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Right to Lien Questions
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Right to Lien
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GOOD MORNING GENTLEMEN
I AM A REHABBER, GAVE A CONTRACT FOR FIXED PRICE OF $12000 FOR MECHANICALS AND ELECTRIC TO A CONTRACTOR.
WITHOUT ANY CHANGE ORDERS AND NO COMMUNICATIONS, NOW HE IS INCREASING HIS AMOUNT TO 185000
ALTHOUGH, I OFFERED TO PAY 1500$ EXTRA AS A SPECIAL CASE.
BUT UNDER THR THREAT OF PUTTING A MECHANICS LIEN FOR FULL AMOUNT, HE IS GIVING ME A STORY THAT HIS ATTORNEY CAN DO IT
I FEEL HE HAS DELAYED MY JOB AND NOE NASTY BEHAVIOR
HOW DI I HANDLE THE SITUATION
MarylandI'm the trustee to my Mom's estate. I recently listed her property for sale. I've had some minor house 'contractor' cost to spruce her house up. I hired a local guy that was "starting his own home improvement business". No contract - just verbal/FB messenger/text. We agreed on $800 to kilz and then paint most walls/ceilings white. After several inspections of work/touch ups he left the job unfinished and in worse condition. He short cut the project with a cheap all in one kilz/primer/paint - which was not what I asked for. There is now paint on all wood floors, trip, fixtures etc. I asked that he fix all the patches by rolling the walls out with one more final top coat and clean up the paint splatters. He didn't. He is now threatening me with a mechanics lien on my Mom's property. It will be selling/closing in the next three weeks. He will not give me his insurance policy number. I have photos/video of the damage. I've been able to put a top coat on one room myself but I think I will need to hire a new contractor to fix the damage and another to clean the floors. It was a verbal pay on inspection job. I haven't paid anything. He is now telling me I owe the cost of materials too which was NOT our agreement via facebook message. I feel like my hands are tied and my Mom's property is left damaged yet, he can slap a lien on the house to enforce payment but I have no rights to fight it? Should I pay then take him to small claims court to prevent the lien? Can I sue since I'm just the executor of her estate and the work took place in her home? Can he put a lien on the property when technically the owner of the home, my mom - didn't 'hire' him?
OhioFor a material supplier, how do I know who I need to send a preliminary lien notice to? When my customer is the Subcontractor, I know I need to send one to the general contractor and the property owner. What if the general contractor is also the owner? Do I need to send one to the property owner if my customer is the general? Do I need to send one at all if my customer is the general and also owns the property?
WashingtonWe have a job that we completed part of the design for, but the project was suspended due to Covid. We sent a billing 3/31/20 at the request of the GC, but have not been paid yet. I never filed the Notice of Specially Fabricated Materials and Requests for Information because the project was suspended. Should I send one now to protect our lien rights, even though it's late?
TexasWhen filing a preliminary notice to a general contractor by a sub of a subcontractor. Is it a requirement to have the contract amount of the sub of the subcontractor included on the Preliminary Notice?
TexasVerbal contract which included several things: grade yard after removal of pool and soil compaction, removal of trees and hardscape. Price quoted included a large tree he then refused to remove. We paid another contractor. He will not adjust our price, likened us, and will not show receipts for the fill dirt and its delivery.
ArizonaCan I file a lien after a company has filed bankruptcy? I have sent the notice of intent but no the actual filing.
New YorkI need to file a lien on this property is there anything special regarding the property being a church
CaliforniaHello,
We have a customer that was invoiced in January, made a half payment in March, had no further communication with us so we liened the property in April. He paid the remainder of the invoice, but refuses to pay the lien fees because he says it was illegal for us to place the lien based on his 'good faith' payment. So, does a customer making a partial payment for their invoice affect our payment rights?
CaliforniaI am a tenant with a lease agreement stating that I am not allowed to remodel or change anything about the house. However, myself and the landlord came to a verbal agreement that I would be allowed to purchase the house at the end of the lease term (31 July 2020). Along with the verbal agreement to have the option to purchase we were given textual consent to do some remodelling projects by the property owners. I of course did the remodeling I was given permission for, this includes master bedroom and bath remodeling and some others. ( I have documentation for all of this including receipts and consent). I also did extensive work to clean the backyard up that was left trashed by the owners. All this and the owners decided to sell the property before the end of our lease and has no intention of paying for the added property value from the remodeling I did. I need to know before I move forward and get into legalities if I even have a chance of placing a lien on the property.
TexasI purchased a home to renovate in Arizona. I live in my current house. I had a verbal contract with a licensed contractor to remove an unground pool and trees in, etc in the backyard and do grading. After agreeing to take out a large pine tree at the last minute he refused, he has likened the house but will not show us receipts to back up his charges to us (pass on to us)of fill dirt and delivery of dirt to the home. Can he lien a residence? Must he show us receipts for what he is charging us. Essentially doubling our costs of the job.
ArizonaI live in Dadeville al, I’m a custom cabinet maker, I got half of my money up front, the builder was financed by homeowners. They have said builder has been paid but has not made payments to subs, please help
AlabamaI lent (along with approximately 12 others) money to a company called Legacy Group, Inc for the construction of a single-family home at 18438 Carriger, Sonoma, CA, APN 133-050-017. The house has been completed and was on the market last year but they pulled it from the market last year and have not yet put it back on the market this year. They have not paid their property taxes nor have they paid a hard money lender. The borrower, Randy King, is the president of the Legacy Group and they are out of Colorado and almost impossible to contact.
My question is: Can I file a mechanics lien in hope of getting some of my money back ($65,000) in the event that the house is foreclosed?
CaliforniaI am having a custom home built by a local home builder. Work is almost complete and I am required to pay a final draw after a CO is issued. All prior draws have been paid to the contractor in a timely manor, (within 3 days of request). I have not requested any documentation of payment of material suppliers, sub-contractors, or labor to this point. What should I ask my contractor to provide prior to making final payment to protect me form liens that may be filed after the work is complete?
Alabama