Right to Lien Legal Questions

You can find questions about the lien rights along with answers from construction attorneys and other payment experts below. You can filter the questions about right to lien below to browse legal advice in your state. Alternatively, you can ask your own question to get expert help with right to lien that's unique to your situation.

All Status
Right to Lien
All States
The "constructor"- a dumpster rental company that my former tenant used to remove all her personal stuff (old tires, refrigerators, mattresses, etc) when she moved out, filed a mechanics lien on my residential property. The balance due was $180, but on the mechanics lien, it requested for $4200, including "legal process fee" of $1500 for each transition?? I already made my former tenant paid her back the owed $180, does the constructor have the legal rights to ask for more money on the lien? My property is in San Mateo county, CA. ...Read More
CaliforniaLawsuitLien ForeclosureMechanics LienPreliminary NoticeRight to Lien
I was sent Bond of affidavit claim form from a surtey company. Do i need to still file a complaint with the courts? Can i get assistance even though ive already completed the administrative process and never got response? Or can i just fill out bond then deposit it with the court? If there a maximum i can seek for damages? Non judicial administrative process do i just go get judgement? Any and all help is appreciated.....Read More
TexasBond ClaimsCoronavirusLien ReleasesMiller ActPayment BondRecovery OptionsRight to Lien
How Can I file a lien on a property for a signed work authorization on a water damage project with no settled dollar amount.? I am a small water restoration company and I have signed work authorizations. I completed a few 2-3 day to 8 day jobs after hurricane Laura and delta. My property owners are no where to be found, now, and the adjusters never return our calls. I need to file liens on the properties but can I do that if there was never a dollar amount on the work authorization?...Read More
LouisianaRight to Lien
Roof repair completed August 6, 2019. Insurance paid 10K and I am billed $9K more. Insurance refuses to disburse balance due. Contractor sent Intent letter to Lien Mobile Home for unpaid bill. Per FL Statute 713, I can withhold monies until Contractor ascertains all people participating on the project have been paid. I sent Certified letter to Contractor asking for a list of subcontractors, sub-subcontractors, suppliers and material-man about 2 months ago. No reply. Yesterday, I sent new Certified letter asking for Contractor's Final Payment Affidavit before I pay final bill to make sure who remain (if any) without pay. Still have not heard from Contractor. Looks to me Contractor wants to file lien without giving me this info. How can I protect myself and properly pay outstanding bill without knowing whom (subcontractors, sub-subcontractors, etc) participated in project, the pay they deserve and if they are paid in full? I need to stop Contractor on its tracks (I am under the impression they probably want to charge me interest charges, like if I am a money printing machine and that's an act of bad faith) and stop further modifications to the filed lien if it goes through. Thank you for your response ...Read More
FloridaConstruction ContractLien DeadlinesLien ForeclosureLien ReleasesMechanics LienNotice of Intent to LienPayment DisputesRight to Lien
i would like to put a lien on the house so my mom cant sell it what do i need to do ...Read More
GeorgiaRight to Lien
My husband is a prime contractor, that contracted directly with the homeowner on a deck remodeling project recently. His last day of labor was 8/16. The home own misunderstood the original estimate he agreed to, and was unhappy with the (in his opinion) quality of work conducted and asked to cease the project which was 90% complete already. We have requested that he compromise and pay and additional $6900 for work already performed, and have discounted from the total due nearly $5000. The estimate was send to the husband via quickbooks, and acceptedwithin the system. He has paid multiple invoices sent from the estimates in quickbooks as well, aside from the last invoice that is still outstanding. Are we able to file a lien? What is the requirement that we must send the contract to the county clerk? I read that might be for new construction only but am not sure? Would it be the lien that goes to the county clerk? Can you help us clarify what our next legal steps would be? The work we provide is only of high quality. We have never had such a compliant- this is clearly the home owner being distracted, not understanding what he has agreed to, and wanting this work for free. ...Read More
TexasMechanics LienNotice of Intent to LienRight to Lien
I am a supplier. Material was picked up by customer and taken to his concrete yard. It was used in the manufacturing of concrete. What are our rights as the supplier to lien on the property? Customer is 60 days past due on account. Notified that account was being placed on hold, customer got upset and stated that they were going to pay the account off and no longer use PB as supplier, but did not give a time frame of payment. We are just trying to get ahead of the game in case they default on payment....Read More
