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Recovery Options Questions
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Recovery Options
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Our company ( it's corporation) file a mechanic's lien but we short of fund to hire attorney to represent us to foreclose the line. Can I sell to other people to fight with the owner?
CaliforniaWe did a small turn and was supposed to be paid 1000 that Friday for our work. My husband and I worked under mark, he worked directly for a company named Conrax. Mark is just a gc as well, so I guess we were sort of his crew, but we had separate houses we were working on. Anyways mark didn’t pay that Friday said computers went down at the office. This was two weeks before Christmas. The week before Christmas we put a bid in on a house for 1340 or so, I have exact numbers. And we were to be paid the Friday before Christmas. We met his wife, she handed us a envelope with four hundred dollars in it and drove away. We usually get a check from them. The amount we were to be paid was the two weeks worth of work. We asked him had he made a mistake, he got mad and “fired” us. I have many texts and messages discussing prior to that, what was to be paid, what was owed and so on. My proof is what I call it? I got ahold of conrax told them I was filing a lien explained the situation. This was right after Xmas I talked to them, they said they’d contact mark and the higher up and get back to me. That very night, mark calls cussing yelling and screaming. His wife messages me asking what we’re owed, saying marks job is at stake how can she fix this and make it all go away. We also received threatening messages from on of marks actyal crew members. Today I finally herd back from conrex, they said since he had been paid out for the houses they can’t do anything bc mark claimed we had been paid everything we’re owed. They wouldn’t even look at my proof, and he still has his job? They pretty much said all I can do is sue mark. Even so, he won’t pay what we’re owed. Because he has done this, we’ve lost a lot. We have three children and bills just as everyone else, as I said we have a LIST of what we lost it wasn’t just the money and our main source of income. I need to know my next step. At this point hiring a lawyer isn’t a option due to not having money, even so, we wouldn’t get our money plus lawyer fees and court costs. And even so at that point if all worked in our favor, mark would never pay. I am not sure what my options now, I have someone I know who’s been in this business for 40 years and says to file a lien reguardless. Any information you could give would be very great. We are young and yes we’ve been renoavting houses on a smaller scale for a while now. But just within the past year we scaled out and started a company.
OhioWe've sold materials to builders and/or renovation companies who have failed to pay. We don't know where the materials were ultimately used. Do we have any lien rights when the company fails to pay us? If not, is our only other recourse taking them to court? Thank you!
GeorgiaI am a home-owner in Santa Rosa county florida and I had a grinder pump installed 10/2017 the company I bought it from and had it installed by hard-wired the pump and did not wire it to the box which will shut it off and alert us if there is a malfunction;causing the pump and surrounding puping to burn up and melt! Do I have any recourse if the warranty and labor was guaranteed for 2yrs, since it was installed incorrectly?
FloridaI have a friend who does business for the state of Alaska. the state has taken a lot more than 90 days in some cases to pay. Can she legally charge interest to the state on late payments? What recourse does the small business have against the State and its entities?
AlaskaCommercial Flooring contractor in TEXAS. The project took 2 years, retainage was billed almost 1 year ago. What is prompt payment specific to retainage withheld? How does interest work? Additional topic, we have several schools in one district all over 50 days due; and the statement we received FROM THE SCHOOL DISTRICT is they "have 31-45 days to pay the GC"....every law I read says 30. THANK YOU for any clarity. :)
TexasI gap funded a fix and flip for 4020 East Colter Street, Phoenix, AZ 85018. The property owner, Flip2Freedom, llc, and my company, MCP Management Group, Inc., signed a joint venture agreement for my loan of $65,000 in gap funds for the project. The owner, Mr. Danny Pacheco has not repaid the loan with interest and has ignored all attempts to speak with him for the last month. He was supposed to repay principal and interest by May 31,2018.
ArizonaHi, I filed an affidavit claiming lien on the property owner when the hiring contractor ghosted on us with ZLIEN. However, I am not sure if anything will be resolved as the hiring contractors has avoided phone calls, emails, all forms of communication post services rendered. It seems they have planned this from the beginning. This debacle cost us a working relationship, closure of a branch not including financial losses. I have researched the hiring contractor and found multitudes of complaints from customers and contractors alike all over Texas about their work ethics and practices. My question is, are there other legal ways to stop them from repeating the same behavior? We tried complaining with Better Business Bureau but they were unable to help because we were not customers.
CaliforniaHi, I want to know the process I must take. Our company was subcontracted to do work. The contractor signed a proposal that agrees to deliver full payment upon completion. It has been 3 months and we still have not received payment. every time we ask he gives an excuse saying he didn't get paid yet. Which is none of our concern because that wasn't in the contract. What is the step I must take to go about getting payment? We are in the State of Florida, and we did not do a Notice to owner before we started the work.
FloridaI have read from multiple sources that for Arizona owner-occupied residential projects, "Only parties who have a written contract with the owner-occupant may file a lien against an owner-occupied residential project.".
Does this mean that a subcontractor who is only in contract with the prime contractor does not have lien rights? If so, what alternative recourse does the subcontractor have to recuperate funds owed?
ArizonaIndependent subcontractor. Was an employee for EmergiPro of Cedartown geargia. He changed from employees to subcontractors. He refused to pay me for my work and will not allow me to finish my work.
Georgiai am an unpaid sub on a job. Freedom Mortgage is holding a final draw on the property. i could not get homeowner to agree to pay me so i filed. now that i filed, we have agreed to paying me out of the final draw from the bank.
The bank however wants me to record the NJ release of unpaid balance form BEFORE the money can be distributed to the GC/Homeowner. How can i record this BEFORE i get paid? i cannot lie and say i was paid in full. can i change the language to say: contingent upon receiving funds from final Freedom Bank Draw request?
New JerseyI live in California I am not AY since contractor but I did build a 3' high brick wall at the length of 105 peat with wood fence on top myself in my neighbor had agreed to split the cost of said gate as well as tearing down the old gate which was ivy and Rhett and bested once I finished the gate my neighbor said that they didn't sign anything so the ergo they don't have to pay me they're trying to sell their house they used me to to build the gate so that they Could re. finance their house back in September
CaliforniaWe're a GC in California, completed emergency mitigation services for a homeowner, submitted AOB and direction to pay to insurance company, they issued two party check to homeowner and their mortgage company. What do we need to get paid directly?
Adjuster is claiming the mortgage company has to be included based on the dollar amount, is that valid?
CaliforniaCustom parts were ordered by a company, the parts were made and the invoice sent. The company canceled after being invoiced and is now refusing to pay.
California