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Payment Disputes Questions
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Payment Disputes
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I have recently tried to contact for payment with no response.
HawaiiI had a contractor do some outside painting for me and it was bubbling and not scrapped and sanded properly. he fixed some of the areas but I refused to pay him unless they were all corrected. He then said he would put a lein on my property and I said I would sue him then. Well I received a lein notice in the mail the other day from him. In the notice it states that a copy of this had to be delivered to me in person or by certified mail. Does that mean it is voided?
MinnesotaHi,
I have used your service in the past but this question is a little different as I have a supplier demanding payment from me.
What happened is I sent a CC authorization for payment to my supplier on 05/13/2019 for an April invoices on appliance's they installed at 3 address's in the same subdivision.
The entire project has been complete and on the market since late May 2019. just 3 weeks ago my supplier reached out to me to say they never processed the payment in May and they need payment now, I explained the project account was closed but I would of course look at options to get it resolved.I also made payments to them in June & July for May installs which they did process but they never mentioned May outstanding.
The issue I have is the account for the project is closed as I said so my only way to pay them is through the closing of each home or a personal check, I can have the title company look after each invoice as they close the homes and it will be pretty quick maybe 45/60 days
I have offered this to my supplier but they sent me notice of a material mans lien yesterday.
I tried to reason with them and explained its a situation not of my making as it was them who did not process the payment and I did not notice it on my end as its never happened before that supplier didn't take payment when it was due. Plus I have dozens of transaction each month on CC
My question is how do I stop the lien as it completely unreasonable that they make a mistake and then refuse my only option to pay them.
I haven't asked for a discount, I have not said I would not pay them, I have engaged fully with them.
Thanks
TexasI am a carpenter (sub contractor) who has been working for a GC in Texas. We (crew members), are frequently treated as employees, i.e. told when-what-where we are working and what jobs we are performing. We don’t sign any contracts for work to be performed or what the timeline is, contrary to a “normal” sub contractor to contractor agreement. The owner (GC) makes these decisions and contractual agreements with the client. We are however required to turn in a weekly invoice with our names (as our own company) and hours worked on said project. I have been working on an assigned project for a couple months that went over budget for a multitude of reasons. In good faith I turned in less hours than actually worked to keep budget in mind, and spent money on my personal debit card for materials to perform the task. I have detailed receipts. I have been using my own residence/electricity, etc. to work on said project. Once the project went over budget the GC informed me he would not only not pay me hours worked, but would not refund my detailed receipts showing they were all solely for the job and not personal expenses. I’ve informed the owner of the company (GC) I am not after anything but pay for my time and personal expenses. I don’t want this to effect the homeowner, just want to be compensated and move on with my life. I notified him of my last invoice on 9/11/19 as was told the next day he would send to his lawyer and hit me with a lien, which I’ve yet to see. I’ve spent almost two weeks from initial dispute stressed, confused, and countless hours on how to proceed. Please help.
TexasWhat is the form I to answer a court summons in Florida .I live in NJ and building a home in Palm City Florida. I have paid my builder and he didn't pay a subcontractor, and I have reviewed a Notice to owner,a lien and Joe a summons from the subcontractors attorney. I need to answer the summons go the court within 20 days. I'm in the process to speaking to the attorney to negotiate , but still need to answer the summons. What is the form that I need to use to respond
Thank you
FloridaWe hired a landscape contractor to put crushed granite & flagstone in our backyard. We paid him (by check) for the first part of the down pay on work. And when he finished we paid by check the final bill. He provided us with an invoice stating the materials, labor, My 2 check payments and final bill paid off. Contractor used a company in town called "Texas Rock & Flagstone" to purchase our materials. The job was finished on June 14 this year. Yesterday, I received a letter form the rock & flagstone company stating they never were paid by the contractor & that I have till October to pay them for the rock & flagstone or she would turn 'Me' into collections. I called the rock place, she said the contractor told her "I wouldn't pay for the job", she also told me she could put a lein on my house. I told her I paid for the entire job & that i have to both checks from the bank where I paid the contractor in full . The rock lady also sent me the 2 invoices that are billed to the landscape contractor. She also told me the landscape contractor had already owed her $600 from a previous job.
What is my legal right in this matter? I keep trying to contact the contractor and he wont answer my calls. I traced down his address the rock lady had on his invoice, it was an apartment & they said this guy ran out on them a long while back and owed them a lot of money.
TexasSo I’m in Texas, I hired a framer to complete the dry in phase for a residential addition. He got as far as all bu the siding on the project and quit showing up. I had paid him for about 75% of the amount we had contracted for, I did I not pay the total as he did not finish the project as laid out in our contract. I got a call last week from the lumber yard that he has not paid the last 5 invoices which were for the exterior sheathing and roof deck which they did install along with the tyvek house wrap. These invoices Also included the Hardi Siding, fascia and soffit which my in house crews had to install scene he did not show back up. The lumber company has only called to notif me they will need to file liens on me the GC and the homeowner for Thess invoices. ( please note that they have not mailed me anything or the owner) Out of the 5 only 3 were delivered to the site, so the 2 small invoices which were will calls I’m disregarding , however the three that were delivered on 5/31/19, 6/12/19 and 6/29/ 19 total about 4K I recognize these as legitimate. My question is should i go ahead and pay these or have the statue of limitations expired? Ive read much on this subject but still unclear on timelines for filing and process as a whole. So please proved some input. I would also like to find a local construction attorney int he DFW area that i can call on form time to tome and assist me going forward. Happy to pay you for your time as well. Just want to do all by the book. On this job I’m well over budget since this sub walked off but want to make sure All subs and suppliers are satisfied and my owner is not affected going forward. However i cant afford to over pay either, thanks for your time.
