Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Upcoming Webinars
MAY
08Ferguson’s Mission-Driven Leadership: How Purpose Powers SuccessLive Webinar: 10:30 AM CST
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Notice of Intent to Lien Questions
All Status
Notice of Intent to Lien
All States
I am a sub-contractor for a Pool company, building their outdoor structures. We fronted all materials and labor but then had to wait on them to complete decking, electric etc before we could finish the last 10-25% of our responsibility. While waiting, and after requesting partial payment (which they paid), we had a meeting to discuss pricing and made a verbal agreement which they are now backing out of. We were told we would have to get an attorney to get paid the remaining portions so some jobs were left unfinished, while 100% completing others that have also not been paid for. We gave them a job credit in fairness on unfinished projects but still they wont pay the agreement made in the meeting. I have filed the first monthly notice that Texas requires and have about 3 weeks to file the lien. Would it be best to send a demand letter first since I still have time to send a lien notice? And since the agreement was verbal and not written, is it best to stick with the initial charges before the meeting? (which winds up being more, actually).
TexasCompleted the workmanship and Invoiced on 11/17/2023. We have received from Contractor two payments since August 2022 and not the full amount of invoices. 1. Do we include the 10% retainage on total amount due? The total amount due including retainage $34,139.43 (10% Retainage $11,200.00) 2. We have not received a date from Contractor if there is a final touch up for any workmanship to complete.
TexasMonthly "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?
TexasWe haven't received payment from the General Contractor who hired us. We had never sent the homeowners or GC a preliminary notice. Its been about 90 days since we have been waiting on payment. Am I still able to send a preliminary notice? Or can I just go ahead and said a Notice of Intent to the homeowners and GC?
IowaI am the property owner of my residence in Palm Springs, CA and I hired SuperNova, / Norell Walker as my contractor to work on the landscaping and yard of my house. The total was $32K and he required that i pay him 2 payments total of $25K prior to the work being completed. This is for outdoor concrete pours, overlays and turf/rocks installation.
We started the job on 4/4 and his subcontractor has not returned since 4/20 and I am left with a job about 40% done ($15k worth of work) and have paid already 78% of the project fee. I have attempted several times for weeks to contact the contractor and he has been avoiding my calls/emails/tests. He denies that I have paid him and he claims he has paid his subcontractor already. This contradicts what his sub has told me which is that Norell still owes him half the money.
Furthermore, this contractor has previously been in trouble with the SEC for fraudulent activities, selling penny stocks in a scam company based out of Long Beach. https://www.sec.gov/litigation/admin/2017/34-81003.pdf
I am looking to recoup my losses of $10K because I had to hire another company to finish and fix the work they did.
Looking to send them a lien but if this site is not right, please advise if there are other companies who can help me in this situation.
Thank you
CaliforniaWe can not get paid for a commercial job (hotel) that we delivered all the goods to in Brooklyn, NY in February 2020. On May 18th, we sent a Notice of Intent to Lien; however, this has failed to deliver as the tracking states undelivered "Notice Left (No Authorized Recipient Available)." We are ready to file a mechanics lien on the property. Will it be an issue if the intent was not delivered first? Also what happens if we cannot deliver the lien to the property owner similar to the intent to lien?
New YorkDoes a subcontractor on a non owner occupied remodel that contracted for $10,000 materials and labor directly with the prime contractor have to provide the model disclosure to the owner? If not; it appears this subcontractor does not have to provide ANY notice, correct?
WashingtonI was an investor on a rehab project. The Owner on Title to the property to be rehabbed was also the Contractor. He never completed the job 4 years ago and was incarcerated shortly after only starting the rehab project(he has been in jail since). I was in litigation for 3 years on a Quiet Title Action on the property in order to gain Title. That case fell apart and was dismissed due to Lawyer Malpractice. I sued in Small Claims for a Judgement in order to obtain a Lien. I recently lost. I am trying to exhaust all possibilities in order to have a Lien placed on this property.
