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
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
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
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
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
AFTER LEANING THE PROJECT I RECIVED A NOTICE OF CONTEST OF CLAIM OF LEAN ON THE LIEN LEVEL SET HELPED ME WITH IN REF TO BY THE SEA RESORT AMPOUNT 122K HOW SHOULD I PROCEED I DIDNT RELIZE I ONLY HAD 60 DAYS WHICH WILL BE UP SEPT 7 2021...Read More
My 26 year old son had my husband's (his stepfather's) truck towed to a mechanic's shop to get an estimate to repair the transmission. Over the phone the mechanic shop told my son that it would cost about $2,500 to fix it. The mechanic shop gave him a phone number to call to try to get a loan, if needed, for the repairs. I do not know if the two businesses are affiliated or not. Regardless, he applied via phone, but was rejected. After my husband and son discussed it further they concluded that since the truck is so old, a 1997 Ford F150, and not of much value they would hold off on the repairs so they could try to find an alternative such as a used transmission that the same or another mechanic could install. He has been looking for a used transmission to no avail while the truck stayed at the mechanic's shop. Yesterday, my husband went to pick up the UNREPAIRED truck and the shop owner said that the truck now belonged to him because it was left there so long. He claims that he sent a certified letter regarding the truck, but no one in my household signed for a letter. The shop owner says that he has filed a mechanic's lien and will NOW repair the truck and sell it, or we could buy the truck back from him for $2500. To me there are several major issues. First, no one received or signed any sort of written estimate or contract to fix it. Second, even if the mechanic claims that there was a verbal agreement between him and my son, my son is NOT the titled owner of the truck. So, how could a lien be put on it. Third, the shop owner admitted to my husband in person at the shop that now that he had a lien he WILL fix it and sell it. According to the law I researched, a lien can be placed only for actual work done, not work after a lien is filed. Furthermore, other claims such as storage fees (which were never disclosed or agreed to) are not considered repairs and cannot be included in the lien. The truck is so old and of such little value that no one would invest $2500 in a transmission for it. I guess that is why the mechanic says that he will NOW fix it and sell it after he has gotten the lien. We received no phone calls, no letters, no written docs of any sort (the mechanic claims he sent a certified letter, but no one in my house signed for it.)
How do I proceed?...Read More
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
We're a material supplier who shipped complete on April 8, 2021 and we have not received our final payment of $26,751.43. Total invoice was $121,229....Read More
good afternoon .are you license in Newyork? situation, after 6 months of working on converting commercial space into take out restaurant ,land lord had tax lien placed on his property which delayed ventilation suppression system and plumbing to be installed . can I attach a lien on his property for fraud and not breech of agreement...Read More
I’m a home owner some guy that did work on my house filled a lien on me he never finished his job I hired someone else he came back 4 6 weeks later and he was all pissed I hired someone else and demanded money we agreed on a price I paid him some of that money after when 30 days hit he filled a lien on me! Should I take. Him to court...Read More
Parties may opt to file a preliminary notice of lien rights. In order to be effective, the preliminary notice of lien rights must be filed with the clerk of superior court of the county in which the real estate is located within 30 days after the date a party delivered any materials or provided any labor or services for which a lien may be claimed. ...Read More
To start off, i was interested in buying a business from an individual and we had came to a buying agreement and signed papers and everything. Then this individual started to play around after we put down $30,000 down payment for the agreement. After taking the cashiers check, he continued to mess around with the lease agreement knowing that we would end up with disagreements. He is now claiming that the money is non refundable which was never written or included in the lease agreement or the purchase agreement. Am i able to take action with a lien even though we have not made it through escrow?...Read More
Hi,
There is a job that we have not sent a Notice of Furnishing for in the state of Ohio (Was due 7 months ago). I'm reaching out to find out if we can still secure our lien rights by sending out a Notice of Intent, even though the Notice of Furnishing deadline has passed.
After reading about Ohio Lien Laws, I'm confused as I've read that for both public and private projects:
-Notice must be sent within 21 days
-Notice can be sent late
If you could please clarify the time period these notices can be sent in order to secure lien rights?
Thank you!...Read More