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Right to Lien Questions
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Right to Lien
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I have a roofing project that i am working on in Oregon which has a roofing consultant acting as the owners architect. We have completed the work but the consultant has rejected some of the installed work. We are attempting to negotiate with the consultant / owner, but it has been 63 days since we were on the job and a lien must be filed at 75 days, and there has been NO Notice of Completion filed on this project. My question is regarding the word "completion".
Does completion mean "substantial completion"?
Does it mean when we tell the customer the job is finished and send final billing?
Is the date of "completion" extended if there is a punch list and work is performed after "substantial completion" of the job?
If the punch list is in dispute, and or the owner or owner's architect / consultant has rejected the work and is asking for additional work, is the project considered "completed" even if the punch list work is not yet completed?
In the above scenario, is owner's acceptance required for "completion" to be achieved?
Would your answers to the above questions be valid for a project with the same conditions but located in California?
thanks for your help?
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?
We hired a gentleman to clean up our basement after the septic backed up.
We asked about how much he said less than $800.
During this time he asking could he stay at the house during the winter. Its empty were fixing it up. He said he would stay there and we pay him $1000 a week plus free place to stay. We informed him we cant afford that well after that he was rude and we received a bill for twice as much when we asked why he sent another bill charging us $225 more for a lien we just received the bill 3 days before. Can he do this and on top of all this he didnt complete the job left it worse were going to have to hire someone else. Is it an empty threat. Seems like he shouldnt be allowed to do this. We told him we would pay fair price there wasmt a contract and he cant double it and not even do the job. Plus he put down ge worked 14 hours he didnt . Sorry so long just frustrated and when my wife tried to talked he talked to her like she was 2 years old even starting f explaining how water runs down hill. Not professional by any means. And he isnt licensed we found out .help please
I was hired directly with the owners. We had a hand shake deal for my company to complete handyman services and maintain the owners property for 6 months with payment at the end of the 6 months term. At the end of the term, after I sent them the invoice they have blocked my number and unfriended me on social media. This was someone I considered a friend but now I feel they have used me and taken advantage of my kindness. Can I file a mechanics lien on their property?
I had a car sitting at my business since last year or March 2020... it’s been abandoned after I did all the repairs. How can I file a lien and which form will I need ?
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??
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
I AM GENERAL CONTRACTOR.
I DID AN INSTALLATION ( SLIDING DOOR) WITHOUT PLANS AND CITY PERMITS. IT WAS FOR MY FRIEND.
NOW THEY DONT WANT TO PAY ME
I received a 20-day California Preliminary Noticet for a remodeling project. I'm the owner and I am self-financing. The contract is dated Nov 22, 2021, project started Nov 30, 2020. Most recent payment was issued Jan 5, 2021.
The Notice is dated January 12, 2021. What would be 20 days back? Does it start when notice is mailed or when it's received? Does 20 days back counting include the notice day?
Are we able to file a lien in MI on a cement company that we are providing security surveillance for?
We remodeled our house. And at the end the company gave us an extra 1800 bill. theu charged us for stuff they never did, stuff they did but never gave us prices on or even told us they were charging. We have spoke with them about the unfair charges and the only thing they removed was the work they did not do. Now they want to put a lien on my house. They cashed our final check payment that was originally agreed upon. and in memo was written final payment. can i dispute this lien. Their bill never even showed prices for things until we askedm
can i legally hold a customer vehicle until they pay for the work that was approved
i had a neigbor agree to pay for half of the fence . i paid for the fence at the time but now he won' t pay for his 1\2. It was a verbale agreement. what can I do ?
What if I started the project with out any contract other then Verbal agreement and during the work process they started saying they would not pay so I pulled off and now would like to lien as they were un willing to pay this a tile job with around 18 grand supply and labor they did give me 5 grand up front but the total was never stippulated as there was extra prep and supplies
We are a company that did completed some work for a homeowner who received insurance funds to pay us and has refused to do so. The amount is owed is substantial. What are our options?