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Right to Lien Questions
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Right to Lien
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Custom parts were ordered by a company, the parts were made and the invoice sent. The company canceled after being invoiced and is now refusing to pay.
CaliforniaI am a subcontractor working on a commercial job in Arizona. My GC has terminated my contract without cause- (personal dispute) but the there is already a considerable amount of money already due. The pay app was due April 1st. Although I realize it is not extremely late, I am concerned about the termination of the contract and whether or not my lien rights are affected. This GC is notorious for NOT PAYING. And now I have spoken with another sub on this job, who has told me the GC is past due on 100K+ to them. This has me concerned. I do not want to miss any deadlines and lose my lien rights. Also, I should mention, the GC HAS been paid by the owner for the payment which would include my pay app. The owner is paying on time, and yes, my pre-liens were filed timely.
ArizonaHello, I have a question regarding the validity of a TX mechanic's lien in light of the TX Constitution Art. 16, Sect. 10(a)(6) requirements. I am trying to decide whether my contractor-client can in good faith file an Affidavit for mechanic's lien, when his underlying contract does not comply with the Texas Constitution (see above cite). The TX Constitution seems to prohibit a lien against a residential homestead if various requirements are not met (like both spouses must sign). In particular, Sect. 50(5)(C) requires the notice of 3 day rescission (which seems an overriding federal requirement) (only exception is immediate health and safety issue). Does your legal team have any comment on whether these requirements, if absent in a contract, would mean that my guy should not even file a Mechanic's lien affidavit because there are penalties to claiming one has a lien when one really doesn't. Thank you.
TexasI am a subcontractor working on a commercial project. My GC and I had a personal dispute, (the GC failed to pay me for 5 months on an unrelated job for the State of Arizona, and my "letter of intent to lien" gave notice to all interested parties of their failure to pay their subcontractor- this resulted in d the GC will no longer be hired for any future projects for the State of Arizona) therefore, in turn, the GC retaliated for my request for payment by terminating the remainder of all contracts with me in progress, (all unrelated) as well as any future contracts. However, there have been two payment applications already submitted for completed work. What are my lien deadlines, and are they affected by the early termination of our contract without cause?
ArizonaI am an unlicensed handyman doing work in California. I was hired by the homeowner to help fix his house after flood damage. I have issued him $8000 in invoices he claims he can’t pay me pay me because one of his accounts is frozen because of identity theft. This is a false statement since I’ve had identity theft and got it resolved quickly he’s been complaining about this ID theft for over three months. Can I issue him an intent to lien or and a mechanics lien for the money he owes me?
CaliforniaHello I know how to send prelim notices to private projects. How do you pre lim goverment jobs ?
CaliforniaOur company designs and manufactures custom metal products for use in construction applications. From my understanding most states have a time limit for delivering a preliminary notice that starts at the date of first furnishing materials or labor. Since our products are custom designed, each project might have 8-12 weeks of design and manufacturing work that occurs prior to anything being delivered to the site. Is the date of first furnishing generally when the design process starts or when the product is delivered on site? And to follow up, if work is stopped and we go unpaid prior to product being delivered to the site do we have any lien rights? A large portion of our work is in California, but we deliver products all over the US.
CaliforniaI worked on a project for a GC with a subcontract agreement to subtract actual payroll costs from the subcontract during the progress of the work. The GC wrote in the subcontract that I would be compensated the remaining delta. They provided the materials. I provided the field sampling and laboratory testing via 3rd Party. The GC is unwilling to submit a significant change order for the benefit of the subcontractor due to his relationship with the owner. The outstanding change orders for unforeseen conditions, winter concrete protection, and filling voids in substrate exceed $50,000. The remaining balance of the subcontract also exceeds $50,000. Please advise.
New JerseyHello! We are windows supplier and we are working with windows installer which is hired by GC on the commercial job in Washington DC. As we are suppliers to subcontractor, according to Washington DC Lien law we do not have Lien rights. https://www.levelset.com/mechanics-lien/washington-dc-lien-law-faqs/ We would like to clarify, could the installer transfer Lien right to us? We could document this transfer in the agreement, if that would be legit. If you know any articles about this topic we would appreciate if you could share links. Thank you
Washington DCI filed the notice today march 27,2023 but the project was started last year in april. does the notice to owner have any affect because it was filed more than 45 days after start of project?
FloridaHi. We are a metal fabrication shop. On occasion we will fabricate - but not install - a kitchen hood, or a fireplace mantel, and then ship it to the client.
We have a tax exemption cert, so we pass sales tax on to our customer.
Can we send out a Prelim, and potentially a lien, for this kind of work?
Thank you!
CaliforniaHello my house was vacant from 2010 till 2017 how can this guy put a utility lein on my house when there’s no utilities and now he’s trying to take my house after yes he did pay the taxes for a couple years but I got caught up and paid everything back to him but now there’s this lein from 2015. Please help
ArizonaSee Above
South CarolinaI filed a mechanics lien on a mobile home, for a demo project that we did not receive payment for. The attorney of the owner of the trailer park has stated we have to remove the mechanics lien because the trailer does not constitute real property... is there another option for me? What should I file?
New Yorkrented a piece equipment, they made a pile of material that they will be selling, but did not pay us for rent of the machine.
South Dakota