TexasI’ve been working for subcontracting for a flooring company for over a year now & on the last job I did for them they decided decided to put a hold on my check cause the homeowner had some complaints about the install, I told them to let me know what needed to be done & they decided to just cancel the payment on my check
TexasWe have a customer in Ohio that is past due. The lien period was used up while waiting on insurance to approve and provide adjustments. We have not been able to contact the customer via phone to get the payment insurance sent them. Even though the lien period is up can the Notice of Intent be used as a Demand Letter? I am concerned about a SOX violation if we do.
OhioHow can i get a homeowner to make the final payment homeowner states he will pay once the minor repairs are made. Should i send a demand payment letter
North CarolinaCan a lien be disputed if you have a subcontractor that failed to perform, as a GC we terminated their contract and now they are filing a lien for the full amount. How do you combat this for the owner of the property?
FloridaHi,
Ware a licensed drywall subcontracting company and recently have been running issues on receiving payments on projects. Once we invoice the gc how long is it until we receive? For the majority many contracts state net 30 but we run into owners haven paid gc and then we dont get paid almost 65-70 days after
Arizona What are my options if a contractor does not complete a job,does not provide a contract and tries to cut corners instead of doing the job properly. He promised to get the job done by a certain date and did not. Now he wants complete payment for the job even though it’sNot complete and is threatening to file a lien on my property. The claim is only $1000, but I’m going to have to have somebody else come in and complete his work. Thank you in advance for your response.
IllinoisThe pool service guy that does my monthly pool cleaning put a mechanics lien on my property. In July our filter stopped working and our pool guy said it was because we needed a filter cleaning, and that it would be $75.00 extra. We agreed, and after he completed it, he said that it wasn’t the issue and that we now needed to do some re-piping to the back on the filter. He said that would be an additional $200.00. We agreed again, and he did the work. Our bill arrived for $445.00 ($100 regular service, $260 pipe repair and 85 filter cleaning.) I disputed the amount because it was higher then we were quoted but he only took off $10.00, and said it was more because he spent time researching how to do the re-piping. On top of this my new pool guy said he did a bad job and is now going to charge me more to fix it. Despite this, I sent him a check the first week of August. Unfortunately, I accidentally switched 2 numbers in the address line and just received the check rendered “undeliverable” back in the mail from the USPS. On the same day, I received a Notice of Mechanics lien for sum of $628.00. The pool guy never contacted me by mail, email, text or phone to let me know he hadn’t received payment. Since receiving the notice I have called, texted, emailed and tried to deliver the original check in its returned envelope in person to prove that I had tried to make the payment in good faith and it was just a simple mistake. Despite my attempts, he has not responded at all. I want to settle this, but I don’t know how to if he won’t respond. What are my options? I feel like I am being ripped off with all the fees he is adding.
The debtor's attorney says this mechanics lien is invalid. Is it invalid, and what do I do if it is?
There is a company that filed a lien on the property for the amount of $7,650.00. They were contacted by the debtor's attorney and they made an offer to remove the lien for the amount of $7,650.00. The company was then advised to remove and reattach another lien for $27,300.00. This was done because the first lien filed by the first attorney did for March debts only, and the second attorney attached it inclusive of the debts that were accumulated in February. The literature of the sworn statement of the first lien states that:
"The total amount due to *** Trucking Service, Inc. for trucking service from March 1, 2019 to present is $7,650.00 plus other costs associated with filing this Lien and giving the requisite notice. This amount represents the balance of the debt owed for under the contract and is true, correct, and just, with all just and lawful offsets, payments, and credits known to Affiant allowed."
Now that lien has been removed and another has been attached which states:
"After allowing all just credits, offsets, and payments made to Claimant, the amount of $27,300.00 remains unpaid to Claimant under its contract with the Subcontractor. Claimant herein claims a statutory lien against the property, and all removable items located therein, under the provisions of TEXAS PROPERTY CODE SECT 53.001, et seq., to secure payment of said amount."
The attorney for debtor states that because there is sworn statement for the balance of $7,650.00 it makes the new lien for the balance of $27,300.00 invalid and void. He even threatened to file a lawsuit for filing an invalid lien. I read the first lien as giving dates of "March 1, 2019 to present", therefore if another lien attached for the balance which is inclusive of debts prior to March should be rendered as legal and binding. Is this not so? Would the lien be valid even if the previous lien attached for a lesser amount was removed and replaced by a lien that included months prior?
Texas