Right to Lien Questions

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Right to Lien
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Does a contractor need a signed agreement with property owner in order to file a mechanics lien?...Read More
Anonymous Property Owner
1 answerAdd commentJun 14, 2021
CaliforniaMechanics LienRight to Lien
I was a tenant with a lease with the option to buy contract with the original owner of a property which was sold to a 3rd party at a franklin County Ohio sheriff sale without my knowledge after I had completed renovations of the property. I filed liens against the original owner, the foreclosing bank, and the 3rd party sheriff sale buyer. I was sued by the 3rd party buyer for fraud, based on the standard language/statement on the lien affidavit that I had a contract with the 3rd party. I lost on the summary judgement pleadings, on the fraud claim. Should I appeal the ruling? ...Read More
Anonymous Contractor
Waiting for answerAdd commentAug 23, 2020
OhioConstruction ContractDefectsForeclosureLawsuitLien ForeclosureMechanics LienRight to Lien
My husband and I own a company that installs wood and tile floors. We have filed a lien on an individual that refused to pay. He has hired an attory that is now threatening us. Looking for advice on how to move forward. ...Read More
Anonymous Contractor
1 answerAdd commentJun 9, 2021
TexasRight to Lien
I entered into an equal partnership via a new corporation created by LegalZoom. The corporation bylaws state equal shares; however, one partner has attempted to take control of the property and has closed access to both the property and company bank account. As of now I have not had any damages done to me so I don't think I can take him to court; so I would like to put a lien on the property so that he can not sell the property with out me being able to ensure the company bank account and profits are divided equally....Read More
Anonymous Contractor
1 answerAdd commentJun 6, 2021
MassachusettsRight to Lien
I am an unlicensed handyman doing work in California. I was hired by the homeowner to help fix his house after flood damage. I have issued him $8000 in invoices he claims he can’t pay me pay me because one of his accounts is frozen because of identity theft. This is a false statement since I’ve had identity theft and got it resolved quickly he’s been complaining about this ID theft for over three months. Can I issue him an intent to lien or and a mechanics lien for the money he owes me?...Read More
Anonymous Subcontractor
2 answersAdd commentAug 13, 2018
CaliforniaMechanics LienPayment DisputesRight to Lien
I have a simple agreement to purchase a house with $600 monthly payments.The agreement originated with the husband-owner. The agreed upon price "was" $60,000 and in the middle of purchasing, owners divorced and wife got the property. Due to some complications with husband-owner's tax debt, "he" was unable to legally tansfer the property. I agreed to an Aditional $10,00 in monthly $600 payments....since the Wife-owner had no such incumberances. However, upon my making my Last Payment in November 2019....after having paid $70,000....in Monthly $600 payments since August 2012 AND residing in the house this entire time, Wife-Owner wants me to continue paying $600/month (Because they never paid off $10,000 Mortgage...which is WHY I agreed to the extra $10,000....when she told me about the unpaid amount....).and has now tried to evict me. The local JP threw out Eviction because we are not "RENTING - We are BUYING" AND...we have met our obligation of payment of $70,000.00 in full. Problem....I've NEVER bought property before, and the only document I have is a simple signed statement from Husband Owner stating we are purchasing the property fro $60,000 @ $600/month. This statement was written after we had paid about $20,000 and was hoping to get financing and pay off the house early....that is when I was inofrmed Husband-Owner had Federal Tax Judgements against im and HE would be unable to execute the Title Deed Transfer. I DO NOT have an Official Contract nor FULLY Drwan Agreement....Only the signed statement and all th communications with the WIFE-Owner since she took over ownership. ???HELP??...Read More
Anonymous Contractor
1 answerAdd commentJan 21, 2021
TexasMechanics LienRight to Lien
I am a subcontractor, I have completed work on this project over a year ago. Since the owner has called a couple times I have taken care of there service request in the hopes my good faith would get them to pay up. I filed an intent to lien back in September of 2020. There have been no payments made in over a year. I have as recent as a week ago completed a service call with material and labor and was wondering if this will allow me to reinstate my line rights?...Read More
Anonymous Subcontractor
1 answerAdd commentMay 13, 2021
CaliforniaLien DeadlinesMechanics LienNotice of Intent to LienRight to Lien
