I'm a Subcontractor and have not been paid a partial progress payment or retainage on a project. I filed a lien on the project, in the Subcontract between myself and the General Contractor there is a clause that I must release all unsatisfied liens or claims prior to Final Payment. Is this enforceable in the State of Texas?...Read More
Hi we are a budding electrician contractor in Northern California. We exploded over the summer and are having growth pains. That being said I am the office manager and there is some confusion on job files: what has to be kept and can it be kept in digital format or do we need to keep all paper copy files too? Is it 7 or 10 years ? Thank you...Read More
We've been using the AIA forms for progress billing, and now that the project is complete, I need to bill our client for the retainage. Can someone explain how to complete the AIA form for this piece? ...Read More
Took a mechanic's lien out on a truck but I had put a clutch and serviced on the bill came out to $600 so I'm a filing a mechanic's lien on it how long after I file a mechanic's lien do I have to wait before I can go apply for the title for the said vehicle
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I 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. ...Read More
I'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. ...Read More
We delivered our last materials to a large North Carolina private project on 09/08/2020 and billed the Balance to Contract on 09/22/2020. I know I have 120 days (until 01/06/21) to file a lien if not paid for the open invoices. But we also have had a large amount of retention withheld throughout the project. What are the timelines and guidelines for collecting that? I appreciate your help....Read More
We are a Grading Contractor in NC. We are working for a General Contractor on a large project. The General Contractor has had their retainage reduced by the Owner of the project but the General Contractor has yet to reduce our retainage. Is there a law where once their retainage has been reduced they have to reduce their sub contractor's retainage too....Read More
In private lien filing, the deadlines are based off when the work was completed. A lien on the retention amount of the project that was withheld throughout the billings is based off what? When the retention pay application was submitted to the GC or owner?...Read More
The GC finally met with us and offered to pay a fraction of what they owe. Then when we wouldnt accept the offer they said "thats fine, we can go to court and just chew up your time and money on legal fees"
What should we do. At this point they owe us nearly $60,000. ...Read More
I have two questions regarding California rules & requirements
1) I filed a mechanical lien "payment 8 & 9" on 8/20/2020 - the owner has not satisfied. After the 90 days, what happens to my claim, will the mechanical lien attached to the property or will the lien just expire?
2) At this time, the project is complete and I am owed retention "payment 10" - should I file a mechanical lien for "payment 10" or for "payment 8, 9 & 10"?
Would love your guidance ...Read More