TexasMechanics LienRight to Lien
We filed a 20 day notice on September 21 to the GC and Project owner and then the building owner September 28th for work completed in September. This commercial private project started actually in June and we finished September 26th. We were paid up until until August 1st and then did work for 2 weeks in August and 2-3 weeks in September. The project will probably complete by very early October. Is the owner and general contractor still obligated to send out a notice of completion even with such a late filing of the 20 day notice? In other words just because the 20 day notice is very close to the end of the project does not remove the obligation for the owner to notify us of completion from which we would then have 30 days to file a lien? Secondly should we file a lien for work only in September or also include August recognizing that the work in August might not be covered under the lien as it is outside the 20 day window. What total amount should be filed?...Read More
CaliforniaNotice of CompletionPreliminary NoticeRight to Lien
Can an aircraft repair shop in AZ register a lien against the aircraft based on simply the purported bills inconsistent with terms of a written contract; especially after the repair shop provided a written notice of the breach of contract for delays in completion and refusing to complete the remaining work unless the purported said amount is first paid? The right amount for the jobs done to date was already prepaid. How serious or lawful is their threat to seize and sell the aircraft to recover their purported and unearned bills inconsistent to the quoted amounts? ...Read More
ArizonaRight to Lien
Work remains unpaid on a TX home and there are some hurdles to collecting. The property owners on record are a deceased couple- property ownership has not been updated in years by the executor of the estate. The executor contracted a complete bathroom and kitchen remodel this year for which they did not pay the balance. A notice of intent has been delivered with no response. What can the contractor expect if they lien the property with the legal/deceased property owners and the executor listed on the document as well?...Read More
TexasMechanics LienRight to Lien
we have a signed rental agreement ,but the wrong tax rate got put on the signed agreement. . is this the tax rate difference lien able on the project?.. or is this not able to lien . customer was notified right away that a change order was needed for the incorrect tax rate, customer refuses to make change order & pay the additional taxes on the equipment rental ....Read More
ColoradoCollectionsConstruction ContractRecovery OptionsRight to Lien
K&B Home and Land Preservation have been sent Sub Contractor waver of lien agreement. Since noterized we have not received a response from the contractor. Our actual agreed upon pay date was Oct 2nd, 2020. Every payment previous was exremly late, as well. We need to know how to move forward in perusing receiving pay for services rendered. Please advise, if you can. kyneta_coleman@yahoo.com...Read More
TexasConstruction ContractLien WaiversRight to Lien
I am a General Contractor on a privet job over 100k in the state of LA- I filed a notice of contract to the property owner as required and he refused to sign the notice; Therefore, we can not submit a mechanics lien. I have two subcontractors who have not received payment because we (the GC) have not received payment. If these subcontractors submit a mechanics lien on the property and obtain payment- that would drop the cost of our project under 100k. Could we submit a mechanics lien then? ...Read More
LouisianaMechanics LienNotice of CommencementRecovery OptionsRight to Lien
We have a few projects with the same customer where we are sending some of their materials to a non jobsite location where they are being fabricated etc. From this location, the customer is picking them up to take to the jobsite. Are we still protected with sending a pre-lien on those invoices?...Read More
WashingtonRight to Lien
Contractor was supposed to concrete off tube going into pit. He decided to excavate my yard to get at the pipe that way. There was no way to seal it off that way as he ripped out the piping that went to basin to seal off. Then he proceeded to still not bring the cement to do as I asked from the start, but twice brought plugs of various sizes that didn’t work. He’s wanting me to pay him $1500 for all of this when no fee was discussed as he said don’t worry I got ya covered. And what I requested to be done was never even done. There’s still water pouring in my pipe. He told me tonight he’d charge me another $500 to come and actually do asI requested from the start. Which I told him no to now. ...Read More
IndianaConstruction ContractMechanics LienPayment DisputesRight to Lien