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Payment Disputes Questions
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Payment Disputes
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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?
MassachusettsAs an attorney, I represent a roofing company. The roofing company satisfactorily completed a roof replacement and the customer is closing on the sale of the property without paying for the roofing. The closing scheduled for tomorrow morning - to soon to get a lien in place. Please advise asap?
I am a current zlien customer.
TexasI contracted with a elderly lady to remodel her bath room i thought she was the owner she signed the contract as the owner . We completed the work and she did not pay her final bill. I sued her in small claims court got a judgement but i later found out she did not owne the property and was only renting (she spent close to 30K) how do i get the 4k she owes me?
CaliforniaI am the owner of a Construction Company. We did a 203k loan project for a client in March of 2022. The client signed the certificate of completion, the portal showed completion of 98% and the final step was for me to provide an unconditional lien waiver before the bank could send my check. After, I signed the waiver, the completion percentage went down to 30%. The client claimed that I did not complete certain items, however no pictures have been produced. I recently spoke to the appraiser/inspector and she informed me that the items listed as not complete on her report were verbal statements taken from the client and she never seen the project. I ended up in arbitration and a year later I finally received an award for the remaining balance of the contract. This was the second arbitration due to me not counterclaiming in the first arbitration. When I sent the first ruling to the bank, they told me that although threw her case was thrown out but still could not pay me because the ruling didn't award me any money. I sent the recent arbitration ruling to the lender and after over a year, they are ordering a final inspection of the property. So my question is, what can I do? I have no idea what has been done to that property since last year. I have tried calling the bank but no one will answer. I have spent thousands on this case and am out of options. Is the bank able to do this? Is there any recourse against the bank? This client has tried to rip me off, now I am at the mercy of an inspection, even though I have an arbitration ruling. Any advice would be appreciated.
IllinoisOur company fabricates exterior metal wall panels for Commercial/Residential/Federal/State buildings. Almost all of our costs are incurred prior to shipping the panels to our customers. We provide shop drawings and engineering services, order the materials for the panels, and fabrication labor all prior to delivery. Since the majority of the documents for lien rights are based off of shipping/delivery dates, we generally send the preliminary paperwork upon shipping. In this case, we have provided the service for the shop drawings and engineering (customer has paid for these services), and have ordered and received the materials for fabrication (customer has failed to pay for materials - received and invoiced in November 2022). No preliminary notice was sent, as no panels were delivered to the job site yet. The job site is in Scottsdale AZ, (Housing/Apartment Complex) Can we still lien? What options do we have prior to looking into a lawsuit?
ArizonaI am a homeowner and I had hired a friend who is a contractor to remodel our home . He has a business and was not able to work during the corona virus . We hired this contractor and gave him a deposit of 7,000 cash ( he had requested cash ) to buy supplies. and then he came back wanting more money saying he needed to pay bills and we gave him 14,000 . The original estimate / contract is only for between 18.400- 19.400 and we over paid him since the original estimate did not include framing out garage lien to and he do extra framing on a bathroom door. He has now quit working on the home and has threatened to put a mechanics lien unless we pay up another 5,000. We have no signed contract of any kind. We have been asking for a breakdown of the bill of what was paid and what he is claiming we still owe. We have no tax ID number and will give us a detailed bill of the supplies purchased. We have been receiving threatening texts . We have damage that this contractor has done to our home.
We have given him a total of 21,000. What can I do in this case . Please help.
We are trying to sell our home and he knows this and says he will file a lien unless we give him the money but, he says he is not providing us with a detailed bill. Bottom line is he was a friend that we trusted.
IndianaConstruction project in iowa county library. Have not been paid for completion
What do I do. The job was completed in March. Do I send a demand or a payment letter since it is a public job? No lien can be filed for public jobs
IowaI would for a small, family-owned stone installation company. I wanted to make up a customer agreement form that lays out the services, payment stipulations, etc. One of the things I wanted to add was a late fee that would be added to the net invoice. But, I don't know what percentage I can charge a customer if they're late with the final payment, the timeframe, etc.
MaineI’m from HOME-REDI, A Contractor Builder in Long Island NY. If a client cancels an executed renovation contractor with down payment paid but work has not been started as of yet and the client now wants to cancel the contract either due to loss of job or a pandemic, is the Contractor entitled to his profit without doing any work? Thanks
New YorkI did for some work for a contractor out of Castle Rock,Co., but the job location was in Watford City, ND. He sent me home for the holidays and was supposed to have called me back when job was ready to start back, but never did. I found out that he bought in another crew to finish my work. My contracted work amount was just over $100,000 and he only paid me about 15k of that amount. Is there a way to sue to for breach of contract and collect lost wages / profit, which would have been @ $50,000.00 ?
