I am a general contractor working in Spring, Tx on a job, I just received a notice deadline that we have to file our contract with the county clerk for homestead improvement. I was unaware of this and not sure how to proceed if this deadline was due three weeks ago....Read More
I'm a sub contractor worked for a large scale project for Walmart, but was hired through another contactor, who looks like pocked all the money, has not paid us or given us a call. when I do get a hold of him, all he does is stall, I got text messages as proof that this contractor is stalling. what should I do?...Read More
I'm a general contractor who provides tree services to my customers. I was contracted by the occupant/owner (at least he said he owned the property and residence) of a residence located in St. Louis county, MO. After completing 90% of the job the occupant/owner sent a text message telling me not to come back and that he had moved the Bobcat I had rented to complete his job from his backyard out into the street in front of his residence and that I had better hurry if I wanted to retrieve said property. He also kept my climbing rope and carabineer as I had left them on the base of the tree I was planning on dropping that day (the day he sent the text telling me not to come back). He knew going into the job that it was a $3,500 contract of which he paid $200 cash on day 2 of the job. The day he said not to return would have been day 4 (and the final day) of the job. He will not acknowledge any invoices and ignores all attempts to call/speak with him. Since he refuses to communicate I began the process of putting a lien on his property during which I discovered he is not the owner of the property, his sister is. I am unsure how this effects my right to file a lien. So, can I put a lien on the property despite the fact that my contract was with the occupant, not the owner? And if I can, what do I need to do and how do I do it? If I can't put a lien on the property since the contract was made with the occupant not the owner what recourse do I have? Is there anything I can do to try to get him to honor our contract and pay his bill? ...Read More
contracted with a person to do mitigation for smoke damage in garage and one interior wall. Worker presented a card identifying himself as an LLC. Contract stated $1400 upfront and $1000 upon completion. Contract is now 6weeks old and the quoted repairs have not been completed, those that were done are not correct, can we discharge the "unlicensed handyman" in Florida without risking a mechanice lein?...Read More
Hello, your article "What is a Design/Artisan Lien?" says that artisans are design professionals. What legal or factual authority do you have for asserting in your articles"What is a Design/Artisan Lien" that "an artisan is a design professional"? You mention that includes an engineer etc. which is exactly what I need to prove up for an engineer client asserting a Texas Constitutional Lien (he missed opportunity for a statutory mechanics lien). If it makes any difference, this engineer is a structural engineer that designs buildings.
Please provide ANY factual or legal basis/authority you have to support that an engineer and/or architect/design professional is an artisan under the Texas Constitution. See Art. 16, Sect. 37. Texas authority is best, any other authority is appreciated. (Authority meaning case law, statute, practice first in Texas, then any other state discussing the subject).
Thank you?...Read More
Can a contractor file a lien if they have admitted to doing permit-able work without pulling proper permits? I have it in writing that they knowingly didn't pull the permits to insulate our exterior wall or redo our plumbing in the kitchen. We are in the process of filing a complaint with the state of Minnesota and I spoke with the city building inspector and he said, obviously, he can't do an inspection at the end-would have to rip our walls open, if we made the contractor pull the permits. We also started an insurance claim with the general contractors agent for damages the subcontractors did to our window, paint, carpet and chipped counter top. We originally deducted the cost of these items based on estimates we received - except the counter top as it can't be patched and I don't want to necessarily replace it since we've got an under mount sink and a seam that the installers did an amazing job on - I just deducted an amount since he wasn't willing to even address it, we asked him to send us an adjusted final invoice which he is refusing so I contacted his agent to start a claim. Also, our new counter top had a defect in it and was replaced via warranty over a month after the rest of the project was completed - Does that day count as part of calculation when determining the 120 days to file a lien notice?...Read More
Can undocumented laborers file a lien if they aren't paid? I just watched Immigration Nation on Netflix where the laborers came in to South Carolina to work after Hurricane Michael and did a bunch of work for Winterfell Construction, but didn't get paid. I was wondering why none of the immigrants have tried filing a mechanics lien against Winterfell or the owner, Tommy Hamm. I haven't seen anything in the laws that would prevent it.
Of course, the company they filed a lien against could just report them to ICE, since they have to provide their contact information on the claim. Is there any way for a laborer to file a lien and protect their identity at the same time? Can someone else file a lien on their behalf?...Read More
I have a solar loan with a finance institution that is secured in contract only by the rooftop equipment. After looking to refinance my home, the title is showing a contractor's lien on the home for the amount of the loan with the claimant being the finance institution. Is this fishy? The finance company is separate from anyone who performed work or services. To my knowledge the company who did the actual install is fully payed out by the loan disbursement....Read More
I don't have a written contract and I am wanting to file a lien against a homeowner for non-payment of over $500. Does Colorado Law require a written contract in order to file a mechanics lien?...Read More
I told my client my work was time and materials. I gave him estimates, but he counted them as quotes. He owes me $20000, documented with daily records of time and materials. I don't have a written contract....Read More
I am an individual, not a contractor.
I was in the process of purchasing a house from a neighbor.
The house is elevated near the water.
The foundation poles were rotted and the house was sagging.
We had a hurrican pending and the owner and I both were concerened about the stability of the house.
In the week before the storm came in I agreed to repair and replace the support post and stabilize the house at a cost of $18,000.
The house owner agreed to verbally to pay me back in the event that the sale did not go through. He also agreed to email me a simple document to that effect.
I paid to have the house repaired but the man did not send the document confirming the agreement.
The sale of the house did not go through and now the owner says that he is not going to reimburse me.
How can I file a lien on this property?