Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Upcoming Webinars
MAY
08Ferguson’s Mission-Driven Leadership: How Purpose Powers SuccessLive Webinar: 10:30 AM CST
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Preliminary Notice Questions
All Status
Preliminary Notice
All States
When the contractor provides me with a Preliminary Information Sheet I put that information into Levelset to have it certified mailed to the people of that project. I am learning more about Public Works Project Compliance and now looking back I notice that on some of the Preliminary Information Sheets I do see a DIR #. If I see Prelim has a DIR # on the Preliminary Information sheets is that telling me that I must be reporting a prevailing wage , certified payroll in xml form that is a eCPR into the DIR website no matter what?
CaliforniaJob in California started 9/14 and ended 10/24, we did not receive the Preliminary Notice from subcontractor until 12/14, there is no date on the document for when it was filed (who do we know what date it was filed? does that matter?). Is it still valid if we received it that far after the project was completed? And is it still valid if we paid them and they send us a lien waiver?
Californiais a preliminary notice informaton sheet I get from the contractor ( we are the subcontractor) is that the same as what I can get from the DIR if it is a public works project?
CaliforniaWe send out prelims for every job I am a GC we do water restoration we do Water and Abatiatment and will at times have contents or ALE which is a water heater they are bill separate to the insurance company sometimes they start at the same time but always bill separate. I need to know can they have the same prelim and lien #
CaliforniaI had hired a company, 1st impressions Ironworks, to build and install an iron gate. The cost was $2600. I gave them a $1,300 deposit to build and install the gate.
A VERY long time later, they came to install the gate. While installing the gate I noted that the gate was manufactured backwards. The side with the iron work design, which is supposed to face the street, was facing the back yard and the side with a completely flat side, was facing the street. The install technician was a contractor hired to install the gate and told me not to make the final $1300 payment to ensure this would be corrected.
I then reached out to the salesman who sold us the gate. He put me in touch with someone else at first impressions. This individual presented us 3 options:
1. Remove the gate and build it the way we actually ordered it while screwing plywood over the opening until it’s done, in which 1st impressions could not even offer a timeframe for this, causing a major issue with our HOA.
2. Add a small decorative piece to the upper part of the gate facing the street while it’s in place. This would have required us to submit these changes to our HOA and wait for an approval.
3. Leave the gate how it is, built and installed backwards, and receive a 15% discount on full price of the gate.
We agreed to the discount on this gate since dealing with our HOA was proving to be a major issue for us. Also because having plywood screwed over the entry posed a major issue for us as this gate is the entrance to the secondary structure we had built for business purposes. That would have impeded our business and again, 1st impressions could offer no timeframe whatsoever as to how long that would take therefore we elected to accept the 15% discount on the gate.
Since the original price of the gate was $2600, we were to receive a $390 discount off the price of the gate. As we had already paid them $1300, we should have owed them $910, the remaining balance after the discount was applied.
First, 1st impressions attempted to collect the full $1,300 balance. I kindly reminded them of the 15% discount they offered due to their incompetence. I then was billed $1105. After doing some quick math I realized that first impressions had only calculated the 15% discount off the balance due of $1300, not off the actual price of the gate, $2600. I notified them NUMEROUS TIMES we were more than willing to pay 1st impressions the agreed upon price which would include the 15% discount.
Recently I fell ill with Covid19 and during the time I was ill I received a voicemail from 1st impressions demanding that we pay them $1300 or they would send us to “collections”. Today in the mail we received a letter stating that a mechanics lien for $2600 has been filed.
I feel legal representation is currently warranted and would
Like to discuss my options as we feel 1st impressions has failed to live up to their agreement and is attempting to overcharge us for this item.
What legal recourse do we have as customers and what should we do?
ArizonaI work in the trucking/construction industry as a subcontractor. I work through Brokers to get my job assignments. They don't pay us/me until they are paid by the contractor who called them for truck(s) to come out to there sites to either remove material or bring material to them at the sites.
In other words I will not get paid at all until they are paid first by the contractor that hired them.
I want to know if that is legal for them to do it that way AND if I should include as a matter of practice when I submit my work ticket(s) to them a 20-day Preliminary Notice. I am a bit concerned about upsetting the Broker. I'm not sure is they would take offence to me sending this kind of notice.
CaliforniaI'm a non-licensed mechanic can I put a mechanic's lien on a vehicle still being financed
TexasHow to complete a pre lien notice if I don’t have the bank info that’s providing the construction funds thru the owner and contractor ?
CaliforniaA lien has been recorded against owner's property by a subcontractor with no contract with the owner. Subcontractor provided a preliminary notice but failed to list the type of labor or materials he was providing in the section of the preliminary notice that asks for this information. In fact, it was blank. Does the owner have a defense to this lien claim?
CaliforniaThus far, we have only sent pre-lien notices to the taxpayer of each property. However, my understanding from reading another WA state construction lawyer blog is that we should be sending the notice to both the property owner and the prime contractor. Additionally, upon receipt of full payment, we're meant to send a lien release to both parties. Is this the case?
WashingtonI am a house owner in Pennsylvania. I had hired a PA to help with an electrical unit replacement claim. The PA then called the restoration company to rip off the drywall and install moisture sucking machine to find the potential leak that caused the unit replacement. They were unsuccessful in finding the cause and then we got a local handyman to fix it for us for just $150. We were told that that the claim would pay for all the expenses but the work authorization contract we signed with the restoration company had a line that said I will be responsible to pay the company if the claim gets rejected. The PA also created an inflated bill for future repairs such as repainting the drywall and carpet replacement and sent it to our insurance company which eventually got denied. The restoration company wants us to pay the inflated bill of $8000 for one day's worth of work (ripping drywall (in ~100sqft area) and sent us a notice of lien. How do I deal with this? I do not want to get into any legal battles.
PennsylvaniaHow to complete a pre lien notice if I don’t have the bank that’s providing the construction funds thru the owner and contractor ?
CaliforniaAn attorney friend lied, said he was broke. Asked to borrow money and then tried turning the money I sent him into a job working for me. There was no job offer or any position available. It was made clear. Behind closed doors he was acting like he was the boss telling me I needed to pay him 60k retainer. I kindly asked him to leave and was going to have him arrested if he returned. He said s still holding 20k of my money. No call contracts or agreements were ever signed. He was a friend of another attorney friend that passed 2-3 yrs ago. Our long distance conversations grew-I one time said if I had the Money I would pay him 5k for listening. He always replied- no, we are just friends Julie. Help? Now I've been scammed. I do not want to involve my real attorneys. This guy conned me all the way. How do I file a lien and/or send an invoice for return of borrowed money? -Jerome Texas
FloridaI sent the notice of lien 2 days ago by certified mail acknowledgement due
the contract was with the realtor not with the owner
how long do I have to wait to file the mechanics lien?
IllinoisLast furnishing date should generally be the last date that the equipment is on site being used. If the equipment is just lying around on site waiting to be picked up, or if their customer is no longer being charged for the use of the equipment, that generally won't serve to push the deadline back.
My follow up question to this is, if our leased equipment set for 12months is returned earlier or later than the “end date” entered into Levelset, how will that effect anything? Should we still enter the term date listed on the contract into Levelset?
California