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Right to Lien Questions
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Right to Lien
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A customer of mine asked to use my tractor for some light work on his property. He cracked the boom and broke the hydrolic arm. Is he liable for the whole repair?
I own a septic and plumbing company since 2006 but have been going through a divorce since 2009. I informed the property owner my licence was not active I was there as a subcontactor. The home owner was responsible for all permits. The work I did there on his property took over 6 months to complete. I also have a study job at the home depot. I would leave my tractor there and come up on the weekends to do work the homeowner requested. I put in 2 septic systems with no problems. I got a call from his "Forman" asking if he had permission to move some dirt. I said it was ok . Later on that day I got a call from the forman telling me that when he was driving it to put air in the tire the back arm was swingging and ready to fall off. The hour meter shows the tractor was running for three hours. I spoke with a equiptment mechanic and farm equiptment expert on justanswer.Com who told me that the only way the damage to the boom could of happend was somebody used the tractor and tried to carry way beyond the load compacity which was 11,000 pounds. The work I did there didnt exceed 800lb load. The home owner had large stone bathtubs on his property. I believe they tried to move them with my tractor. I left my equiptment there because the homeowner had installed a security system and cameras all over his property to watch his employees. He claimed the cameras were not on that day. He claims no responsibility for what happened. It has been almost a year and he has offered me no more than $1500.00
CaliforniaWe filed a lien in Washington and our customer later came to us and asked for additional work to be completed. We have added this change order to the project. Are we required to amend the lien or can we treat this as "separate" work from the original project? We are requiring that 100% of the change order invoice paid before we ship materials.
WashingtonRoof 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
Floridaan unlicensed plumber without a contract is threatening to put a lien on a property.
New JerseyMy ex husband is threatening to file a Mechanics lien on my house I am putting up for sale. He has never done any work for me on this house at all. Is this something he can do? We are in the midst of a custody case and he is trying to intimidate me. How can I make sure the lien isn't filed and I don't have this ruin my purchase and sale of the home?
OhioI am a public insurance adjuster.
15007.
A public insurance adjuster within the meaning of this chapter is a person who, for compensation, acts on behalf of or aids in any manner, an insured in negotiating for or effecting the settlement of a claim or claims for loss or damage under any policy of insurance covering real or personal property or any person who advertises, solicits business, or holds himself or herself out to the public as an adjuster of those claims and any person who, for compensation, investigates, settles, adjusts, advises, or assists an insured with reference to claims for those losses on behalf of any public insurance adjuster.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=15007.
Can I place a lien on a property for non payment of my services?
CaliforniaI had a water leak and called a mitigation company to mitigate the leak. I did not sign any contracts or agreed to any payments.
They sent me $9000 invoice for the work. I submitted it to my insurance company who states that the mitigation company has overcharged me. They will not pay for certain costs as they are not "industry standards."
I have had other people look at the invoice and they all say that some of the charges are not accurate.
I don't agree with some of the measurements that they used to come up with the charges or some of the hourly charges that they billed for.
I have offered to pay them what I think is fair and reasonable. The mitigation company is threatening to put a mechanics lien on my home. I have offered a settlement amount of $6000, however, they do not want to accept that.
What can I do?
Missouriif the county you live in requires a occupational license to be a contractor, and you do not have a license can you file a mechanics lien in Kentucky?
Also if the unlicensed contractor puts a lien on your property? can they do that if the contract was with an insurance company? Kentucky
KentuckyMy brother is fixing up a house in Oklahoma. He plans to rent it when it’s fixed up. He needs money to fix up the house. He wants me to loan him the money, but frankly I cannot rely on him to pay me back. Does it make sense for me to file a lien in this kind of situation? Can the lien specify that the tenant will pay rent to me until the loan is paid off? Thanks in advance for any advice or direction you can provide.
OklahomaI wasn't paid for labor at several jobs over the course of about 2 months (3/23-5/12). My employer (who I've worked for the last 2 years) claims that I am an independent contractor because he provided a 1099 that I did not sign. I came on with no skills, did not make my own schedule, and had to train other employees. The funds being withheld are for work provided on 50+ homes, so I don't want to file 50 liens. I have correspondence of him claiming that a notice of intent and payment demand letter I sent is slander or defamation of character, while I am still owed about $7,000. He's threatening a lawsuit. I don't technically have a contract, but plenty of proof over text and email of all agreed upon rates. I'd like to know the best course of action.
TexasMade verbal agreement on providing small services, including furniture assembly, removing and relocating furniture (from in town office location to residential), assembling shelves and installing on garage walls,various landscaping * rockbeds, mulch,planting,Rockwall design, water runoff control*.---Gated Community---
Day b4 agreed date of payment, clients is handed invoice. Later that evening client calls and cancells meeting due to Dr appointment. Client now refuses paying stating the invoice is excessively high and also phoned security at gate to not allow me inside community.
TexasThe builder passed away and did not pay us for the completion of work. He was paid by the home owner.
TexasHome buyer that paid earnest money, money for upgrades, multiple projects for improvements, etc.
Project was close to finish and has now been foreclosed on.
Can I file a lien for lost money?
In the state of Texas.
TexasMy husband and i moved into this hoise on the agreement of 500 a month and to fix laundry room floor, when we got here the entire was rotted out and the walls everything had to be replaced, the house needed to be jacked up and bathroom need to be rebuilt because it was falling through. Owner said he would give us back the money we spent on materials and he hasnt, he has not replaced hot water and there has been no hot water wince march 2020 now he sends his brother in to take over demanding 875 a month and different lease. To date we have four different leases with the first 3 being 500 a month for a year
FloridaI did work for people I know as well as bought product the job I was working on, they backed out of the agreement and now refuse to pay me for the work that I have already provided what are my options
Minnesota