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Recovery Options Questions
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Recovery Options
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For NJ, it says "Lien must be filed within 90 days of last providing labor or materials". Can I file a lien from the last day I provided labor to pick up stored materials?
I worked on a project for a couple of months, my last day working there was 7/12/2019
At this point the project was on hold, then on September 2019 I was told the project was canceled.
I picked up stored materials at the jobsite on October 2019
So can I file the lien from the last day I was there, on October?
New JerseyCan i file for supplying a walk-in cooler/freezer to a customer. The end user hired someone to do the installation. we just supplied it
Floridai started working for a man that lives in California he hired me to work on two houses he owns in Oklahoma and its been since June he says he is going to pay and if i say anything about putting a lien or taking him to court then he starts saying you dont want to do that i will burry you guys and you will not win but he still wont pay we tried setting up payments and have only recieved 280 $ out of 2500.00 what can i still do
OklahomaI have a commercial job in downtown Atlanta where the material cost is $400,000. The site has limited space and the customer wants us to deliver to their warehouse rather than the job site. This is a special order product and we have asked for a joint check agreement. However I am very leery shipping to a warehouse I want to ensure we have lien rights should we need them.
Can you tell me my options?
GeorgiaMy business was hired by a GC. After numerous attempts to get a contract from GC, the GC presents a contract that isn’t even for a subcontractor-GC contract and information was also not correct and conflicting. I refused to sign, and created the correct contract GC should give me to sign and highlighted GC contract with all incorrect and conflicting information. GC did not use correct contract I made but attempted to make corrections on his original contract, which still wasn’t right. GC then said he would not pay us money due until we signed his contract. I finally signed GC contract so I could get paid the money owed. GC left with check he told client to write for my business and invoices amount to be paid to us. Next day he said he would not pay us, he is quitting as GC on construction job and said it was because of multiple forms of breech of contract by us. Which is 100% false. He would never specifically say what breeches we had done (because we hadn’t done anything against the contract). He claimed he was licensed and bonded, again false. We requested resolution per his contract, he ignored it. We requested him to send me a termination letter. We have never heard from him again. Even if he sent the termination letter He still owes us, according to his contract, for all material and labor up to that point. Since the contract was never terminated or even his so called termination due to his false claims of our breech of contract the way his contract said it had to be handled, doesn’t he technically owe us all money he stated in contract? Not only did he screw us out of $25,000+ he also screwed his client who he was doing work for and hired us to do work for. I am desperately trying to find out how to not only get paid what he owes us but to hold this GC accountable. What he did is despicable and should not be allowed to get away with it.
TexasAt the time we did the due diligence and research, we only could identify one HOA for the entire development. All research led to Highpoint Condo Assoc located at 204 Manatee Ln, Fort Pierce, Fl. Because the contract (Exhibit A-1238 & Exhibit A-828) between BDR & Highpoint referenced the same address, we believed we had the correct HOA. There was no indication that there was more than one HOA in that development. I will refer to the 3 projects as 1238, 830 & 828. Below is the timeframe on each job.
Job 828:
May 29 - BDR requested materials – Material order #1 - $7,038.57
June 18 – Material Delivery confirmed
July 18 – Prelien sent (Exhibit B-828) (30 days after materials delivered)
Sept 10 – lien recorded (Exhibit C-828) (84 days after materials delivered) suppliers have 90 days to record lien.
Oct 14 – Jesse spoke with Steve at Highpoint Condo Assoc (Section I) and was told that all 3 properties were located in HOA Section III.
Based on this information it was determined that Billd would attempt to AMEND the lien with new owner information to preserve the lien time frame of 90 days from delivery of materials on each of the 3 liens.
Oct 30 – Amendmended lien recorded – Exhibit E-828 to reference the correct owner
DATE____?_______ Partial payment was made by BDR on job 828 leaving balance at $2038.57.
Job 830:
6/5/19 – BDR requested materials – Material Order #1 - $2,990.15
6/19/19 - BDR requested materials – Material Order #2 - $7,027.39
7/3/19 – Material Delivery confirmed
8/20/19 – Prelien sent – EXHIBIT B-830 (48 days after material supplied – this was requested on Aug 13 in LEvelset- was sent late)
9/19/19 – Lien recorded – Exhibit D-830 (78 days after materials supplied)
10/3/19 – BDR paid off material order #1 $2,990.15
Oct 14 – Jesse spoke with Steve at Highpoint Condo Assoc (Section I) and was told that all 3 properties were located in HOA Section III.
