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Right to Lien Questions
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Right to Lien
All States
We have not gotten paid on this job, which was completed in May 2019. It was being handled by our attorney who filed against the insurance company. There ended up being no coverage for this claim. We still have an outstanding invoice and the homeowner is not responding. The lien deadline passed. What can we do?
FloridaMy question is regarding Pre-lien notices for Sub-Tiers on a project in WA. We have a sub contractor that has around 34 sub-tiers and 8 of them have filed Pre-Lien notices do we need to collect all 34 or just the 8?
WashingtonAs a General Contractor, we hired a Electrical Contractor who purchases materials from a vendor. The vendor, a larger company, is owned by a parent company, and then that company is owned by yet another parent company. 4 tiers total, from the top.
4- big parent company
3- smaller parent company
2- local supplier
1- our sub contractor
Direct- My Company.
I have known of, from being around, the big parent company. I then learned they owned the small parent company. I never heard of, or knew the bigger companies owned any of the smaller ones.
The smaller parent company filed the pre lien, the electrical contractor buys materials from the local supplier.
Eventually a lien is filed by the big parent company with a DBA, as the smaller parent company.
I paid all of my bills to the sub contractor timely and correct, they never paid the local supplier, which in reality was the parent company, but i never knew.
CaliforniaHotel Project (Commercial) - Owner signs "percentage of construction" proposal using the AiA Document B102, Standard form of agreement between owner and architect. (2007)
Scope creep starts at 2,000 sf, and finishes at 5,000 sf. A $10,000 difference in professional fees from 2k SF to 5k SF. All 5,000 sf permitted by City of Tacoma.
They are refusing to pay for the final of the initial 2,000 sf draw and the minor additional "sideways" services.
I understand from RCW that I need not file a notice of lien claim. (Direct contract with owner)
Do you agree?
Does this seem like an easy lien to proceed with?
Thanks,
LV Architect
WashingtonWe are victims of the David James Homes fraud in Virginia. All our payments were to DJH we had no dealings with the subcontractors, did not hire them or sign contracts with them and have no idea who most of them are. We were never owing to DJH at any time in our contract with DJH and are, in fact, owed $42,000 by DJH for work we paid for not supplied. A subcontractor has put a lien against our property in the amount of $3,800. It is now past the 6 months deadline they have to enforce it. Additionally, it is for work we already paid DJH for (DJH had a very weird PREpay draw schedule, so we gave the money for counters to DJH 3 months before they were installed, DJH just never gave the money to the subs). Merle Heckman filed bankruptcy last fall with DJH. The case is ongoing. Because the 6 months has passed, can I petition my local county court to remove the lien or do I need to wait until some specified time after the DJH bankruptcy case closes? The "automatic stay" wording regarding bankruptcy was confusing and I don't want to petition to have a lien removed before the window for enforcement has closed.
VirginiaMy name is James. our company has California CFL license and a security system company wants to borrow 10k for purchasing equipment for 60 days from us.
The owner of the security company said, he will finish the whole project within 20 days and then around another 30 days later, he will receive the entire payment from the client and pay back our principal and interest. As the collateral, we can place a lien on this project or the purchase order contract, the owner of the security company said, the client needs a lien release document from us before he pay the money to them, so we can use this to make sure that they gonna pay all the money back on time as what we all agreed with.
My questions are: we never do this kind of loan before, so is this method of finance landing legal and risk-free in California? Is this method call Mechanics Lien? Is it possible for our company to operate place and release lien through this website? What is the approximate cost? Thank you very much.
CaliforniaWhat would it cost me to file five liens, and 2) can I still file a lien in Kansas since I did not get an intent to lien signed ahead of time?
I have two designers that owe us on five different properties.
KansasI am a building consultant and I have for the past couple months been doing work for a member of a public adjusting firm that is neglecting to pay me for my work. I have done inspections of the property and created a damage estimate for repairs on multiple residences. I am currently based out of indiana and I was wonder if I could have leans put on the homes that I have been working for..
OhioMy company is working on a historic loft in Montgomery Alabama. We had to order specialized material because the building is historic. We have not shipped this material due to non payment. We can not return the material because it is specialized. Can we add this to our lien?
