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Preliminary Notice Questions
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Preliminary Notice
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I've already set up a lien notice for the original contract amount and added 1 approved change order to that total that was approved before project started. we have several more change orders that have been signed and are in progress now that the job is in progress. Can I set up one lien notice for multiple change orders or do i need set up one lien notice for each change order?
CaliforniaI am a home owner who hired a project manager to oversee the rebuild of my home damaged by fire. The project manager exceeded the contracted completion date and did not manage the flooring contractor and allowed engineering floor installation without proper floor prep and room acclimation, this resulted in clacking floor boards in uneven placed and curved boards that are popping up at the seam in certain areas of the floor. It was a bad install, plus my kitchen cabinets install was incomplete and one cabinet is damaged. I proposed to buy the contractor their final pay less the cost to replace flooring and complete the cabinet installation and other agreed upon credit. In addition I added the charges to complete the areas around the fireplace. He wants all final pay without adjustments for incomplete and faulty work.
TexasA notice of furnishing was sent per the state of FL requirement, however, our customer advised that the address is listed incorrectly in the legal description. I spoke with a level set rep and he advised that this was a typo. The question I have is does this letter need to be resent? Does the letter secure our lien right in FL as is or do we need to resend with the corrected legal description?
FloridaI am a owner builder and I was building with my mom boy friend and he is now trying to file a mechanics Lien when he does not have a contractors license nor did he file a Preliminary notice can he still out a Mechanics lean on my property
CaliforniaIf we have an out of state job do we send the Notice complying with California law or do we have to file the notice under the laws of the state in which the work is being done? thanks
CaliforniaWe did not send preliminary notice within 45 days of the first furnishing on this FL project. We do anticipate payment problems. The job is still ongoing. If we send prelim notice for material going forward, will we have lien rights? Please provide further details on how the company can protect ourselves form a forecasted payment problem on this job. Thanks!
FloridaI had sent a lien over to a customer back in July but I would like to edit it because there are additional costs that were added to the same project.
CaliforniaWe supply materials to subcontractors, and we sent a notice of furnishing thinking the job was privately-owned. Turns out the job is owned by the county.
Do I need to send another notice of furnishing that is public-specific? We are now past the 21 day deadline. Thanks.
OhioOn an open contract I am trying to enter into Levelset, the only address we have is Copper Head Road, Geismar, LA 70734 . We do not have an exact numerical address. Should I have a mechanic go drop a pin to get the exact coordinates?
Contact myself Ali Knisley or Kasi Critendon
LouisianaI have a finished project. Final Inspection is done. Everything is complete. The homeowner is using there pole building. In our contract it states the scope of work.
We did make mistakes, such as homeowner disclosure was signed when we started, the concrete was already poured. So it was about 4 days late. It was not intentional. It should have been done electronically as soon as we realized it wasn't done we had him do it physically. our attorney now says its not valid because of this. he isn't a construction attorney.
So fast forward to the end, he is complaining about his apron concrete and lean-to concrete not on his contract. We didn't agree to these things. Finally I say fine. we prep for the lean to concrete and he is complaining more about gravel that his lean to wasn't wide enough where the concrete ended. It's free.
So fast forward they are finished minus the free concrete. the inspector comes and finds that the engineering changed and they sent the one with standard wall girts. they used to have both on the engineering and now to make more money only send one.
he said send it to me ill pop back over and sign it off , he also needed me to turn the site analysis around it had downloaded to his map backwards, covid has the new system for us still on a learning curve at that point. everything was through a new pdf system none of us had used. so the homeowner comes home and immediatly sends a certified letter saying it failed inspection because of faulty workmanship. That we don't know what we are doing and that we did a horrible job etc etc.
Thats not the case.
He blocks the jobsite says we cannot give him his free concrete.