North DakotaI have a plumber who is sending me an invoice for a service charge of 112$. We originally called the plumber told them our hot water heater had gone out no mention of a service quote was discussed. Within 40 min a plumber showed up, said "yes yo do need a hot water heater" I already had known this and that was the reason for the original call. The plumber did not have a hot water heater that day and told me it would be a couple days befor the work could be done. I had already found another plumber to do the job so told him no thankyou. No paperwork was ever signed and no payment was ever discussed. They are now invoiceing me for 112$ for something they never did. They did not quote a problem nor do any work. When I called regarding the invoice they told me they have a contract with a name scribbled which I never signed. They said if we dont pay they will recruit a 1.5% interest and put a mechanics lein on the house. What are my options?
PennsylvaniaScope Work is recorded as 99% completed on job. Instead of agency paying outstanding balance and closing out the job, they choose NOT to terminate contract - but 'remove remaining scope'. How is this legal?
CaliforniaHello, I live in Texas and recently had my kitchen and wet bar counters replaced.
I received a few bids, and decided to use a contractor my friend is currently using. She is extremely pleased with the cabinetry etc, that his is doing.
He is a very nice and knowledable man.
Originally, he came over to give me a paint bid for my cabinets. While there, he convinced me to let him bring his “counter guy” over to give me a bid. I agreed. Counter guy came over, he brought samples of a quartz surface named Vicostone, said it’s the only one he recommends. I chose my two colors and received a bid via text that evening. It was higher than other bids I had for a “generic” or no big brand name. Before deciding, I asked about seeing a larger piece. I suggested that I go to the vicostone storefront or were ever to see it. This was on a Sunday... I didn’t get a address until later in the day and the store was closed.
After reading about the product, warranty, etc. I decided to move forward. They came back over, I wrote a check to the installer for 1/2 and they started fabrication.
During the days to install, one more than one occasion, I reiterated that I needed the paperwork filled out to verify the install and the products. I handed the form to them in person, left one on the counter with along with my notes regarding my sink install etc. Also listed this as a “to do”.
Each time, I asked for it, it was addressed as if, they haven’t had Time etc get it yet. But would have it shortly.
I started to become suspicious. After the job was complete, the contractor asked for the remaining payment. I explained nicely that just as soon as I got this warranty approved, I would write him a check. He then walked out to tell his installer, came back in had got the form, and they left.
Afterwards... I contacted the people at Vicostone asking them to help me identify the product.
They explained that all slabs have a serial number on the underside etc. they asked me to send them photos. Well... the name underneath is not vicostone on either counters.
The kitchen had a name of “linea Phoenix EU Quartz” the wetbar had a number H1002.
They vicostone guys said it was definitely NOT their product. They also sent me a link to countertops that use the Breton technology... which is safe for residential and food prep use.
I did not see the name Linea phoenix anywhere.
I was able to locate, not near as easily as vicostone, someone to email.
I emailed them and asked how their product was different from vicostone.
The person rudely responded and said we do not speak to home owners or end users.
I since dug deeper and it looks like this company sells a “white label” to brand as your own or /and only large commercial jobs, etc. They are a supplier. Their role ends once the material is shipped.
So... I do not know what I have and do not have what I ordered.
The GC texted m ethics morning asking for his “money”. I explained this warranty issue again. I did not tell him I knew he was lying to me,
He then texted back to me “Is my first time a client ask me for that
I ask Celestí to for that info but he don’t send nothing to me yet
The job is done and done right
I don’t know why I have to wait to get pay
I call Celestí again ”
Celestino is his installer.
I texted back to him..
“I understand your frustration. I am getting agitated myself.
I have installed many counters in other homes and getting this information from the installer has never been an issue.
I’m not sure why your other clients have not asked for it before. That is really surprising to me.
What would they do if they had a problem? That would be unfortunate for them.
Didn’t Celestino show you an invoice, receipt or order forms? I bet the information will on on any of these.”
I later texted him verbiage on the vicostone site that says this...
Vicostone product identification;
Each slab has a serial number label on one side of the slab. This number is also referenced on your packing list. Serial numbers of installed slabs must be given to the owner of the property of the installation, for proper processing of the warranty.
Then texted him that I was really starting to worry.
So... what to do now? I still have half the payment.
I suspect this was material left over from a commercial job that the installer “poached” and sold on the side.
TexasCould I have a legal problem if I pay somebody else for work done by another person?
GeorgiaI 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?
California