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Payment Disputes Questions
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Payment Disputes
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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.
CaliforniaThe contract was signed, but are there other courses of action, such as filing a lawsuit against the property owner(such as unjust enrichment)?
Also is there a responsibility on the part of the GC who is claiming not to have been paid. Do they have the responsibility to verify they have not been paid, and also to diligently attempt to pursue the payment through legal means? I checked in the jurisdiction and no court case or liens have been filed by the GC.
VirginiaWe are filing a Small Claims lawsuit against a non paying customer here in CT. I wanted to get clarification on where the filing needs to occur. CT guidelines are: "If the plaintiff is a person and not a business and the case does not involve a landlord-tenant matter, the place where the hearing (trial) will take place (venue), if a hearing is necessary, will be a court in one of the following places: (1) where you live; (2) where the party you are suing (the defendant) lives or does business; or (3) where the thing or injury you are suing about took place. If the claim is a landlord-tenant matter, the trial will be in the court location where the house or apartment (premises) is located." Can we file in the jurisdiction where we live, or must we file where the defendant lives which is also where the project was completed?
Thank you.
ConnecticutIf a person is working on a prevailing wage job and is contracted through a temp agency are they supposed to still get paid prevailing wage amount?
CaliforniaI 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?
OregonI am a maintenance technician for a tax credit apartment building. Part-time position was what I was hired for and a couple of months into the job a maintenance technician from 2 other properties managed by the company we worked for decided to quit. The property manager I work for asked me to do some work on the other properties. So I thought I would be a team player and help. So the first project was carpet in an entire townhouse roughly 700 sq ft. I provided the carpet,seam tape and fuel back and forth which is a 90 mile round trip. I've provided 19 lbs of r22 freon several tstats and plenty of plumbing supplies etc... I provided the property manager with proper invoices for the materials and labor. Each item description of the unit used on and specifically detailed information on why I was charging them. So my property manager then tells me that they will not pay me back for the materials used to make the repairs. These properties are tax credit or 55+ low income housing and the residents have been asked to go without ac during 100° weather. What are my options for being repaid for my materials and labor? I've already spoken with the property manager about this and that's a dead end.
KansasCan undocumented laborers file a lien if they aren't paid? I just watched Immigration Nation on Netflix where the laborers came in to South Carolina to work after Hurricane Michael and did a bunch of work for Winterfell Construction, but didn't get paid. I was wondering why none of the immigrants have tried filing a mechanics lien against Winterfell or the owner, Tommy Hamm. I haven't seen anything in the laws that would prevent it.
Of course, the company they filed a lien against could just report them to ICE, since they have to provide their contact information on the claim. Is there any way for a laborer to file a lien and protect their identity at the same time? Can someone else file a lien on their behalf?
LouisianaHello,
I am in the business of home staging.
I staged a confo, owned by a realtor/owner and she is not communicating with me in removing the staging furniture. And i have a good contract that she signed.
She has left several voice messages saying she will only pay $1500 of the $2000. Due to she didn’t like the furniture that was used for staging.
I’m known for quality staging not cheap staging.
The condo is in escrow now and I have concerns, if I’m going to get my furniture back as this has happened before.
The furnishings are worth $25,000 and take this serious as this is my business.
I have already filed a small claims.
I feel the best way to assure i get paid and get my furniture back is to place a lien on the property before it transfers to the buyer, which could be within two weeks.
Please advise,
Suzanne
CaliforniaI did above
ColoradoI have a judgment against a subcontractor regarding an overpayment sent to them that was never returned in the amount of $3,200.00. Would Levelset be able to pursue the subcontractor per the judgment to collect payment?
GeorgiaThe owner paid the General Contractor without the suppliers knowledge, trying to exclude himself in any payment discrepancies. The owner had agreed to a bi party check when he was told the materials were not paid for by the contractor, but paid the contractor the remainder anyway.
IllinoisOur contract with the GC states "anticipated start date" because at the time of signing we did not yet have permits nor notice to proceed from the airport so we couldn't put in a firm commencement date. The permits and NTP were received and the actual construction started two months from the "anticipated start date" and five weeks later I receive a $140K PCCO for a start date that was not known when the contract was signed. Their justification is that buried in the GCGR is their Staff Plan which shows starting on the "anticipated start date". The actual work (anticipated) is in the contract only once. Commencement of work is defined as being after permits and NTP are obtained. Is this a legitimate PCCO for lost time I should approve?
ColoradoI am a residential homeowner in Texas. My wife and I are contracted through a custom home builder to build our plan. We have continually paid him when draw requested initially after the job was completed, then during progress and lastly before work was even performed. The last several draws have pulled us into a heated dispute concerning quality of work or timelines for completion. Recently, we were notified of a subcontractor filing a lien against us from a draw we paid to him 3 months prior and another 2 additional subs discovered by us still unpaid. After confrontation, a month ago, he now says all bills are up to date. He won't provide paid receipts or invoices for proof and we have nothing in the contract that forces him to. He has slandered us with the subs and they will not discuss details with us to ensure our financial future.
How do we keep from paying twice or additional charges from contractors he has failed to pay up to date? Can we make him provide lien waivers from these subs under Texas law now after time has passed? The contract does state all subs will be paid by him although, there is no timeframe listed unlike what's found in the Texas Prompt Payment Act? Where do we go from here so that it will not happen?
TexasI am a real estate broker with a client may who intent to sell their property to someone, a customer i introduced while under contract.
MaineI hired a contractor to do my whole house renovation, I paid him 19000 for the renovation but he didn’t finish. Can I put a lien on his license? This happensed in April.
Illinois