I did not file a preliminary notice as I was working for someone that I thought was trustworthy and the job went really fast so I didn't have time. But now the homeowner is not paying me. Can I still file a lien?...Read More
Anonymous Contractor
2 answersAdd commentMay 13, 2021
CaliforniaMechanics LienRight to Lien
My husband and I both work as hourly employees with 1099's. Both of our payroll checks from our company bounced and the owner has claimed he is in the negative in his bank account. We are both CDL drivers that haul materials to different jobsites (including the Texas Border Patrol offices). Which lien can we put forth to get our pay? How would I go about doing it?...Read More
Anonymous Contractor
2 answersAdd commentMay 12, 2021
TexasMechanics LienPayment DisputesRecovery OptionsRight to Lien
In short, our project was delayed substantially by the General Contractor’s poor management. Consequently, our portion of work (Drywall & finish) was severely delayed and we were forced to by verbal directives to accelerate, and incurred substantial OT costs. We provided a notice by email Aug 7th of our intention to charge for our OT and delay costs, however the General Contractor did not respond. By project completion we had accrued $36,295 in costs. We have submitted a Change Order request, but General has rejected it, reasoning we had not submitted on their weekly forms reports and had each week approved. By Iowa statue our deadlines are fast-approaching and we intend to file on retainage and amounts approved however; My question is this, notwithstanding the arguable contract language which our attorney has determined may or may not apply in the case of the delay claim, and we intend to argue, could this in any way be construed as a frivolous lien if we included this unapproved amount $36,295 and filed?...Read More
Anonymous Subcontractor
Waiting for answerAdd commentMay 12, 2021
WisconsinMechanics LienRight to Lien
In NC , I just go to a Website and order a Lien Agent in the event of any issues, can that not happen in SC as well. I filed notice of furnishing today but cannot find any clear information regarding this process in SC...Read More
Anonymous General Contractor
Waiting for answerAdd commentMay 11, 2021
South CarolinaRight to Lien
I rented some equip to a GC for a job and they became past due so I filed a lien. Then, they sent one of their subs into one of our locations to rent another piece of equip. under a different name as COD. While they have paid for the 2nd rental, they are still possession of the machine, so I would like to file a 2nd lien on the property for the value of the machine. Is that possible/legal?...Read More
Anonymous Contractor
3 answersAdd commentMay 4, 2021
TexasMechanics LienRight to Lien
I'm a subcontrator that was hired months ago by this GC to do commercial hvac work. We haven't gotten paid for this work. what can i do? The work was done in Oklahoma but the company is from Arkansas...Read More
Anonymous Subcontractor
1 answerAdd commentJan 19, 2021
TexasRight to Lien
Project started on October 20, 2020 We are the prime on the project and hired other subcontractors to fulfill the needs of the emergency services. last day on job was dropping off couch/contents on march 25, 2021. All charges are a little bit over $25,000 homeowner is refusing payment saying these charges are unreasonable and not consistent with industry standard, when they are 100% reasonable and it is industry standard xactamate team line items we get paid for on every job. Except this is a liability claim because his neighbor leaked into his house and they are not paying for any mold work or any virus work there are exclusions on that. He is also stating that I do not have a legally mandated written contract that is required under California contractor state license board. We have an emergency services authorization. There is no way to even get close to telling what the damages were before the job was started. Same thing we do on every job. I issued intent to lien and intent to foreclose paperwork a month or so ago but chargers were still ongoing as we were still storing his couch. Can I retract those in issue a new intent to lien with the new total. I know he has received money I think a total of 18 or $19,000. The homeowner mentioned that it was around $6000 less than my billing if he would eat half of it would I eat half of it. I told him I can take 10% off anything more than that could be considered insurance fraud. He wanted me to eat $3000 the 10% off was around $2500 and all communication has failed since then. He did reply to my payment reminder saying that I am overcharging and adding O&P when it is not warranted. The white paper from Xactamate states that overhead and profit is warranted. A bunch of BS...Read More
Anonymous General Contractor
1 answerAdd commentApr 26, 2021
CaliforniaLawsuitMechanics LienNotice of Intent to LienRight to Lien