AlabamaThe current hospital locations are texas
Texasthere is no contractor the owner has about 300 properties and he will not pay
FloridaWe've already sent a Notice to Contractor in GA for this job that originally listed as a $100,000 contract. Over the months the job has now increased to almost a million dollars in supplies. Do we need to send any other type of document or notice to be able to protect this large change in amounts? We also didn't file a Notice of Lien Rights, would that have any impact in our lien rights for this?
GeorgiaWe are a civil engineering firm doing land development engineering for a developer - i.e. platting, layout, streets, etc. The developer owns various parcels of the property being developed but not all of the property. We need to lien the developer for unpaid fees. We are within the prescribed timelines. However, we do not want to lien the entire development, only the parcels of property the developer owns.
Is that possible?
TexasHello, we are a company with office in Plano, TX, we have supplied goods to our client to the state of Kansas, and we have currently invoices outstanding starting from April month. How to proceed to claim correctly for our money?
With same constructor we have few invoices also supplied to a job site in Texas.
We have written emails, send notice by mail regarding the delay of payments.
KansasI entered a contract in september 2016 where I would restore a historically registered property while I lived at the property and deduct the agreed upon lease amount of $600.00 from the total cost of restoration. The contract for lease I stated this exchange would continue until the balance for the restoration was at $0 this could happen by me living at residence after completion deducting the $600 every month or the owner to pay balance after work was completed. The only stipulation was that every 6 months the owner would inspect my progess and and quality of work. If I did not complete the repairs I was to have made for that time period or my work was sub par. The contract could be cancelled after the balance was paid in full.
I was a general contractor specializing in insurance claims and that kept me at my desk most days and making repairs during those days was my way of relaxing. So I saw this as I have the materials already being stored from past jobs. I few years of not paying a lease payment which would help me build my business always having something to do at home and for the owner a property valued under 45k at the time of the agreement would be 300k do to its architecture, Location and historic status so we both were going to do well.
After i completed 40k of repairs and only living there 6 months i developed a foot infection and was hospitalized. The owner took advantage of this by evicting me and my disabled mother resulting in my mom being put on the street me in a hospital and all my belonging being lost. the stress of the whole situation cause the infection to to get worst and a year later my leg was amputated
I hired an attorney from Houston that seemed to have passion and was out raged seemingly. He took my money and did but waste the 2 yrs time line I had to sue.
The house in question is 1 of 30-40 properties of the owner and has sat empty since my eviction.
I want to file file a constitutional lien and foreclose fast under the owners nose like she evicted me. I want it to be legal and non disputable
She evicted me by using a fraudulent fill in the blank lease that was written in 98 and could bought at office depot 17yrs ago with my signature forged. She put my belonging on the street to be stolen even though the was a stoage rental building directly across the street. She and he husband are evil is what I'm saying. So understand that this is not eye for an eye for me. I want justice and me taking the house back won't hurt them financially what so ever but it will kill the pride and arrogance keep them up for many nights in the future.
I wanted to say all that so anyone that can help me know's I don't want the money I'm owed I want the the property. With a constitution lien I wont have to send notice and can be in a strong position before they even realize what hit them.
The owners or children of the actual owner have no actual claim to the property it is owned by the husband mother who actually wanted to pay me but was stopped by the couple to further twist the knife by letting me to believe I was to aleast be paid for my work then telling to nope we'er ar e not letting mother pay you the day i was to collect.
sorry while writing this a lot outrage over this bubbled out and i believe If they have the lack of conscious to do this to me how my others have they victimized owning 30-40 rental properties. I would bet that alot of those houses were stolen by them some how. I looked up the history of some of their property's and they were obtained from elderly people with questionable documents.
i want to put it out there that i'm dealing with evil people but i will file pro sé if need be but i scared I'll make a mistake and they with slither away.
For an attorney this is a cake walk I'm completely with in my legal rights and only want to keep things quiet because If they find out to soon i have every reason to expect them to use every dirty tactic in the book and some they will make up.
I need to know what documents are needed
What evidence will help I've every texted message sent and received detailing the work the terms of the contract etc
I have before and after photo's of all work
Texas