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Payment Disputes Questions

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Payment Disputes
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I have read from multiple sources that for Arizona owner-occupied residential projects, "Only parties who have a written contract with the owner-occupant may file a lien against an owner-occupied residential project.". Does this mean that a subcontractor who is only in contract with the prime contractor does not have lien rights? If so, what alternative recourse does the subcontractor have to recuperate funds owed?...Read More
Anonymous Contractor
1 answerAdd commentMar 23, 2018
ArizonaMechanics LienPayment DisputesRecovery Options
My roof contractor is demanding payment in full (partial payment was paid previously). He recently submitted supplements and my homeowner's insurance has not released all of the funds for the supplements or the depreciation for the roof claim. He came to my door demanding payment of a different amount than he had on a previous invoice he gave me that was from January. The amount he showed me was written in pencil. I told him that the insurance has not paid me in full and the supplements were in the pipeline to be paid but I don't have the money or a revised estimate from my insurance yet, so I will pay him for the work completed at the amount the insurance approved once they send that to me. He waved an estimate from my insurance in front of me with different amounts than the versions I have in my portal and said he can see that I am supposed to get X amount from my insurance for my entire claim so just pay him. This estimate appeared to have my entire claim information on it (for other areas of my home that he is not a contractor on) and he would not let me look at, hold or photocopy the document. Then he tried to say that I should get 20K in depreciation for my entire claim so I should just pay him now. I do not have in writing what the insurance has approved for the supplements, but from a rep I spoke to last week, he submitted supplements for work that he did not do (to include installing drip edge (he did not remove or reinstall any drip edge on my home), starter shingles installed (he used upside down regular shingles that did not match my roof and were obviously from another job) and those items are required per manufacturers guidelines and drip edge is required per buidling code. I texted him to say to send the invoice and we will compare to insurance and pay for what was completed and at the rate the insurance approved. He then said that he will have his attorney file in court for nonpayment and per his contract, I will owe attorneys fees for nonpayment claims. What recourse do I have? isn't he in breach of contract, guilty of fraud (for billing insurance/me for work he did not complete), or anything that allows us to not pay for attorney's fees? I am happy to pay for work completed, but my insurance hasn't paid me yet. I feel he is pressuring me with fraudulent documents and that should matter if it goes to court. ...Read More
Anonymous Contractor
Waiting for answerAdd commentFeb 11, 2022
LouisianaBond ClaimsConstruction ContractMechanics LienPayment DisputesSlow Payment
I hired a contractor to reface kitchen cabinets. When he showed me the sample cabinet it was wrong color. He is refusing to fix it. I don't want the color he painted. I told him to change the color to what I wanted. He is refusing and said he is going to file contractors lien. My kitchen is all torn apart, drawers are gone, no water, no stove, half of the counter tops are gone. Can he file a lien? What are my options?...Read More
Anonymous Contractor
1 answerAdd commentJan 11, 2018
OregonMechanics LienPayment Disputes
I am a subcontractor and was working for a GC. He didn't pay me for the last 3 weeks that me and my guys worked. I had a notice of intent sent to him and the home owner from Levelset but I am not a lic. contractor and afraid I can't file a Mechanic's lien. I wanted to know what options I had to recover the $8000 he didn't pay us. Also he became racist on the text messages, referring to me as "his nigger". After that I didn't respond his was humiliating and wrong. The following is our convo from Levelset...H Ally June 29 at 11:25 AM Already Paid - I have paid Sunil Remodeling LLC, $20,500. by checks and cash. Ck # 1379, 05/28/2022 $5000. Ck# 1372, 5/24/2022 $ 4000. Ck# 1371, 5/19/2022 $ 5000. Ck# 1367, 5/5/2022 $ 5000. Cash $1500. This company needs to provide an invoice or bills for its services. Also I need the insurances ( general liability, workers comp, and disability) and DCA license for working as a home improvement contractor. Also need proof of work completed. You Deoraj Seebarran June 30 at 3:15 PM I'm curious, what gave you comfort to pay the $20,500 from 5/5/22 thru 5/28/22 but not the remaining $8,000 owed for end of May thru the 3rd week of June? Whose license was used to obtain permits with the NY DOB? As stated before, I uploaded screenshots from our text conversation. There I listed the work I have done for you, and you haven't paid me or my guys for the last 3 weeks we worked for you. You ended the conversation by calling me "your nigger". You robbed me, disrespected, and insulted me, I am willing to settle for a lower amount than the $8,000, if not, then as you suggested we will let the courts decide, all evidence will be submitted there. Racist / Racism have no place in business or in society....Read More
Anonymous Subcontractor
1 answerAdd commentJun 30, 2022
New YorkConstruction ContractPayment Disputes
We completed a job for a company and now the PM for that company is saying they were bought out and they are not financially responsible for paying us. ...Read More
Joe Magdaleno
2 answersAdd commentSep 21, 2021
CaliforniaPayment Disputes