I say fine you still have to pay.
or we will file
he has his attorney call us.
he writes a letter to our bond company, even though it's not filed they flag us have us cancelled and we cant get a bond minus one we paid an extreme amount of money for.
the attorney says in the letter the building must be tore down. that we ripped the guy off on and on.
so finally the inspector comes back after telling him he needed to no matter what and signs it off telling him there is nothing wrong at all.
a couple more days go by and lni calls and fines us for the concrete guy not being licensed. he had a good bond insurance his lni taxes paid to date but his state license somohow expired and he didn't even realize it. he has a company do all his licensing taxes etc. he's been in business over 30 years, when i look at the lni site i saw good bond good license good lni account i didnt even see the expired part on the top right .
and for not have a home owner disclosure, because it was signed after the start date it doesn't count.
So we paid them becuase we were up for renewal and the lady said you can't renew unless you pay.
We hired an attorney paid a big retainer and now we are sitting here and today the attorney sends me a letter saying tough luck pretty much he can sue you for consumer protection laws because lni fined you.
So now even thought it's finished nothing needs fixed, we did nothing wrong we are just out of luck?
Is this really correct?
this is my attorneys letter to us or his assistants whatever
Per my phone call on November 30, 2020, I have done some research regarding the claims in letter and the potential impact it can have on your claims against Messrs. . After discussing the matter with we think it is best that you review this research and recommendations prior to determining what actions you would like us to take.
RCW 18.27 controls the requirements for registration of contractors. RCW 18.27.350 provides, that an "infraction" under the chapter constitutes a violation of the Washington Consumer Protection Act ("CPA"). It is an infraction to subcontract with an unregistered contractor. RCW 18.27.200. From our conversation, it is my understanding that the subcontractor utilized to lay the cement for the project was not registered at the time of working. L & I issued a fine, and it was paid. This is likely an infraction under the statute and a violation of the CPA.
I will note, that one court has issued a ruling that might be beneficial under the facts of your case. In Taylor v. Calene, the court stated that to constitute a per se violation of the CPA through 18.27.350, there must be an infraction proceeding before a court. 2015 WL 410348, *3 (2015). Since L & I only fined you and there was no hearing, there is a good-faith argument that there is no CPA violation. This is the only case that has provided this ruling, so there is the potential that the judge we would eventually be in front of will not follow this ruling.
The CPA allows a consumer to recover attorney fees if they are victorious on their claims. RCW 19.86.080; RCW 19.86.090. From our viewpoint, the opposing party does not have very many damages, if any. They received the building they purchased. However, the court can still order that you pay their attorney fees if your suit is unsuccessful. This is even under circumstances where they do not require you to pay damages for the pole building to the opposing party.
You have exposure and your case is not perfect. Messrs. will have a difficult time pleading that they have been injured in any way. But, if their goal is to make this as time consuming, costly, and difficult as possible, they have a lot of avenues to accomplish that goal.
There are essentially two ways forward: (1) despite the law I cited above, you move forward with a lawsuit, taking the risk of attorney fees and costs associated with litigation; or (2) we can draft a more reasonable settlement letter. Depending on your risk tolerance, both are adequate options and could lead to a resolution of this case. Please consider these options and let me or know which option you would like to pursue.
WashingtonPublic Project in Albany County , WY. We are drafting the preliminary notice. I have legal description and address, but what goes in the "Property Description" field? Also, who can sign the notice? Only the issuing contractor's representative, or can counsel for the subcontractor sign the notice?
WyomingI'm a plumbing sub working g for a gc. 144k project. Gc gave a task to another sub and sent me a change order to subtract 18k. And other things. They have chipped away at my numbers and have not issued me change orders for things I have done at thier request. I kept working as to not violate and hold up the job. They always distract from the issue and don't want to discuss. Job is almost done. They havnt reciebed final draw from ups and I just got my final inspections. Is this the time to file lien to give me negotiating power? Should I file myself or reliance attorney? If the latter, then who? Waldorf md. My cell 2318180524. Best to initiate with a text. Thank you.
MarylandWe are a subcontractor working on a project that has been 90% paid. We started on 2/23/2020, but forgot to submit a prelim notice. What are our options now? Can we submit it even though it's expired? We still have not been paid the balance on the project.
CaliforniaWe sold custom cabinetry to a designer client and now the designer is not paying. We did not file a pre lien on the subject property or designer (not a contactor) so what are the current options? Thank you
CaliforniaOur project dollar amount has increased by over $2mil
California