Right to Lien Questions

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**PLEASE READ ME, I NEED YOUR ADVISE** So I was introduced to someone by a mutual friend that needed some metal to be welded together for gates around his house. Knowing the fact of the contractors license issue in California I gave a quote to that person for the gates all in separate jobs because the job wasn’t going to be consecutive days and be done. I had to work on one gate and wait for something to be done from someone else and then I would work on another gate. So I gave the guy the quotes for all the separate gates that totaled $2500. He agreed to it and agreed to it being all separate due to the fact also of what I explained above. So I started the first gate and finished that in 3 days and I had to install it but I was never in our agreement that I would have to take out some existing posts that was left by the last guy working there. To make it short this guy added a bunch more stuff to the original work I had quoted him that ended up adding more days and I had told him that if other stuff get added it would be $500 each job and they were all separate jobs not one job related to the other. He had me pour concrete, he had me put the wood on the gates which was not part of our deal. The other guy was supposed to come finish that. So all in all it ended up being about $4500. Now here is where it gets interesting, this guy would buy and fix and sell motorcycles and he had one that I was interested In. So I figured I can strike a deal with him to get that bike in Lew of some of the money he owes me. So about a week ago I talked to him and he said he would sell me the bike for $1500 and that was fine so I went to his house and the bike wouldn’t start there was a fuel pump issue which he temporarily fixed it and said come back tomorrow to put in a new one. So as I was about to leave he asked me aren’t you going to pay me? Mind you I’ve been working on his house for 2 months now and he has not paid me $1 for any of the work I had done and I had two more gates til I was done complete finished. So I didn’t pay him anything and by the time I had gotten home it was 4am and the whole next day he kept texting me about sending him money and that I’m stealing from him and it’s not right not paying him and I kept telling him you owe me X amount of money so far for what I’ve done which u haven’t paid at all. Well he wouldn’t stop and started being insulting towards me towards my family kept asking for the bike back which it became to mouth so I decided to take it back to him and it was around 2am, on the way there the fuel pump seized, so I tried to fix it on the side of the road and the cops saw me and decided to stop because I didn’t notice the bike didn’t have any plates. That was my mistake I should’ve checked. Well the cops in our city are real hard asses, Glendale Ca police department. So they end up running the vin and the bike ends up coming back with no registration since 2005!!!! 15 years no registration!!Whatt!!??? Needless to say they tow the bike and hit me with citations! The real kicker is that the scumbag new it didn’t have the registration and that the bike has a lien on it for the original person that sold him the bike and that guy is long gone nowhere to be found and there’s no way the bike can be registered because there is a lien on the bike! So basically he was trying to screw me over and now won’t pay me my money because his bike got towed! What can I do? I’m sorry for the length of this. But o felt like you needed to hear the whole story. Thank you!...Read More
Anonymous Contractor
Waiting for answerAdd commentOct 17, 2021
CaliforniaConstruction ContractLawsuitLicensesMechanics LienPayment DisputesRight to Lien
A former customer of mine owes me for three different invoices for work that was completed at his place of business .The former customer & his family are immigrant from another country. They do not understand a lot of stuff that we just assume are simple things you should already know. Like what a lien is. This is the kind of stuff I used to help them with. Now that we have had a falling out, they have cut all contact with me. I know where they live, cause I also worked for them as a handyman at there personal home. They do not trust a lot of people because of people taking advantage of them. This is where the falling out happened. Two days after the hurricane hit us in south Louisiana all the ****Explicate Language**** started showing up to feed on the weak. Anyways long story short I tried like hell to keep the "wolfs" at bay but one got to them witch in turn hurt my company. now to the question at hand, could this be seen to the justice system as a threat or some kind of intimidation act on them? I'm not trying to achieve such a thing, I still find them to be good people and want them to know that this is going to hurt their business. I'm also worried that they might have skipped town....Read More
Bradley Grosjean
1 answerAdd commentOct 10, 2021
LouisianaCollectionsLien DeadlinesMechanics LienNotice of Intent to LienPreliminary NoticeRight to Lien
