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Preliminary Notice Questions
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Preliminary Notice
All States
I recently pulled a permit in a Texas city, as an electrical sub-contractor. Two days from finishing the work for the entire project. my company was fired because my supply house delivered some equipment missing two critical components.
when notified the manufacturer explained that there had been a Covid-19 outbreak in Mexico where these components were currently being made and there was no date in the near future that manufacturing would continue.
I explained the situation and was told that i would be let go so he could save his ass from having to pay 1500 a day for going over the deadline.
now I'm out 12,000 for materials and labor and feel as if I was let go unfairly.
What is my course of action and do I have a course of action.
Something quick I'm drowning in debt and scraping by the skin on my teeth.
I want to file a lien and sue their asses off!
Texas1. If I have a contract with a GC to install solar panels on several properties, do I have to send NTO's to each property despite the single contract?
2. Is design and engineering part of the "45 days after first providing labor or materials?" Does our time start ticking when we first set foot on the jobsite or when we start the pre-work?
FloridaWe have a job in Levelset that says the Prelim expired on 11/25/2020. What does that mean and were we supposed to file another one?We are Asher Construction Inc. in CA and my name is Julie Kidder. Julie@asherconstruction.net.
CaliforniaWe are a home staging company. We consult on properties, Providing design and decorating and home-improvement tips as well as lease our furniture and furnishings to homeowners and style their homes to make them appealing for sale. Our client paid the project fee on a credit card but has since disputing the charge to get out of paying for our services all together even though our work was completed and our services provided a desirable result and her house is under contract. We are now facing have to refund all the funds paid and coming out at a net loss after we did the work, and has enjoyed our furniture for 2 months- she still has the furniture, in fact. We are a small business and deserve to be compensated according to the terms of our agreement and common decency. Any guidance here would be very helpful. The clock is ticking and we need to take action before the Hoise closes next week.
FloridaWe had new windows installed on June 18th 2020. The job was never completed as they didn't have enough material and the windows were not to contract size as well as installed backwards and upside down. the job stopped on June 18th 2020. The owner of the company came out to look at the issues in August 2020. We have been in contact with the owner of the company since then and have not come to an agreement. A Preliminary lien was never placed or sent until last week March 2021. The lien was filed 3/24/2021. Is this valid? The Lien also leaves out my husbands information and only states me as the occupant of the home. Our job was financed and they never sent the finance company a payment demand.
CaliforniaI'm a GC building on a custom 1M+ home. I've held back a partial payment to my concrete sub due to corrections that need to be completed. He has about 17k left unpaid on his contract and I'm concerned the corrections will cost more than that. He's alerted me that 2 subs of his (concrete supplier and rebar supplier) have not been paid and have let him know they intend to lien against the property. I've now paid both of his subs, but never received any prelim from either of them. How is this supposed to work? As the GC, aren't I supposed to receive a prelim from any sub working on the job? How do I protect myself in the future?
California We paid half down, and still owe half. The job was completed Sept 16, 2020. Bad workmanship needs correcting. Construction told us to have another construction company inspect job & write a report and they work fix those items. They will not. They wanted to repair select items and when we questioned what items, no more communication from them. Why haven't they filed a lien?
We don't think there is a contract, we have asked for a copy numerous times in the last year without success. In Mn do constr. companies have to give a written notice within 45 days of starting the work that they could file a lien?
MinnesotaI'm a property owner that signed on 12/15/20 a "home improvement contract" standard form (not sure of source) with a representative for a licensed general contractor, not the license owner. The contract lists a series of documents to be incorporated into the contract such as Mechanics Lien Warning, but none of these documents were provided by GC or signed by us. On 2/22/20 we notified the general contractor by phone and email that we were terminating the contract with them due to issues with the project including poor workmanship, building code violations and lack of oversight by the license holder. Our home has a HELOC we are using to help fund the project but not a construction loan per se. We paid for some work even though it was not fully completed or materials bought. Can the GC file a mechanics lien for money they believe is owed them?
CaliforniaAs a homeowner, we signed contracts to have renovations to our house in Fall of 2019. Work technically began in Jan 2020, then ceased till April. Turns out the contractor had their license suspended for 3 months by the state during that time. In any case, work was provided off and on from late April till late July, though not complete per last contract signed mid May 2020. They submitted the 20 day prelim in mid August, about 25 days after last onsite date. About 190 days after prelim we have received a Notice of Claim of Lien. The "first provided services/materials date" is falsely filled with the date they were last onsite (late july, not Jan or even April when most work began). Do they have any legal standing? We believe they provided false info for the Notice of Claim so the agency would process it and bully us into an overpayment. A majority of the project was already paid for, and we would pay for what was provided but the asked amount is demonstrably more than services rendered. Thanks.
ArizonaHi. I received a Notice of Mechanic's Lien from my contractor. Public record indicates an Index Number has not been issued. Do I still have an option to resolve this dispute outside of court?
Your input would be greatly appreciated.
Property Owner
New YorkWe are an equipment leasing company. Our credit application includes our terms and conditions which is signed by the customer went he account is opened. Can we use this application on the preliminary notice rather than a copy of each individual lease for each piece of equipment?
LouisianaAre Prelim requirements in California the same for any and all types of liens, including lesser known Self Storage types? And, if the charges stated in the prelims are incorrect can you correct them after you serve prelim notice or do you have to issue a new prelim?
CaliforniaI sent our prelim notice originally during the 20 day period for the contract amount. Let's just say the contract was for $10K.
We are now adding scope to the original scope. Let's just say that's going to be an additional $5k. Do I send another prelim notice for just the new scope amount of $5k or sum it to the original amount for a total of $15k?
CaliforniaI am helping a neighbor who has become the target of an elder abuse scam by an unscrupulous windows company in CA. This shady company took a nearly $40,000 deposit for "special order" windows over 6 months ago -- even though I believe such a large deposit is illegal in California, even on custom-built materials. The windows were just installed this month, and many are different than the ones ordered in both size and style. My neighbor is therefore withholding the rest of his payments, and the contractor & his family members have started bullying him on the phone daily. They also said that they mailed a preliminary notice this week. My question is, given that the window scammers emailed him in December to say the windows had arrived at their facility, and he'd paid for most of them already with the ~$40,000 deposit, did the company already miss their window to file a prelim notice? It seems that the the windows were technically furnished in December. For what it's worth, there is also not a complete contract as far as compliance with BPC subsection 7159. There was never any paperwork with a payment schedule or approx start & end dates given.
CaliforniaI am an Oregon homeowner who received a Notice of Right to A Lien from the lumber company, who supplied the materials to my general contractor for a $19k construction project on my home. The notice came via registered USPS mail and I had to sign for it at my doorstep. The notice could easily be perceived as a threat if a homeowner did not know about construction lien laws in their state. Seeing the word "lien" is enough to make your heart skip a beat. I can't imagine this is a common and standard practice of sending these notices out to homeowners unless there is a questionable relationship between the subcontractor or supplier and the general contractor. How common is this practice in Oregon? Do contractors routinely attach the notice to every contract they prepare for a homeowner? Do subcontractors and material companies automatically generate the notice and send via registered mail to homeowners for every residential project? Or, does the industry pick and choose which jobs they think are more at risk?
Oregon