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Right to Lien Questions
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Right to Lien
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A trash box provider (hauling for broken concrete) is threatening to place a lien on my property, claiming that they haven't been paid for their service, despite our contractor paying and the provider having already taken the trash box (would not have taken the box if they haven't been paid). They claimed that there was cardboard boxes in the trash, and that there was an additional charge since cardboard is not allowed in the box. Our contractor agreed to pay and asked for a receipt from the dump site for charges so that he can reimburse. The provider refused to provide and decided escalate to a mechanic's lien. We reached out to try to find out what's going on but they refuse to talk to the owner (both via phone call and by certified mail). The only tripping point we have is that my contractor failed to receive a receipt for payment, but as mentioned before the provider would not have taken the trash box without payment for their service. What is my recourse here? Is this a fraudulent lien?
CaliforniaI have concerns about a contract's language regarding my lien rights. The job is located in Mississippi. We are a business located in Wisconsin. We would be a sub to the General Contractor (who is also the owner). We have never seen language like this in any contract and I am uncertain as to
what the language actually means. Is this language particular to the State of Mississippi?
Is the notice the contract speaks of actually the notice of intent to lien?
The language in the contract reads as follows:
part (D) - For any lien right Subcontractor may claim or desire to assert against Contractor in accordance with the terms and conditions of the subcontract or otherwise, Subcontractor must first provide Contractor with written notice of a claimed legitimate dispute between the parties hereto by giving Contractor 45 days prior written notice of such claimed dispute, , which note shall set forth in particular detail the nature of the claim, the proposed amount of the claim and demonstrates that Subcontractor is not in default of any of the terms and conditions of this Subcontract. During said 45 day notice period, Subcontractor and Contractor shall use reasonable efforts to resolve any such claimed dispute, failing in which, Subcontractor shall provide 15 days prior written notice to Owner of the property and Contractor that satisfactory resolution of the claimed dispute has not occurred and that Subcontractor intends to file a lien against Owner's property in accordance with the terms and conditions of this Subcontract or otherwise. Failure to provide the notices required herein shall constitute a waiver of Subcontractor's rights to file any lien against the Owner's property. The provisions of this section are not intended to grant to Subcontractor any additional line rights other than those provided by statute. All such notices required by this Section 13 (d) shall be sent by certified mail, return receipt requested.
Mississippi My father past away in August last year. My mother pleaded with my wife and I to please come help her prepare the house for resale. Specifically asking if she needed to hire someone else, or if we would move our family from CO to KY so we could help her keep it together after my father passed. Stating that she would rather pay me for the work instead of a stranger and she wanted to spend time with us all.
My wife took a 50% pay cut, I closed my business and quit my second job with the understanding that I would be paid for the work.
My Mom is our girls only remaining grandparent.
Several thousand dollars and about 5 months later, as the work was nearly completed, my Mom wanted us to agree to move and live with her after the sale of her house. We declined the offer.
I started asking for payment and my Mom came up with excuse after excuse and then showed up around dinnertime with police because she had been denied a emergency restraining order.
She had lied to a judge and claimed she was scared of me. She even took me to court where the case was dismissed because I (luckily) had video of the entire incident that she falsely reported in her attempt at the restraining order.
I was granted a involuntary mental evaluation for her and the psychiatrist told me she had a cluster b personality disorder that was coming to the surface because of the loss of my father.
She offered to pay me for the few remaining things that needed to be done if I was the lowest bid but all the work and supplies for the past 5 months she would not pay for because we had no written contract.
I am filing a lien for the work that I provided. I really only charged for about 1/2 of what I contributed.
Will this lien be a waste because it is family?
KentuckyWe are a small company that started in November 2019. We engaged a subcontractor on a Cellular construction project. The subcontractor worked without a PO but submitted Invoices which we have been paying on time. Recently, they took off with the clients equipment (worth $30k) and now are threatening liens on sites if we don't pay them the balance ($32K) of their invoices. One of these invoices came due on 6/1 and the other comes due for payment on 6/8. We have sent them Conditional release of liens and have committed in writing (via email) to pay the agreed balance monies but the subcontractor refuses to sign the conditional release of liens until full payment is made.
We have a feeling that the subcontractor will file liens to extort money out of us once we make full payment against these invoices. Questions - 1. Can they file a lien? They don't have a PO. 2. What are our options in this case?
We need help! We are contemplating doing a police complaint against the material they took without anyone's permission.
Thanks!
WisconsinI am the consumer. Signed a contract for a deck at my home. Reconsidered as I believe the contractor is price gouging, and found out is a convicted felon. Can I legally back out with zero liability in the state of Texas?
TexasIs there a minimum amount of money where a lien may be perfected ? does the contractor have to demonstrate a level of indebtedness before the lien may be perfected for foreclosure ?
I assume a judge would not permit the perfection of a lien for a $50 fine but would permit the lien for $2000
What is that boundary and is there a statute or is it more of a guideline ?
OregonCan a mechanics lien be filed for an interior tenant build out project in DC?
Washington DCGood evening. We have file through levelset an intent of lien for a job we have yet to get paid . We received a called from the general contractor attorney trying to get settled for a lesser amount and keep our right to pursuit the subcontractor who hired us for the rest of the amount owed to us. Project was completed in AL. I would like to talk to an attorney regarding my rights and what is our best option here.
AlabamaI was under contract with a Seller to buy their property. Just before the contract closing date they terminated the sale and contracted with another Buyer within our contract period. Can I file a lein for my costs associated with Title Search, Cost of plans and and drawings, cost for Attorney drafting deed and closing documents, etc?
North CarolinaThe Angel Plumber did not perform the work as the city hall building safety's code. Thus, they scheduled to will come back on June 2nd 2020 to complete the work. Can they still put in a lien when they did not finish the job to collect the balance?
Californiacan a Lien be issued on a contract only 80% completed
LouisianaIn North Carolina, is there a minimum amount owed for placing a mechanics lien on a property?
North CarolinaClient selected granite from sample and we installed the kitchen- looks great. Because the material varies with natural stone, slightly different but not much.
Having done 2 jobs previously successful and quick turnaround, I did not get signed contract or deposit. This is a “flip” and with the wife involved now, not willing to pay. Can I file lien?
MissouriWe started a commercial project (water restoration) on 2/13 and project ended 2/20 in Austin TX. I understand we should have filed a notice on or by May 15 - which I missed.
We then went back to the same location for a second water loss on 3/10-3/16.
Then we were called back for a COVID-19 clean for one day 4/6.
I can still file a notice for the second water loss and for the covid clean jobs - correct?
When I file the Lien, I plan to include the amts of the 2nd water loss and the covid 19. Can I include in the total the first loss amount - even though I never filed the notice?
Can you confirm if I filed a lien today on the first loss I missed to send a notice - that it will probably not be valid but will be recorded in the county/state office?
Thanks, Nanette
TexasThe job was never finished but there has been no work or materials to the site for about a year. No demand for payment and no lien rights notices have been given. Have the lien rights expired? And do I have to formally finalize the job in any way?
Nevada