I'm being told a story and I can't understand how she thinks she can save the house. If I'm being told the truth, she claims she has 2 foreclosures. One is from her company they used their house as collateral. She says they called in loan. She also claims she is in foreclosure on her personal mortgage. From my understanding she owes 55 thousands on the mortgage and the business loan was a half a million. She is in forbearance. She says she's is getting it until March wich my understanding is it ends December all home covid programs end. We live in long Island NY. So how is this house savable and also it will be left to her only child . Won't her get the lien debt if the house is willed to him? Please help me know the truth as it affects my life in unimaginable ways. Thank you....Read More
Hello we selected an architect to design our house and provide floor plans. However, since initially working with the architect he has not provided any design feedback or helped us on designing. He has asked us to provide for him exactly what we want for him to draw. The contract for this project was sent via paypal to us and was not signed by either party at any point of the process. He never provided us via email the contract as well. The contract is laid out with payments through out the process (deposit, 50% of project when working on floor plans, 40% once plans are sent to engineering, 10% at construction documents). The contract does not have any clauses about cancelling the contract. We have paid him through deposit and 50% of project, however decided to go our separate ways prior to the 3rd installment. He is now requesting we pay him the 3rd installment even though plans were not ready to be sent to engineering and did not include all the changes we were asking. He is stating because a plan was ready for engineering that he wants to get paid before making changes. He is now threatening to put a lien on the real estate, can he do that? ...Read More
I am currently building a home. We terminated the contract with the builder due to material breaches of the build contract. Now, the bank with whom we have the construction loan requires the old builder to sign an All Bills Paid affidavit, as well as the Transfer of Mechanics Lien document to the new builder. The old builder is refusing to sign these documents, despite the fact that everyone has been paid. Sour apples, if you will. But it's holding up the entire process. Is there any remedy for owners other than litigation?...Read More
I am a subcontractor working on a commercial job in Arizona. My GC has terminated my contract without cause- (personal dispute) but the there is already a considerable amount of money already due. The pay app was due April 1st. Although I realize it is not extremely late, I am concerned about the termination of the contract and whether or not my lien rights are affected. This GC is notorious for NOT PAYING. And now I have spoken with another sub on this job, who has told me the GC is past due on 100K+ to them. This has me concerned. I do not want to miss any deadlines and lose my lien rights. Also, I should mention, the GC HAS been paid by the owner for the payment which would include my pay app. The owner is paying on time, and yes, my pre-liens were filed timely....Read More
I am a subcontractor working on a commercial project. My GC and I had a personal dispute, (the GC failed to pay me for 5 months on an unrelated job for the State of Arizona, and my "letter of intent to lien" gave notice to all interested parties of their failure to pay their subcontractor- this resulted in d the GC will no longer be hired for any future projects for the State of Arizona) therefore, in turn, the GC retaliated for my request for payment by terminating the remainder of all contracts with me in progress, (all unrelated) as well as any future contracts. However, there have been two payment applications already submitted for completed work. What are my lien deadlines, and are they affected by the early termination of our contract without cause? ...Read More
Bay Area GC kicked off public works job and needs to get paid (retention, unpaid scope work completed, and change orders). Is there an alternative to hiring an attorney to guide/submit claim? Or do we need an attorney for this process? Public works agency keeps telling us to 'file a govt claim'. What are our recovery options short of litigation? Money is tight. No sub bond claims made yet. No claims to surety made yet. Any guidance appreciated....Read More
I submitted a question on 7/2/18, and received a response from Matt Viator on 7/3/18 (both of which are copied below). My question has to do with the Notice of Termination. Our company never filed a Notice of Contract with the county recorder's office, so I understand that the subcontractor must file their lien within 60 days from the date our company filed a Notice of Termination. Our company issued a written Notice of Termination to the subcontractor on 5/17/18 but did not file a Notice of Termination with the county recorder's office until 7/2/18 (primarily because we did not know about the need to record such notices). I just want to make sure that the critical date for starting the 60-day lien filing period (for the subcontractor) is still 5/17/18. Please confirm, thank you.
Subcontractor lien rights in Louisiana - submitted 7/2/18
Deadlines
Right to Lien
State: Louisiana
Our company completed a private project in Louisiana as a general contractor on 6/26/18 (substantial completion). Our company hired a subcontractor to perform a specific scope of work as part of this project. We later had to terminate the services of the subcontractor due to multiple performance and schedule issues. The subcontractor abandoned the jobsite on 5/11/18, then we filed a Notice of Default with the subcontractor on 5/15/18, and finally filed a Notice of Termination with the subcontractor on 5/17/18. Our company then had to complete the specific scope of work of this subcontractor, and complete the overall project.
My questions: 1. What lien rights does this subcontractor have against the owner property, and 2. What are the deadlines for the subcontractor to file a lien?
Our company has filed a Notice of Completion with the local parish clerks office for the overall project based on completion date of 6/26/18 and a Notice of Termination with the local parish clerks office against the subcontractor in question for their specific scope of work based on termination date of 5/17/18.
