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Recovery Options Questions
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Recovery Options
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Hello, I am a paving subcontractor who has a written contract with the Gen Contractor in the State of Massachusetts. We are owed nearly $65,000.00 for paving work performed during the current construction of a SAI TEMPLE. The property owners of the Temple are currently in dispute with the General because they have paid him for many parts of the project that he hasn’t paid his subcontractors for. We are one of those subs. I have properly begun the filing of a mechanics lien based on my written contract with the General Contractor. I have not yet filed the Complaint but still have some time to perfect the lien. I understand that the lien will go against the actual property where the work was performed and the owners will be named in the lawsuit. My question goes to my rights to file a PERSONAL suit against the General since he not only signed the Contract in his Corporate capacity but also enticed me to do additional work by giving me, on a separately written document, his “personal guarantee” that all monies owed would be paid if I went back to the site to do additional work. He has broken the payment terms of that personal guarantee and there remains the balance of the nearly $65,000.00. I am now being asked by the Temple owners to release the lien so their bank will agree to pay me a portion of the debt owed ($45,000.00). I would still need to get at least $19,000 from the General directly or possibly from the Temple in the future when they are able to occupy the property and raise more donations. Does the mechanic lien that I have started against the property owner attach only to the Temple property? Does perfecting the lien also give me the right to sue the General personally or is that an entirely different lawsuit? If I do not perfect the mechanics lien will I lose all rights to sue the General either against his corporation or personally (because of the written statement that he gave to me)? Since the owners have more money at this moment, I would like to get at least the $45,000.00 from them that they have offered but need desperately to keep secured in my ability to get the remainder from them or from the General somehow. The owners want me to release the lien so the property will not have a lien before their bank will give up the $45,000.00. Not sure the additional personal guarantee that the General Contractor gave to me will help but I expect it should. So, do I sue separately against him personally or will it be part of the Complaint that I file against the Owner of the property and the General Contractor’s Company when I file the Complaint to perfect the mechanic’s lien? Thank you so much for considering my questions.
MassachusettsWorking As manager for RV Park. Agreement was lodging, utilities and $1500 a month for services. Owner gave lodging, utilities and $550 a month indicating the remaining (sweat labor) would be paid upon sale of property. There in nothing in the sale contract to indicate my remaining payment. Want to file lein on property.
FloridaMy wife and I entered a contract agreement with Pinkney Services, LLC on December 02, 2017 to remodel kitchen and two bathrooms with a completion date of March 17, 2018.
The work in the kitchen and bathrooms has not been completed, and no work … has been performed on our kitchen for over two months now. Although the project is not completed, Pinkney Services, LLC has left trashes in our property which attracts rodents/ mice and we ended-up receiving a citation ticket from the DC city twice.
Today is May 19, 2018 and we have not kitchen for over five months. Project has been delayed for two months. We have tried to communicate with Pinkney Services LLC by phone, emails and text messages, she is avoiding meeting with us or reply to our emails, phones and text messages.
Pinkney Services LLC has taken over $ 50K from us.
Desired Resolution:
Refund based on work not completed and pick up all trashes from my property.
Marylandi have work for a contractor from June of 2017 and sill have not get paid what can i do?
FloridaWe are delivering ready mix material to a subcontractor that is pouring the concrete for the sidewalks throughout the community. Not all of the material is going on one address, but it is the common sidewalk that is shared by the entire community.
Can you help us determine how we need to notice in the case the material is being used on a common sidewalk?
TexasI’m a subcontractor in Arizona and I haven’t been paid on a commercial job. Should I file a lien?
ArizonaWe filed a lien with Zlien last resource . General contractor is holding payments on this property for issues
( not our fault) on another job site. HOA sold a unit at the Lien property and that's where we put the lien on.
Now the HOA AND GC is getting together paying a Attorney to demand us to release this Illegal lien.
Saying time expired( 90 days) and we did not send a 20 day preliminary notice. Which is true this was our last try to get paid. But if its so Ilegal and completely and unenforceable why could we place a lien on it and what is our obligations?? Can we refuse to remove it or ?
Thanks Susanne Treasurer/ Secretary Burlingame Plastering & Stucco
CaliforniaCan I just file the claim with the bonding company? Or do I need to file a lawsuit or something with Washington L&I? We performed work on a private residence for a general contractor who has not paid.