I paid over $1,500 of my own money to clean up a property that my mom owns; I have a gift deed to same property but don't know if I can sell without her signature and brothers and sisters' signatures? I would like to put a lien on property so that they would have to reinburse me in case we sell this property. How would I put a lien on this property?...Read More
Anonymous Subcontractor
1 answerAdd commentAug 23, 2018
TexasMechanics LienRight to Lien
Completed work on 7/2020 which was part of an insurance claim. once we were completed we submitted our final invoice to the insurance for the release of their final recoverable depreciation. Months go by and thanks to covid, we were having difficulty reaching the adjuster to get an update regarding the final amount due. We were finally able to reach the adjuster who advised that the final payment had been released to the customer on 11/2020 and confirmed that the check had been cashed. We reached out to the customer several times throughout this process and were not successful. We sent an intent to file lien which prompted him to call our office and admit to us that he had spent the funds paid by the insurance company for our final amount due and would need time to pay the amount. He made a payment of $1000.00 on 4/29/2021 and stated that he would pay the remaining off as soon as he had this tax return. We were not able get a hold of him after several attempts and our final attempt he answered and disconnected the call....Read More
Anonymous Contractor
1 answerAdd commentSep 30, 2021
TexasRight to Lien
I just received a claim of lien on my property. There are many things wrong with this. The lawn company was supposed to perform the work in March 2021 and never showed. A couple weeks into April we came home and the work was done, being generous lets say it was April 15 (most likely a few days before). I thought their communication sucked but the work was done. I called them numerous times between April and now asking for a bill or how to pay. I always got a voicemail never got response. I have never seen a bill or a phone call from them, totally willing to pay for the service but don't know how without a bill or address to mail a check etc. Their website just has phone number and email. Today I received the claim of lien. The claim of lien still doesn't tell me where to pay. I called and left a message again today. I then looked up rules and if I'm correct he would have had to complete the work on June 25th or later to be able to file this lien. Is it best to try and dispute this now or should I wait to see if he sues me? I'm beyond mad. I would have used him all summer but he was horrible. I'm literally paying a different law company weekly - only say that to reference the small couple hundred amount is not worth this darn headache....Read More
Anonymous Contractor
1 answerAdd commentSep 28, 2021
IdahoBonding Off LienLien DeadlinesLien PriorityLien ReleasesMechanics LienRight to Lien
We placed a lien on a property we worked on recently due to lack of payment. The customer has now served us, claiming we may be violating Idaho code 45-525. If this is required, we may just be doing that as I never completed this form. We did file a notice of lien. ...Read More
Anonymous Subcontractor
1 answerAdd commentSep 20, 2021
IdahoRight to Lien
, (the Owner) from any obligation to protect the undersigned and to waive any lien or right of lien which the undersigned may have on said premises to secure payment. NOW, THEREFORE, in order to induce the Owner to make payment to Contractor, the undersigned hereby waives and releases any and all liens, rights of lien and claims on or against the premises at the above address given and on any and all structures and buildings located thereon arising under any law of the State wherein said premises are situated; and hereby releases and discharges the Owner from any obligation to protect the undersigned for and on account of work performed and/or materials furnished by the undersigned at said premises through and including the last date of the payment Period. The undersigned represents that all sales and use taxes, if any, applicable to any materials furnished by or for the undersigned have been paid in full. SIGNED this ...Read More
Lorena Oliveira
Waiting for answerAdd commentSep 28, 2021
AlabamaLien WaiversRight to Lien
Was contracted by a third party insurance company to perform emergency services at a property and they instructed us to leave our equipment and to not contact the homeowner. We tried multiple times to get contact from either the primary insurance provider or the third party that sent us out but could not get any responses. So our equipment sat on site and accrued charges, which we reminded both parties about multiple times. We eventually just went and picked up our equipment but neither company is responding to the bill. We placed a lien on the customer's property but since the homeowner didn't contract us, they are now threatening legal action against us. What are our options?...Read More
AJ Shipley
Waiting for answerAdd commentSep 27, 2021
GeorgiaPayment DisputesRight to Lien
