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Right to Lien Questions
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Right to Lien
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I have been promised to be paid for since work was completed on a property in Sept. I am now at the point where I cannot afford to continue being strung along. Have I missed the timeframe to file a Lien?
MinnesotaContracted to install new roof by insurance adjuster/mitigator. A down payment of $6,000 was made. Balance due for work completed has never been paid. House has now been sold. Former homeowner not helping to secure funds from adjuster/mitigator. My husband wants to put a lien on the home (now with new owner who has no idea about any of this) and let them battle it out in court. Is this possible? An insurance investigator told me you couldn't lien on a house if the contractor had received partial payment and we would have to take to small claims court. Thank you
North CarolinaIs there a time limit in Michigan from the time a Notice of Furnishing is issued by a supplier to a homeowner? And what ramifications may there be to us as homeowners? In September we ordered windows through our general contractor who purchased them from a dealer/supplier (Pella). 50% down was provided. The supplier sent via certified mail a notice of furnishing shortly thereafter. The window order arrived October 19th and our contractor paid Pella the balance due, only to stop payment of his check to them a couple days later due to issues with the order. Two windows were not ordered, or not ordered correctly. The correct windows are sitting in the Pella warehouse, but in order for us to obtain them, we must make the payment whole. In November, Pella and our contractor were willing to make a deal for a reduced price as some incorrect window sizes were due to the Pella Rep's error. We have since parted company with the Contractor after making a complete mess of our home, and after discovering he's not licensed (that is currently being dealt with by the County Building Inspector and Sheriff's Dept). To now get our project going and our house put back together, we have a new contractor. Pella will release the two windows, but for the full amount due under the presumption we will received restitution from the contractor (we are not very positive that will happen). Pella advises they will place a lien on our house if we do not pay for the windows. If we don't pay them for the windows (we've already paid the contractor), can they place a lien on our house? If so, is the lien in place until paid or does it expire? Is there a time period they have to file since they issued a Notice of Furnishing? We truly have a mess, and hopefully the court will resolve it at some point, we're just not sure how or when the outcome may be determined.
MichiganIf we have done a prelim on a job (if required), and they put the project on hold and for whatever reason the material is not on the jobsite- we have been instructed to pick it up, or it is at the supplier's warehouse, or we haven't shipped it all yet- can we still exercise our lien rights?
Looking at CA, NY, NJ, TX - projects have been put on hold even though we have already had to order/pay for/ can't return material and it is club specific and the customer is not willing to pay for it.
CaliforniaHello, i am from Alpharetta GA. I have recently made renovations in my house and verbally agreed with the contractor without any written agreement. At the end contractor cam up with an invoice of 6k over the agreed price and i refused to pay this extra part. Now he is threatening me to put property lien. Just want to ask you if he can do that in GA without a written contract?
GeorgiaMy company provides floor coverings. One of our sales people has sold a job (with some labor) to a local contractor. However, the property being built on is in an adjoining state. There are a number of units being done, and tens of thousands of dollars involved. How can we pre-lien an out-of-state property?
UtahDo I need to file an intent to lien first or can we just jump to filing a lien?
New JerseyWe are a Pipe Supply company that operates in the South. We do not generally operate in New Mexico, but picked up job. I read that New Mexico has strict requirements. ". If the claimant is required to have a license by the Construction Industries Licensing Act, the claimant must be licensed in order to claim a lien." Are material suppliers required to have licenses per the Construction Industries Licensing Act?
New MexicoWhat defines the labor part of “materials & labor” with respect to the 90-day construction lien filing clock?
If all work is completed, but contractor returns to take owner’s complaints and take pictures of deficiencies is this considered “work”?
MichiganI am a subcontractor for a GC in the state of Az. A property management company hired GC to do service work orders on their properties ( water extraction, dry out, rebuilds etc..) I have proof that the GC has been paid, but he is making small payments to myself. He has a contract written with property management company but I do not have a contract . Terms were net 21 business days, accounts are now between 40-60 days past due. What rights do i have , can I file a notice of intent to lien with property management company ?
ArizonaI have an executed consulting agreement with a property owner that states I am due a consulting fee upon lender commitment to refinance the property, but the property owner went radio silent on me and will not return calls/texts/emails. Can I lien the subject property for the amount I am owed based on the contract they signed with me?
ColoradoPerson contacted me to work on car. Which was originally suppose to have money for by december 2019 and i acquired october 15th 2019. Finally the customer comes up with a downpayment in march 2020 which was under a signed auto order. Which stated if customer decides to cancel the repair order they must pay the total bill of the repair order. Customer has spammed me acting crazy. Is now wanting to press gta charges. And the work order has not even made it to the date the car would be complete. Do i apply for mechanic lien or what steps shoukd i take?
Tennessee
A property management company that managed my apartment building hired a licensed contractor to work on the pool deck, no contract for the work was signed . The workmanship was horrible and had to be completely redone, so I didn’t pay him. He is threatening to file a lien on the property. It would seem logical to me that there would need to be a signed contract for services in order for him to file a lien?
ArizonaGreetings,
I am a small contractor based in NY City. I was working on a big project for a client based in Ny City. We completed 80 % of the work. I was paid 15 % of the total contract in 09/19. I requested for another 45 % of payment in 02/20. I reached out to the client last week, 03/23/20 to get an update on the payment status. I was informed that due to Covid 19 all the operations has been closed and they are not sure when will they be able to make payment. I was informed that they are not sure if they will be able to make the payment and they might end up selling the building. What should I do to get my payment ?
Please advise.
Regards
New YorkI sent a Notice of Furnishing based on an old Notice of Commencement - apparently for an earlier phase of the project. After a few months of working on the job, a new Notice of Commencement was filed which included the work I was performing. Will my original notice be effective to preserve mechanics lien rights? Or was I required to send a new notice after the new Notice of Commencement was filed?
Georgia