WashingtonI just want to make sure that I’m still covered and that I don’t need to do something else. I want to make sure that the lien stays intact and also find out how long I have to file a lawsuit before I lose my rights ?
FloridaOur company, GreenGuard Construction had zlien place a mechanics lien on a property. This was on 2/26/18. GreenGuard found out this past weekend that the homeowner's of this property sold and closed on this property on 4/27/18. We thought that having the lien was our protection, what recourse have we now?
MinnesotaQuick question if I may :
Hello and good afternoon,
I am a self employed, home repair and handyman, with 18 years of experience doing just about every trade under the roof. I have never in my years had a problem getting paid.. Its not because of the quality of job in question, but the error of those higher up the chain. My friend and colleague is an interior painting contractor, up until recently had only done re-paints and remodeling.. Never new construction.. I myself, while in Florida, started my painting background exclusively in high end new construction and complete remodeles.. So I know my way around, and the sequence of steps.. Long story short, my friend hired me as hourly help, to consult, train, and lead a crew on his first new construction with a builder/owner he had just met. I told him how to bid, he didn't listen, he went nuts on the builder's paint store account, including buying an $1100 rig, three draws later, he says no more money, and we are just barely past half way, mostly because the builder changes color schemes, trim carpenters scuff up our already done work, tile and cabinets etc, even after pleading we want to be last ones working, but builder insisted forward progress.. My friend promises to pay me to continue, lays off two helpers. All our tools are stolen, including 4 extention ladders.. I put in 71+ hours, what I actually wrote down, and when he says builder refused to read negotiate because of additional work due to no fault of ours, we had no choice but to walk.. Well, my friend still has the rig.. Never offered to pay me even a little bit.. Its been a month, and I really hit a rut needing to get paid for that two weeks, or $994...who or how to go about it? Is 1099 helper considered sub subcontract or an employee ? Is the builder responsible, he is also the property owner, being the sign for sale by builder, or my friend that is ignoring me responsible. Just shy of snatching the paint rig, but I am sure that will only create more problems. I have a decent reputation. Only one bad review in my career, so I want to do this quietly and correctly, but also I need to be paid.. I can't let it go.. I don't have the ability, while he rolls out of town every week, and I know, he has shared, the kind of money my help has created.. By paying me $14 an hour and billing me at $30.. Then I ask for his help on a small job, and he wants $100 for two hours to load some old furniture for a dumb run.. He has since stopped responding to my calls or messages..
Thanks for any guidance you can give me,
Baffled in Chattanooga
TennesseeThis is the scenario:
There is our company that installs racks.
There is our CLIENT-A that also installs racks but hired us to do it.
There is his client that hired him to install the racks.
We worked. Our job was completed over 2 weeks ago. Our client doesn't want to pay.
He won't answer e-mails, phone calls or text messages from our recruiters or admins.
Sometimes he answers and if he hears our voice he hangs up.
I have another client - we will call it CLIENT-B, they recommended CLIENT-A to us but at some point they had a similar issue, and they also had to file a lien on them too. They recommended this page to me because the way she explained it was that the lien went on his client which is a big deal because he does not want to get in trouble with his own clients.
What are our options?
GeorgiaWe are sub-contracted to a private company that is contracted to a private prime contractor that is contracted to a non-profit entity which is using a public money (federal/state) grant to complete flood repair construction work. We have not been paid for 6 months after completing our work. The private companies say they haven't been paid by the non-profit so they can't pay us.
ColoradoI am/was a subconsultant on the design team portion of a $17M design-build project for the State Department. The GC is filing bankruptcy and has not paid us anything. We were told by the State Department that they did not have a payment bond and were instead allowed to submit a letter of credit. Is this possible? Is it possible to file a claim against the letter of credit, then?
VirginiaMy neighbor owns a construction business he started about 30 years ago. The last couple of years has been a struggle for several reasons; his wife became very ill; projects were completed but not tracked for payment so he has both old and new debt that he wants me to help collect. His office manager of many years retired and the replacements have not worked out. I have some experience in debt collection but not construction. He has not been successful in finding the right person for this job and he is convinced I am the person that can turn this around. And, I think I can certainly do more than is being done but I need to know the most efficient and law abiding process to get cash flow to his company. Since some of these debts are up to 6 months past due can I still start the collection process with the Preliminary Notice.
Texas