We did some remodel work for a property owner and she refuses to pay for work completed. Can we also include bill for partial work completed? Also late fees and interest....Read More
Anonymous Contractor
1 answerAdd commentSep 17, 2021
TexasMechanics LienRight to Lien
We were hired to work on a project in Austin for a Development coompany who has a separate LLC/LLP for the project. The original project was for handrails for the company. We never received drawings for what a handrail was supposed to be on the project. When we arrived on site we were shown drawings for a guardrails. The PM/CM(who is a whole other situation) told us that the scope was wrong and we need to get the guardrails built per his schedule. As this was a first time working for this group and having a longer relationship with the CM we said we would need to get this changed. He said he would take care of it so we could keep moving. Long story short. He did not. When we sent in the invoices they were rejected and change order requests were said that we would have to submit before the invoice. Then we sent that in. We were rejected and told that we had to per contract get it approved before. Our argument came with images of all the texts of him telling us what to do, and the exhibit of the line items on the contract that didn't match. The lineal footages didn't match, the scope didn't match and the amounts didn't match. We also discovered that the CM was not supposed to be taking money from us as he said that we were supposed to pay him for 3% of the contract. Basically, we uncovered him taking money to the owner. The owner told us that it probably wouldn't be a good idea to return and then told us we abandon the project when we couldn't come to terms on the items that we installed and the materials we put in process.(There was a front for the materials on the original contract, but not for the extra) This is very convoluted and the in-house attorney we were working with died at the end of July so they turned it over to this new guy who is telling us (in a letter) that the owner is going to suit us for slander(I don't know how that is slander, but that is what he said) He also said we cost them money for abandoning the project and they would be seeking like 65K for the project( we filed a lien for 26,300). What should we do with this. We are being shoved around and we frankly are going broke trying to move along, but between the money we spent in doing work that was never contracted and buying materials for the rest of the project that was much more extensive than what we bid it is ridiculous. Lots more to the story and info, but need to get a response for this attorney and Levelset on how to proceed. Thanks...Read More
Anonymous Subcontractor
3 answersAdd commentSep 13, 2021
TexasRight to Lien
We have two design-build contracts with a client for the same property, and in our contract there is a termination clause that states if the contract is terminated by the owner for their convenience it would be subject to a 30% termination fee of the remaining balance after the fees due for work executed have been paid. Days after one of the plans got approved, Client contacted us requesting termination and stating that the property had been sold. We can not find any information online and do not know if the property is in escrow or what stage it is in. On Saturday 9/4/21 we filed an expedited mechanics with Level Set. I have four questions: 1) Can termination fees be included in mechanic's liens? 2)The design-build contracts name our engineering company (DMR Team, Inc.) as the engineer and our construction company (Procon Builders, Inc.) as the contractor. I filed the entire amount due (work+termination fee) for both companies and both contracts under one lien. Is this correct? 3)Should we be filing a lien, injunction, both, or something else? There are also also mediation and arbitration clauses in both contracts. 4) Should we also provide client with a conditional lien waiver for the amount due?...Read More
Anonymous Architect / Engineer
1 answerAdd commentSep 7, 2021
CaliforniaDesign ProfessionalMechanics LienRight to Lien
We have a prospect who is a Operated Equipment Rental Business, which does dirt work. We initially thought we may not be able to work with them and they were not not a licensed contractor in California, but they told us that due to the fact that he simply charges by the hour as rental for his equipment (which he operates himself), he is not required to be licensed. He does not submit bids or quotes. H gives a hourly rental rate only. Second question, since this work does improve property, would lien rights exist for this for this work, even though he is not a licensed contractor. ...Read More
Anonymous Subcontractor
2 answersAdd commentMay 18, 2020
CaliforniaLicensesRight to Lien
We’re a tree company in DE that removed a storm damaged tree and trimmed an additional tree on a residential property. Is tree work protected under a mechanics lien?...Read More
Anonymous General Contractor
1 answerAdd commentJul 20, 2020
DelawareRecovery OptionsRight to Lien
Anonymous General Contractor
1 answerAdd commentAug 27, 2021
FloridaBack ChargesChange OrdersConstruction ContractRight to Lien