court 2.) she would call City Inspection ( ignoring the fact that I told about inspections. that she refused) 3.) I am unlicensed and require a written contract ($600.00 or less) 4.) Saying that she "hope that would clear up thematter".
Q: How would this matter be view via Michigan House Bill 4282?
More specific details can be provided.
Respectfully,
AAA+ProHanDyHanDs
Hjean Williams, Executive Project Manager
3900 Hammerberg Road - Suite 329
Flint, Michigan 48507
MichiganHello,
We have a contract in Wisconsin with KSW Construction. The situation is as follows:
Contract amount is $74,550, of which we have been paid $63,275.00, leaving a balance of $11,275.00 (before including our Change Order). Once we include our Change Order for the additional labor done on 3 demising wall openings in the amount of $12,000.00 (which has not been approved), this brings our total contract amount to $86,550.00, bringing the total amount stilled owed to us to $23,275.00. Once we take into consideration KSW's deductive Change Order (which I will not sign until they sign ours) in the amount of $11,320.00, this lowers the amount owed to us to $11,955.00 (assuming all goes as planned). Our last day at the jobsite was 27NOV,2020.
I was under the impression that along with the sate of Illinois, we had 90 days from our last date onsite to submit our preliminary notice to the GC. I was just informed by our Illinois mechanics lien attorney, Steve Goba, that each state has its own mechanics lien regulations/restrictions. Your help in this matter would be greatly appreciated. We really would want to lose out this money owed to us.
Call me or email me at your earliest convenience if you have any questions. Let me know what documentation i'd need to share with you guys.
Thank You
Ivan Colin
CML Commercial Carpentry, Corp.
Company President
713-303-8388 - cell
ivan@cmlcarpentry.com
WisconsinA Construction Management Consultant to the GC on a project is demanding our customer Invoices and Proof of Deliveries (which we have) before issuing the Conditional Final payment amount. Our customer has agreed to an overall aging report on the job which we provided to them, but our customer does not want them to have the itemized Invoices. We value our customer and they do not want the information shared. Our Notice of Intent to Lien has been filed.
CaliforniaWe have been a licensed HVAC contractor for 30 yrs. We have a GC who has hired my company to do the HVAC in the past for 20 yrs. Now, he used our license to get his main permits to build a house. And, we didn't get the job. Only after we were told that he pulls the permits for planning. That his intentions is for us to have the job. But, I kept calling him on this one and he would make excuses for 4 months as he had no intentions of using us. Now, that he used our license to get the main permits. I, believe he owes me at least $500.00 - would that qualify for a mechanical lien..
FloridaWe are a company that does remediation of property when there is a suicide, etc. This particular situation, someone committed suicide and called us for clean up. We always get homeowners insurance info from the owner and have them sign a consent for us to be paid by the insurance company. They gave us the company, which we called. We have the agent that has their insurance but the homeowner has to start the claim. We have called and left many messages for her to call as well as email her. She has never responded until we had you guys send a letter of intent to lien. We would like to know how we should respond to the email she finally sent back.
GeorgiaHe is an architect, a design professional, with a contract directly with the client. He has been paid nothing. We know we have 90 days to file a lien. 89 days which would be Wednesday March 3. Do we need to file a preliminary notice or intent to file a lien prior to filing one. if so what are the deadlines we need to meet. The property is located in Bibb county Georgia
Thank you,
GeorgiaWhen we filed the preliminary notice the G/C name is A Contracting, Inc. But I think they change to b Builders, so I just put bBuilders when I order the intent to lien, is that right?
CaliforniaWe have a construction project in Georgia where we are submitting monthly pay applications. We have not been paid on application #2 and it is nearing 60 days from the time the application was submitted, however an interim lien release has not been requested for that specific pay application. Since the interim lien release was not requested or completed for this specific pay application how long would I have to file a lien or notice of non payment for this pay application if interim lien releases have been filed on all other pay applications for the project?
GeorgiaWe were doing a "lease to own" with the "to own" part agreement in a handshake (we have learned our lesson there). Now the owner wants to sell the home for almost three times what we had agreed to 10 years ago. We have no problem moving, but if we had known we were not going to own, we never would have put in the landscaping. We have asked him to compensate for the 35 trees that are 10 years old, some 30' tall, Over 3000' of irrigation and electrical in the ground, 140' of black wall 4' high, shrubs, firepit, paver paths, sidewalks etc. I would like to put a lien on the property. We have tried to talk to him, he will only text and ignores our requests. Short of cutting down the trees and taking our firewood, I thought a lien might be the better way to go. Do I need to do a 20 day prelim?
ArizonaI'm a subcontractor working on a large commercial project. They continue to promise us payment but nothing for over two years now. I am no longer a licensed subcontractor but I would still like to get paid for this project. Am I legally covered if I were to send a notice of intent to lien followed by a Mechanics Lien?
IllinoisWe had major issues with a contractor to complete the storm damage on our property. It took our contractor 14 months to finally complete the job and now he seeks the full remainder that we owe him. Yes, the job is finally complete, but it was a huge hassle on our part to constantly stay on top and push to finally have it complete. The initial contract was for $8500, then there was an addition for $6500 to cover additional service on the house. We paid $4000 of the initial contract up front and full $6500 for the addition. Theoretically, we owe them $4500; however, I feel like they should not be paid a full remainder because it took way too long, and we had to constantly push and push to have the job finished. I suggested a 15% discount on the initial contract of $8500 which I thought was very reasonable and generous on our part for just how late this job was completed and all the hoops we had to jump through to have it done (+ there are issues with installs and some damage left on property); however, in return I got a notice that they will file a lien on my property if I don't pay the full amount within 10 days. They are referencing an IL Mechanics Lien Act. So, they have an act that they can rely on and apply to get their money back. What rights do I have as a homeowner in such a situation? The contractor is not deserving of a full remainder amount we know we owe him. There should be some adjustment applied and I thought paying 85% of the job that took 14 months to complete is reasonable. There was no mentioned in the contract when the job will be complete, but we trusted the contractor it will be done within a reasonable time. We signed the contract in good faith. Can you please shed lights into this matter for us so we could understand what rights do we have as homeowners in IL in such situations? These contractors feel that they can do whatever they feel like it because they are protected by that mechanics act. How is the consumer protected here? Do we have any rights?
PS - I did tell the contractor that this is not that we're refusing to pay the amount, we just want to pay the just amount given the circumstance. We have no issues paying the adjusted amount as long as it's an honest portion.
IllinoisAs the homeowner who received a notice of intent to lien, what are my options if the agreed upon/contracted work has NOT been completed?
Only the roof and gutters have been complete.
Garage door, fencing, deck work and painting have NOT yet been completed.
$12k of 13k+ has already been paid to the contractor. The remainder upon which the Notice is based was contingent upon final completion of all jobs.
ColoradoI am an Owner of a 3 Unit Condo Association in Brighton Massachusetts. Our Association recently voted (2 out of 3 approval - which is Majority vote) for a Rodent Extermination Service. The payment for the Rodent Extermination Service was through a Special Assessment to all 3 Unit Owners. The Unit Owner who voted against the Extermination Service, withheld a portion ($133) of the Special Assessment dues in protest. Does this qualify to be able to file a Mechanics Lien for the outstanding dues?
MassachusettsDid a remodel job the owner never paid I already filed the 20 day notice need to know intent to lien has to be notarized
Arizona