Answered 7/3/18
Matt Viator
Legal Associate zlien
Under § 4802 of the Louisiana Revised Statutes, subcontractors are entitled to a mechanics lien "for the price of their work." Of course, when that workmanship is in dispute, there may be question as to whether they're still entitled to file a lien for their work performed. A subcontractor might be able to actually file a lien based on the price of their work. However, if that lien were challenged or if it came down to a lien enforcement action, a party who had to perform remedial work to cure issues caused by their sub might be able to argue that nothing is owed. If the subcontractor did not, in fact, add value to the work of improvement, it might be a valid basis for challenging the filed lien. Regarding deadlines - Louisiana's lien filing deadline can be tricky. If a Notice of Contract was filed, subcontractors must file their lien within 30 days of the filing of a Notice of Termination. If a Notice of Contract was not filed, a subcontractor must file their lien within 60 days of the filing of a Notice of Termination. In the instance where a Notice of Termination was not filed, that timeframe will instead run from the substantial completion of the work....Read More
I believe a person was impersonating as a licensed general contractor. When I verified the license in GA, the license belonged to a completely different individual. When I called the provided insurance carrier of the general contractor, the insurance company said the company did not have an active policy. Unsafe electrical and structural work has caused many problems but I do not know the proper legal process to follow. I believe a breach of contract seems correct however since the company has no verifiable information or entity, it actually sounds more like fraud and criminal negligence?...Read More
I am a contractor that did work on a project but client decided not to pay and sent a letter saying that they wish to terminate the contract due to abandonment of the project. The client still owes over $300k...Read More
So I had a question I am General on my own job putting an addition on my house I subbed out all the work to contractors we had an issue get going with concrete took longer than expected now it’s completed for over a month my builder keeps pushing me off week after week for the last week and a half he is not telling me anything and not responding to my calls or texts I need to get the project done before winter comes but don’t know if I can fire him legally because he is not responding to me and get my down payment back? Basically I looked at the contract there is nothing for a completion date or start date I just feel like he’s blowing us off and not responding to me or my wife and cannot wait till winter to get this thing done I have other contractor That want to do it and can start in a week but I don’t want to hire them if I’m not gonna get my money back from the first one that’s why I kind of wanted to know is he in breach of contract due to no-show and no replying the last time I talk to him he said he was almost done with a job and that was almost 2 weeks ago please let me know if I can do this and get a new contractor in or am I got a fight with him to get him out here thanks...Read More
Ownership has decided to utilize a new General Contractor on a project already under construction. Looking for advice for a smooth transition....Read More
We were hired to do 2 separate jobs from one client. I am a GC but was hired as a sub by a GC. completed the first job (still owes $3800 on that job) started second job, plans were wrong, his plumbing subs did their part wrong ( i had my men fix for free), did extra work, then we disagreed on something and he terminated the remaining work to be done on second contract. We agreed to the separation. He then requested most of the money we received from him for second job refunded. We sent a break down of costs including money owed from first completed job (we were generous as we just wanted to go on to our next project). the breakdown sent had us owing him $3500. He denied and said we owe much more now he got a lawyer and wants $38,000 immediately. What is our next step. We do not owe him $38,000 and dont want the CSLB involved....Read More
I am a general contractor contemplating termination of a utility subcontractor with whom I have three existing and ongoing projects. The work has been substandard in many instances and the projects are not being finished on time, per our written agreement. Our contract contains both a default and a termination clause. The termination clause states that I may, without cause, suspend, delay, or interrupt the Work in whole or in part. The Default clause requires me to provide notice of default and an opportunity to cure the default. Is it ok to proceed under the termination clause? I shoudl note that many of the insufficiencies have been discussed orally, to no avail?
Thanks...Read More
I built a library-style bookcase for a customer, actually two of them. The first time, built and delivered, she accepted. A few days later, she decides she wants to change the design. I sent her new price to build the new design, we agreed upon a March 17th completion date. I delivered the bookcases to her on 03/13/2022, with the plan to do the install the following week to meet the 3/17/2022 completion date.
I requested progress payment on 03/14 prior to final install...she cancelled and said she did not agree to the new contract. Then would not let me get my tools, which required a civil standby. Even then, she kept materials and tools that were mine. I gave her many alternatives to cancelling the project, including me finishing it completely, then her making payments for the balance. All of which she refused...claiming "abuse of an elder", break of contract", and misrepresentation. I was obviously blindsided by all this! On 03/23, she sent me an email with a lawyer cc'd...telling me to make an offer...and that she was going to file at the end of the week, asking for $3000.
She actually filed her complaint on 03/22, and I of course was trying to come up with ways to resolve whatever the issue was. She refused to meet me, she refused every attempt I made.
Fast-forward to 08/02/2022, the trial. Well, it was terrible. I did not know people actually lied under oath! I was prepared to defend myself with the facts...but the lies, I was not prepared for. I lost...AND was ordered to pay her $2000!
I filed a request for a new trial last week, based on "the discovery of new evidence that even with due diligence would not have been discoverable prior to trail"...the new evidence I discovered...the Customer's lies!
A few issued with this:
1. She did not serve the registered agent I have listed for my business. But now that the trial has occurred, is there anything I can do to have it dismissed for lack of proper service?
2. She made false statements during the trial that I have evidence backing up that she is lying. Could this help me?
3. This is a frivilous civil suit, which is a crime in SC. She commited perjery, said that I was, "a liar and a cheat" during the trial. Accused me of all kinds of things with her lawyer copied.
4. The judges order made no mention of my counterclaim, which was for $7500 - this customer owed me $3500 when she decided to cancel, kept my tools, kept materials that are not part of the project, refused all attempts to settle this out of court, and gets to keep an 11ft wide x 9ft tall hardwood, custom-made, gloss white, built-in library-style bookcase.
I was not prepared for trial, and the trial is over....there has to be something I can do to recover what is belongs to me. What should I do?
What I want to do is:
...Read More
Client is unhappy with their GC’s pace of work, the GC is still performing, but behind schedule . They want me to take over the job, but the GC has yet to be terminated. What kind of legal risks am I facing from the client AND the GC in this situation?...Read More