I am an unlicensed handyman doing work in California. I was hired by the homeowner to help fix his house after flood damage. I have issued him $8000 in invoices he claims he can’t pay me pay me because one of his accounts is frozen because of identity theft. This is a false statement since I’ve had identity theft and got it resolved quickly he’s been complaining about this ID theft for over three months. Can I issue him an intent to lien or and a mechanics lien for the money he owes me?...Read More
Anonymous Subcontractor
2 answersAdd commentAug 13, 2018
CaliforniaMechanics LienPayment DisputesRight to Lien
Hello, I need your help. One of my suppliers forgot to bill me $60k for materials delivered on to my job 5 months ago. They said it was an oversight. They decided to add the old invoices now 5 months later. They had already provided me with Unconditional waivers month after month which means I dont owe them for anything, especially 5 month old materials. I would pay them but covid has really hurt us and we also dont have the money. The biggest issue I have now is that my contractor will not pay me until I provide them with the new unconditional waiver that the supplier does not want to provide because of the new invoices. If I dont get paid, I cant go on and pay for payroll. I am planning on walking off the job but now I am concerned the contractor wont pay me my retainer of $250k. The contract doesnt state anything about a right to stop work provision. I also know this may cause collateral damage. What do you recommend I do? I cant have employees work and not pay them. ...Read More
Oscar Montenegro
2 answersAdd commentNov 25, 2021
FloridaConstruction ContractNotice of Intent to LienPayment DisputesSlow Payment
We moved here from Ohio last fall. We hired a company to put in new floors, cover the ceilings, apply wall paper, paint the cabinets, and paint the walls. The contract was for 24k. At the last minute, they added 5k to the bill. The cabinets were never repaired and they actually caused more damage to the home than anything. I refused to pay the last added $3k due to not agreeing to this addition as well as the work not being complete either way. They filed a lien with blatantly false information. They filed the lien against me and did not include my fiancé who owns the home. They also never gave required lien statement nor a change order. To top it off, we later found out one of the contractors was a registered sex offender and we have children. They were way behind and actually had my entire family confined to one bedroom so we had to spend weeks in a hotel. They now filed this false lien and we will have to spend money just to protect ourselves. The work is still not even completed. What is completed is horrible craftsmanship. We are new to the state and just not used to contractors being allowed to do this type thing. What should we do? ...Read More
Keith Kuhn
Waiting for answerAdd commentJun 6, 2022
MissouriChange OrdersConstruction ContractDefectsMechanics LienPayment DisputesRight to Lien
We're a GC looking to submit a payment app for a stipulated sum project. Our client's LL is letting us provide unconditional lien waivers for progress payments in lieu of copies of invoices paid. Wondering if we could list % complete and/or show that $0 is owed at the time of waiver signature to subcontractors. We want to avoid detailing dollar amounts paid to date. If we get subcontractors to sign a waiver detailing a $0 balance or a % complete, does this remove the LL's mechanic's lien risk for progress payments? Or do waivers need to show the amount paid to date? ...Read More
Anonymous General Contractor
Waiting for answerAdd commentJun 6, 2022
CaliforniaLien WaiversPayment DisputesRight to Lien
I 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...Read More
Anonymous Contractor
Waiting for answerAdd commentJun 2, 2022
CaliforniaCollectionsConstruction ContractLien on FundsNotice of Intent to LienPayment DisputesRecovery Options
Have not received payment for December 27th, 2021 invoice. In dispute with customer falsely claiming we damaged some golf course greens....Read More
Anonymous Contractor
1 answerAdd commentMar 2, 2022
FloridaCollectionsLawsuitPayment DisputesPrompt Payment
I had work done on my home last summer; fully paid the contractor with a series of bank checks. Last week I received a subcontractor’s lien For $11k on my home because the contractor never paid the supplier. Do I have any options? I called the contractor and he told me that the supplier was “playing dirty pool”. He also told me that I don’t owe anything. Will I have to sue the contractor? ...Read More
Anonymous Contractor
1 answerAdd commentDec 1, 2019
MassachusettsMechanics LienPayment Disputes
In general we always bill out retainage for our portion of work at the end of a project. We are always told when the project is at substantial completion retainage is released - but we have retainage bills that are nearing a year. What is the general rule of thumb? Should we file a lien if we get nowhere with release or reduction of retainage?...Read More
Anonymous Contractor
1 answerAdd commentDec 20, 2017
New YorkLien DeadlinesPayment DisputesRetainage
I recent had some tile replace and base board installed in my home. The person I hired was not a licensed contractor but said he does this type of work and sent photos. He completed the tile work but workmanship is not great and is likely to fail in the near further. As for the baseboard he failed to finish and walked off the job because of a disagreement about the tile quality. He is now demanding payment but I am reluctant due to having to finish the baseboard and the quality of all work that was completed. What are my rights in this case?...Read More
Anonymous Contractor
Waiting for answerAdd commentMay 23, 2022
ArizonaPayment Disputes
As a subcontractor and replacing a roof for a General contractor If I’m owed $11,000 From the GC But I am not actually licensed myself Can he avoid paying me my money?? We do not have any binding agreement Only his word as a man and some text messages I am not a licensed GC but I replaced the roof for him.. Can I still got my $11,000 from him??? This is in the state of Georgia ...Read More
Anonymous General Contractor
Waiting for answerAdd commentMay 24, 2022
GeorgiaPayment Disputes