CaliforniaI'm a sub contractor and we have a contractor withholding payments from September and October of this year. He is claiming for non-performance, but the work that was in those pay apps is completed. In addition, there are material charges for material and equipment that is on the site and installed. I received confirmation that the contractor has been paid through 10/31/2022. My understanding of the prompt payment act is that the contractor can withhold payment for unsatisfactorily performed work, but how far back does that go? Since our pay apps were approved for the months of September and October, isn't he required by law to pay us for the approved amounts? He has not provided any information that our pay apps were fully or partially denied, even though I have asked repeatedly. He continues to claim that we are not manning the job to his satisfaction, which is his opinion. He has not given us a substantial completion date. He continues with empty threats that the owner is unhappy but continues to provide any actual documentation proving this fact. Should I move forward with an intent to lien at this point?
New JerseyWe have completed our contract amount of 191,513.95 on a home damaged in Hurricane Michael
The homeowner received 288,000.00 from insurance. The final inspection passed three weeks ago and the man assures us that the bank said the final funds of 78,000.00 of which 18,000 is to pay the public adjuster. will be available this week however he is indebted to us $125,198.00 and has not made a payment since September.
Is there a form/contract that we can have him sign promising to pay the remaining amount due for materials and services performed??
I do not feel a lien would be beneficial since he resides in the home
Please let me know what you suggest we do to protect our company from being underpaid such a large amount of money
FloridaI have a property management company that did not compensate us(the general contractor) for our services, but at the time we did not know about 20-day notices. We are well past the deadline, but i was wondering if I can send a notice of intent to lien to possible urge them to pay their balance after we have requested for payment to no avail or to maybe get someone to get them to due their do diligence with out any real backlash legally on our end. We work in Arizona.
ArizonaSo I worked for this company sence 11/23/2016, my first year I took a vacation I recently got fired for missing a few days. One of these days I was suspended for a week. One of the other days I was supposed to be on paid vacation. As well as Monday before. Which I never got paid for. So I am wanting to put a lien on one of his job sights for payment of vacation time. Another reason I want to put a lien on them is at begining of year I got all my DeWalt tools stole out of job trailer. They filed insurance claim. They got check for stuff that was stolen. Told me that I needed to produce a receipt. So I did. They said because it was out of a receipt book they wouldn't reimburse for it. The second time I recolected a bunch of tools. The trailer they were in burnt to the ground at job site. They first said I wouldn't need receipts for my stuff. Went back tried to get me to give them my receipt. Since they never gave me back my other receipt. I knew better than to give mine to them. They would find a reason not to pay me. Both times they got a insurance check. Never attempted to reimburse me for tools. Do I have the right to file lien on either cases. One for loss of wages. The other for reimbursement of tools lost at job sight.
ColoradoUnder contract, my Contractor has failed to complete the job not only in a timely manner, but at all. He told me it would be completed by last Thanksgiving, 2021. Any correspondence results in a 2-3 week lapse in any further responses, always initiated by myself. Now my Homeowners Insurance is threatening to cancel for incomplete work. He has basically abandoned the project and the work that has been completed is shoddy at best.
I was told by my insurance agent that I could put a lien on my contractors business. Is this correct and if so, where would I start?
FloridaI am a subcontractor that is currently working on a project that is upwards of $1 million. We have been on site for a little more than 3 months (started in August). Since we have a very good relationship with our GC, we usually do not have a lot of issues in getting paid. Although, since this is a big commercial project, we want to be protected the best we can be. We did not file a 20-day prelim notice before starting the job. Can I still file one? Or if we were to get into trouble with getting paid by our GC, can I still file a mechanic's lien even if I did not submit a prelim notice? What is your advise to be as best protected at this point in time and moving forward with this project since we will be on site for another 5 months.
Arizonathe job has not been fully invoiced yet can i send an intent to lien on the full cost of the job still ?
California