I have several new construction jobs that have gone on longer than a couple of months since I first filed my preliminary notices and the scope of work has changed increasing the contract amount. At what point should I revise or reissue my preliminary notices in order to make sure the entire time period and scope of work is now covered? Thank you. ...Read More
Due to the extreme volatility of the current lumber market, some of our big jobs are being sold across multiple purchase orders to reflect changes in lumber prices.
For example, one of our current projects only has a firm price for the first building of the job. As the project continues into the other buildings, new purchase orders will be issued accordingly. This makes it difficult to determine the total estimated contract price.
Is this something to be concerned about as far as sending the notices with an estimated total contact amount?
We are supplying underground materials for an entire residential subdivision. Would we need to send notice is this situation or would the project be considered more commercial since the work is not easily identified to one specific residential structure? ...Read More
i finished a job at school ran by a church . The church hired me to do water mitigation on Jan 1, 2021. I completed the work on Jan 9, 2021. I m having trouble getting my invoice paid. Need to know whether I have 60 days or 75 days to file a mechanic lien. ...Read More
We are a subcontractor supplying materials.
What's our exposure if our customer has a location in Fla, we contract to deliver material to cust. in Fla, & they then ship goods to their cust in IL?
How do we cover ourselves on this?...Read More
He is an architect, a design professional, with a contract directly with the client. He has been paid nothing. We know we have 90 days to file a lien. 89 days which would be Wednesday March 3. Do we need to file a preliminary notice or intent to file a lien prior to filing one. if so what are the deadlines we need to meet. The property is located in Bibb county Georgia
I am a general contractor that has completed a residential refresh on a house in preparation for sale. I have worked with this client on a variety of projects for the last 12 years and have never had a payment problem, so I didn't issue a preliminary notice. This project is more costly than she expected and she is balking on payment. What is the best route to secure payment?...Read More
The preliminary lien notice was returned by the post office saying "no mail receptacle." I have a PO Box to send it to. Do I need to retract and resend the preliminary notice to all or just mail it to the property owner at the PO Box. What is the correct legal way to do it? Thanks!...Read More
I've lived in a 1 Bedroom Cottage for 4 years+ now and am having issues with my landlord, which has led to her filing an erroneous UD claim (unlawful detainer/eviction) against me and my girlfriend (who intentionally remains unnamed in the complaint as "other occupant(s)"- yet likely could be argued she had a key and then therefore is a de facto tenant) and is making false, down-right defamatory, bogus claims about my use of the property and behavior to get around "non-payment" style evictions prohibited by the Pandemic Moratorium on evictions for non-payment , and is being addressed by myself pro se wise in Court here in Sacramento, CA.
SO.... with all that being said, here's my question:
Considering I had told the landlord about a Skylight Water Leak issue nearly 4 years ago that occurred during a bad rainstorm, and she asked me if I could repair it, which I replied "Sure, no problem" and took care of it, can I place a Mechanic's Lien on her property for Non-Payment since I was never given either Rent Credit or Cash in return yet she benefited, plus this was all over the phone as an oral request/agreement? ...Read More
We are a sub-subcontractor providing temporary construction labor only on a large renewable energy site. The GC is self-providing , so our client (the subcontractor) and the GC are one and the same. We missed the 20 Day Preliminary Notice by 4 months. Do we still have lien rights?...Read More
We had a company come out to perform remediation services to our home after an appliance leak. He said he dealt directly with insurance and had me sign paperwork, but never provided an estimate or even disclosed the pricing. Now he is threatening to lien our home because the insurance company finds the bill he submitted to be excessive in terms of hours and fees he is attempting to charge. As a homeowner, we are stuck in the middle. I believe he had me sign work authorization documents and some paperwork at the beginning, but we were not furnished copies, and again no outline of fees or actual services that were going to be performed were outlined. The contractor assured me throughout the process when I asked him on day one what my financial obligations would be, that he dealt with insurance all the time and that what he was doing was standard and that I wouldn't owe anything out of pocket. My understanding is that for him to file a lien, he would have had to provide me with a prelien notification and that it would include a set dollar amount. I believe he may have shown me a prelien document, but the dollar amount would have been blank. This seems to invalidate his claim that a prelien had been provided, and again, I was not provided with copies of such documents? I am at a loss as to how to validate the legitimacy of the fees and hours he is billing for, and the insurance company claims his practices and fees are out of line with industry standards? He also advertisers for all these services he provides and people show up with his company shirts on...but according to the CA State Licensing Board he claims to not have any employees? He apparently subbed some of the work out to another company who had workers on the job (wearing shirts that referenced the GC), and yet that company also claims to licensing board that they have no employees? We didn't even know another company was involved until he submitted a bunch of bills to the insurance company that included bills from these vendors? He is also now trying to collect and additional 20% in fees (called Overhead & Profit) on top of all these vendors bills. The fees equate to thousands of dollars, and are a major sticking point of the insurance company. The insurance company claims how he is billing represents a deviation from his previous billing practices. When I approached the contractor about revising or agreeing to negotiate his bill, he claims his attorney told him that if he lowered the bill by more than 10%, he would be constituting insurance fraud? This morning i received a Notice that he intends to file a lien. Help? How do i confirm he even filed a legitimate prelien notice? And doesn't the State of CA require an estimate or some type of contract that lists specifics services and fees?...Read More