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Notice of Intent to Lien Questions
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Notice of Intent to Lien
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We are a steel contractor with a contract to fabricate and erect an industrial project in TN (private sector). Our customer is a General Contractor who is working for the owner. We are nearing the end of the project and our customer has been slow to pay and we have ~$250k in Change Order Requests outstanding. I want to ensure that we preserve lien rights because we may need that pressure to get paid and / or get change orders approved. If work commenced on 4/3/2020 do we still have lien rights?
TennesseeRoof 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
Floridadoes my father, water well driller, need to file an Intent to Lien prior to filing a Mechanics Lien?
my father as an independent contractor drilled a well on a newly constructed homeowners property. first well was a bust and then the homeowner gave my father permission to drill a second well. halfway through job completion, landowner told my father to stop drilling. he never paid him for any work or labor completed and he hired another competitor to drill a 3rd well. my father will be filing a Mechanics Lien on the property until payment is made. does he need to file an Intent to File first?
IllinoisWe performed work on a job that recently filed a NOC. We have not been paid in full on the work performed. We were hired directly by the owner. We filed a prelim notice when the job started, however, upon some recent research, we found that the owner refinanced there lending mid project. Therefore, we are in the mist of filing a stop payment notice, however, because our prelim was filed with the original lender, this is who would receive the stop payment. How do we proceed with something like this? Do we update our stop payment notice to note the new lender? Even though we did not send a prelim to them. We have already reached out to the owner and asked for payment and they aren't responsive.
CaliforniaI’m a small California GC and about two months ago we installed some large patio doors (6’ and 9’) soon after, we noticed some overspray from the factory. We called, set up a service call and I then invoiced client for full cost of installed doors. Client then complained that door was difficult to lock, normal in new fiberglass patio doors, and has held back payment that was invoiced, around 6k. Two months later, manufacturers service tech comes out and brings the wrong panel to swap and adjusts the door to where they told me it was operating within parameters.
Lots of other small things have also occurred and I need to get out of there ASAP but still have about 25k of areas left to do. With the Coronavirus alive and well here, emotions are crazy and I need to make the right decisions. Btw, we have a signed contract as well as 9 CO’s and counting.
Californiacan i file file a noi against a bank for failure to pay on a construction loan
TexasI did work for people I know as well as bought product the job I was working on, they backed out of the agreement and now refuse to pay me for the work that I have already provided what are my options
MinnesotaMy father is a contractor, and was agreed to do a job on a nearby house to build a ramp. He has a contract with the person who hired him; however he still hasn’t been paid the full amount both parties agreed on ($20,000). What type of lawyer can I search for and is there any advice on how to proceed? I assumed construction lawyer (hence why I’m on your website), but if I’m misunderstanding — kindly advise me on where I should be looking instead.
Please let me know, thank you.
New YorkWe are in a circumstance with a GC who has not paid us. Upon information and belief the GC may be filing for bankruptcy protection. We have no contract with the GC. We have received NOTHING for this job. Outstanding is almost $14,000.
Notwithstanding we have no contract, we sent the homeowner and NOI. In response, the homeowner wants us to order the final Electrical Inspection. They are holding back enough money that they can pay us directly. However, do not want to release funds until after inspection.
We need to ensure we will get paid immediately after inspection, or have the right to place a mechanics lien.
We also belief they may have asked a non-licensed electrician to perform other work since we were last at the worksite. We were last there the end of February.
Again, we are a sub-contractor on this job. We should also consider the GC need be a party to the agreement. Among other things, we want to make sure we preserve any rights we may have against the GC.
Let me know if you handle this sort of thing, or can recommend someone.
MassachusettsI'm the trustee to my Mom's estate. I recently listed her property for sale. I've had some minor house 'contractor' cost to spruce her house up. I hired a local guy that was "starting his own home improvement business". No contract - just verbal/FB messenger/text. We agreed on $800 to kilz and then paint most walls/ceilings white. After several inspections of work/touch ups he left the job unfinished and in worse condition. He short cut the project with a cheap all in one kilz/primer/paint - which was not what I asked for. There is now paint on all wood floors, trip, fixtures etc. I asked that he fix all the patches by rolling the walls out with one more final top coat and clean up the paint splatters. He didn't. He is now threatening me with a mechanics lien on my Mom's property. It will be selling/closing in the next three weeks. He will not give me his insurance policy number. I have photos/video of the damage. I've been able to put a top coat on one room myself but I think I will need to hire a new contractor to fix the damage and another to clean the floors. It was a verbal pay on inspection job. I haven't paid anything. He is now telling me I owe the cost of materials too which was NOT our agreement via facebook message. I feel like my hands are tied and my Mom's property is left damaged yet, he can slap a lien on the house to enforce payment but I have no rights to fight it? Should I pay then take him to small claims court to prevent the lien? Can I sue since I'm just the executor of her estate and the work took place in her home? Can he put a lien on the property when technically the owner of the home, my mom - didn't 'hire' him?
OhioVerbal contract which included several things: grade yard after removal of pool and soil compaction, removal of trees and hardscape. Price quoted included a large tree he then refused to remove. We paid another contractor. He will not adjust our price, likened us, and will not show receipts for the fill dirt and its delivery.
ArizonaI am a GC who entered into a contract to construct a restaurant for a company leasing space in a building. No direct contract with the owner of the building. Do I need to file a Notice of Intent to Lien in CT or can I just file a mechanics lien
ConnecticutWe sent an Intent to file Lien 10 Day notice to the email on file. Does that count as the required preliminary notice?
TennesseeIf a due date is not until 7/3/2020. But Level set wants to send a "Notice of Intent to Lien" is it best to send these before the due date or after the due date has passed? For example, New York.
New YorkI have concerns about a contract's language regarding my lien rights. The job is located in Mississippi. We are a business located in Wisconsin. We would be a sub to the General Contractor (who is also the owner). We have never seen language like this in any contract and I am uncertain as to
what the language actually means. Is this language particular to the State of Mississippi?
Is the notice the contract speaks of actually the notice of intent to lien?
The language in the contract reads as follows:
part (D) - For any lien right Subcontractor may claim or desire to assert against Contractor in accordance with the terms and conditions of the subcontract or otherwise, Subcontractor must first provide Contractor with written notice of a claimed legitimate dispute between the parties hereto by giving Contractor 45 days prior written notice of such claimed dispute, , which note shall set forth in particular detail the nature of the claim, the proposed amount of the claim and demonstrates that Subcontractor is not in default of any of the terms and conditions of this Subcontract. During said 45 day notice period, Subcontractor and Contractor shall use reasonable efforts to resolve any such claimed dispute, failing in which, Subcontractor shall provide 15 days prior written notice to Owner of the property and Contractor that satisfactory resolution of the claimed dispute has not occurred and that Subcontractor intends to file a lien against Owner's property in accordance with the terms and conditions of this Subcontract or otherwise. Failure to provide the notices required herein shall constitute a waiver of Subcontractor's rights to file any lien against the Owner's property. The provisions of this section are not intended to grant to Subcontractor any additional line rights other than those provided by statute. All such notices required by this Section 13 (d) shall be sent by certified mail, return receipt requested.
Mississippi