If there was an incorrect name placed on a Preliminary Notice Served and the Company went to file a Stop Notice later, would there be any sort of issues that may arise from the miss spelling or wrong Company name (John Doe Construction Construction instead of Jon Doe Construction Corporation) on the Preliminary Notice?...Read More
I was hired by a property mngt company that I have worked for for over three years, we have an ongoing contract for services that names me as an authorized vendor. I started the job 8-14-17, emailed a notice to owner 11-20-17 and completed the job 10-6-17, sent a notice of intent 11-28-17.
The property mngt company is claiming they are agent for owner, I have not had any contact with property owner, mngt company will not provide contact information for owner....Read More
5C is currently supplying one to five material hauling trucks to a local concrete company. We are picking up sand and rock for the concrete company and delivering it to their plant for use in their concrete mixes.
We began providing the services 5/15/17 and have done so most everyday since. I would say there hasn't been more than 2-3 days break in the work at a time. Does that have an impact on the "start date" of the project? If we are eligible to file a Mechanics Lien is it too late to submit the 20 day _preliminary notice? I understand that it would only grant us back through the beginning of November.
Thank you!...Read More
I feel like we are correct in beginning the lien process - started the NTO's - (We were hired directly by an Owner's Designee to negotiate the telecom agreements at existing properties - no building permits) but I have some concern that our client may lash out and make it difficult/expensive for us by suing us for incorrectly filing a lien or slandering them to their lenders by falsely claiming we made an egregious claim. Need some support here!...Read More
We are a material supplier of aggregates and ready mix. We have a customer that provided us with an incorrect address when they placed an aggregate order. Our delivery driver did not notice when delivered as the properties are next to each other. We believe our customer may have done this on purpose. What are our lien rights in these circumstances?...Read More
As a subcontractor filing a prelim 20 day notice for a project that we were required to have a payment and performance bond, do we need to include our bond information on the prelim notice, or only include bond information if the GC has a bond on the project?
Thank you...Read More
Our company provided labor as a subcontractor to a primary contractor for a residential homeowner. The contractor is more than 30 days past due on their payment to us. It is not our customary practice to send preliminary lien notices to homeowners so we missed the 20 day window to submit one to the homeowner. What recourse do we have in recording a lien for the unpaid invoice?...Read More
I am an unlicensed residential designer. License is not required for single family residential up to two floors. A client contracted with me to design a remodel. Because he was in a rush he pulled a demo and foundation repair permit and work commenced while I was designing. He cancelled the job right before I was supposed to pull the permit and now he doesn't want to pay because he says the job was not finished. Does the demo and foundation repair allow me to file a lien? Also, the lender wasn't notified of my contract. Do I have any danger of being sued for slander of title?...Read More
We are at the end of a home remodeling project, and have paid partial amounts along the way. We received our final invoice and it includes change orders that were not at the price given by the contractor. It also includes a 4 month old bill for HVAC subcontractor stating that it is a change order, and that we owe it (plus the contractor's 20%). Our contract states these changes must be agreed in writing by both parties. There is no communication regarding this bill or that it wasn't part of the original contract.
I told him we disagreed with these items, and included his e-mails with the original $ amount for the approved change orders. I said we felt the HVAC was not a change order, and was part of original contract. I then said how much I agreed to pay. He replied that he disagrees and full payment is due otherwise no more work will be done (a minimal amount it left).
Today, I received a prelim 20 day notice (that he mailed before he sent our final invoice). I'm worried he can file a mechanic's lien even though he seems to be breaching his own contract. I had given him a partial payment of $5000 instead of $9700. After my calculations, I feel I owe him another $1000 or so. I'm not sure what to do next?...Read More
A customer is questioning why we are requesting the information to file a preliminary notice on a hospital construction project for which we will be renting, erecting, relocating and removing for the masonry contractor....Read More
.could you consult me, please on my situation:
Three parties: Me (owner) - General Contractor - RobertsonsMix (concrete company)
General Contractor worked for me since 2016 November
We used concrete materials on November and on August
On November according to Robertsons I was received preliminary notice which was paid by general contractor in full and on time back in December 2016
On August my general contractor did not pay new balance and left my property
Robertsons did not send me new preliminary notice and they are sure the old one is good for one year, even that one was paid in full, and this assignment is new?
7. Any suggestions?
D.Dargis...Read More
In Oregon state law allows an unlicensed handyman to perform work, if the total of labor and materials is under $1000 for one project. If I do this I would want to know if I could still file a mechanics lien if needed. A contractor must give a client a Notice of Intent to Lien at the start of a job, but since the small handyman is unlicensed would still still be proper? Seems like it would be, since a lien is a lien. However I would like to clear this question up....Read More
My company usually does work in apartment buildings and is not required to provide pre-construction notices. However, we are currently owed money by a real estate agent for work done at a single-family home that is for sale. She has stopped answering our calls and emails. I think I have determined that we waived our lien rights because we failed to provide her pre-construction notice, as required by A.C.A. 18-44-115. Does this in any way affect my right to sue the real estate agent for applicable causes of action?...Read More