Ok I am reading the updates on TN Lien Laws and I read "For home improvement contracts, additional “notice” language must actually be built into the contract between the general contractor and the owner. There are no notice requirements on such projects for parties other than direct contractors." Exactly what language needs to be updated in our contract, or what needs to be added to make sure that we are following state lien laws. I have a bunch of questions, so there will be many more to come below.....
Notice of Commencement Question:
The statement "Residential (Notice of Completion NOT simultaneously recorded and served): Lien and response (if applicable) required within 90 days of actual completion of project.", is this referring to Filing a Notice of Commencement and Notice of Termination at the same time. If not what does this mean?
The Statement "Residential (Notice of Completion Recorded and Served): Lien and response to Notice of Completion required within 10 days of date on which Notice of Completion filed." Does this mean that once a Notice of Completion is filed, we only have 10 days to file a lien? Also are we as the General (Prime)Contrator filing the Notice of Completion or is the owner.
This Statement "Yes, notice is required in Tennessee. As well as recording the Notice of Lien and Sworn Statement with the Register of Deeds in the county in which the property is located, the lien must also be given to the property owner. This may be accomplished by registered or certified mail, return receipt requested." Who sends notice to Property Owner? Is this automatically done through Levelset if lien is filed through levelset. If we file the lien through the county registers office, do they send the lien notice to the HO, or do we need to send this information to the HO?
I just want to make sure that we have procedures in place for and Apex is protected fully by these procedures. As collections manager it is my responsibility to make sure this happens and just want to make sure that I am correct in doing so...
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I send an invoice to my customer and has been almost 30 days and he is not responding as per our agreement I passed the rough inspection and the payment of $15,000 need to be made by him as per our contract I haven't heard from him, and I want to know what I should do to receive my payment ASAP ...Read More
I have a contractor threatening to file a lien on my property. I want to pay for work done but I am out of town and need a few days to get to the property to verify the work is complete. I never received notice of intent for a lien 10 days prior start of work.It is a non owner occupied duplex. Can they file a lien without that prior notice? ...Read More
I am a subcontractor. The project we are working on has run several months past the original completion date, for various reasons, none of which have anything to do with our company. The GC keeps giving me the hours are hours speech and not recognizing I have additional costs related to these project delays. Instead of 20 guys working we only have 5, but have other costs involved. Including: Multiple rental equipment, fuel, overhead and housing. What notice do I need to send to properly notify the GC of the increased project costs? There is nothing stated in the contract agreement for additional costs requests....Read More
We are a rental supply house that rents equipment to contractors. What type of jobs are eligible for preliminary notices and are there certain jobs that you are not eligible for preliminary notices. ...Read More
We prepared drawings for a contractor in Canada in anticipation of a supply and install contract in conjunction with the project. When they failed to contract us, we billed them for our drawings (since we found out they were using them to provide to other contractors to build our system) . They have failed to pay our invoice after acknowledging it. What avenues of recourse do we have, if any (since they're in Canada and we were never in contract)?...Read More
Hello! If a preliminary lien notice was filed by subcontractor A against a GC and then the GC states it was a mistake and provides a different preliminary lien notice, for the same project (all details match) EXCEPT the preliminary lien notice is now between subcontractor A and subcontractor B (works for GC,) what are the necessary steps to clear the original preliminary lien notice between subcontractor A and the GC? ...Read More
Private funded project involving roadway improvements for a lot split. The city comes in and request additional work to the city water supply system. The additional work is under a separate contract with the city and is almost $50,000 . Additional work does not improve the property involved. It is performed by the same subcontractor but without any knowledge to the owner of the property in question. Can the Sub file a mechanics lien for the city requested extras without any preliminary notice being sent regarding the extra / separate contract work?...Read More
Hello I was looking at sending a Mechanics lien but we own our business in California & were wondering do we have to send a pre lien before the mechanics? ...Read More
The customer is refusing to pay us, based on a mistake one of our drivers made on his yard our insurance is willing to settle with them on that problem it has nothing to do with these invoices that are past due. What actions can we take?...Read More
Good afternoon
we started a project with our customer Insight Lighting, we started delivering parts for the paint booth since 9/21/2020 but due to Covid we were not able to coordinate the installation and find a crew to install this job until the end of July 2021, most of the job got installed by 2/15/22
Please advise if we can file a Mechanical Lien or a UCC lien on the equipment ?
Please advise,
my number is 7146247055...Read More
We are an insulation subcontractor and there is a portion of the jobs we contract with the homeowner who do not have a general contractor. We were told that if this is the case we have to act as the GC and fill out the NRS form. If we do have to do this, how would we properly fill it out? Also, if this is not the case what is the proper way to notify the property owner? ...Read More