Based on this information it was determined that Billd would attempt to AMEND the lien with new owner information to preserve the lien time frame of 90 days from delivery of materials on each of the 3 liens.
10/30/19 – Amended lien recorded – Exhibit E-828 to reference the correct owner – The dollar amount was not amended and still liened for the full contract. We failed to deduct the $2990.15 that was paid, however a Waiver and release on progress payment was issued for the payment received.
11/15/19 – Amended Notice to owner created at the request of client. Exhibit F-830
JOB 1238:
6/11/19 – BDR requested materials – Material order #1- $6,035.86
7/10/19 – confirmed delivery of materials
7/22/19 – prelien sent Exhibit B-1238 (12 days after materials delivered)
10/2/19 – Lien recorded Exhibit D-1238 (84 days after materials delivered)
Oct 14 – Jesse spoke with Steve at Highpoint Condo Assoc (Section I) and was told that all 3 properties were located in HOA Section III.
Based on this information it was determined that Billd would attempt to AMEND the lien with new owner information to preserve the lien time frame of 90 days from delivery of materials on each of the 3 liens.
10/30/19 – Amended lien recorded Exhibit E-1238 to reference the new owner
11/13/19 – Amended Notice to owner per client request.
FloridaHi,
We are a subcontractor to a primary contractor for a county project located here at City of Milpitas, Ca. We are done with the project second week of September but up to this time we were not paid with our services as indicated on the invoice we have sent them last Sept.
How can we collect our pay?
What are existing laws protecting subs regarding this type of Primary contractors?
What are the existing laws the primary has violated in this situation.
Your assistance to my questions would surely help us greatly.
Thank you.
warm regards
CaliforniaSo a class c hvac licensed contractor did rain gutters without a license in rain.gutters and was sued civically. The plaintiff without knowing that the contractor didn't fully disclose his full classified license didn't get a full judgement and work was over $500. Is this contractor in violation of being truely unlicensed and did work over $500. I look at this like a licensed mechanic can't be a licensed hairdresser without having 2 seperate educations and licenses. The contractor should. Be prosecuted on work without being properly licensed correct? Also this is not a general contractor
CaliforniaFiled a mechanics lien on a construction project. No payment. Send a notice of intent to foreclose and the mail delivery service is pending for two weeks now. The last day on the project was Jul so should have til end Dec to enforce? Any other means to try to collect payment without the costly litigation?
ColoradoI was hired as a handy man with that on my business license. I demo a bathroom re plumbed and did concrete work and framing then they called police on me for no reason they owe me over 8 grand what do I do...
ArkansasI recently was hired to place conduit for fiber optics throughout an entire new subdivision. The work was being done for a Prime Contractor for Altice aka Suddenlink, a franchised utility company.
TexasCan a prime contractor in Minnesota sue an owner under prompt payment and recover attorney's fees, just like a subcontractor could if suing for the interest accumulated from a GC not paying them?
New Jerseyhi,thanks for having a chance to get a help!
i am a licensed contractor who had a residential remodel job with property owner,but owner stopped our contract at midway,and refused to pay a $4500 for labor which we already have done 65% of our project. and owner ignoned my text massage about what s un paid reason .rememberd that owner insisted contractor mislead her not get permit for her project, in fact ,it s not true! so , my question is that i could apply a mechanic lien on her property? or better to go to samll claim? hope to get respond asap!
CaliforniaI selected travertine tile at the Design Center with 1/16 or credit card width grouting.
They put it in with 1/2 inch plus grouting. It is Mapei Ultracolorplus #39. Ivory. They won’t change it and said it did not need a sealer. Mapei stated in their literature that all light
Grout colors should be sealed in especiall traffic patterns, this installed in kitch, halls, living roo, etc
Can I get them to remove flooring and do it right.
FloridaCan I file a mechanic's lien against a homeowner that cancelled the contract before the job was finished and only paid 3rd of the amount owed what's a total job when I completed more than 50% and they canceled for no reason
Iowa