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Right to Lien Questions
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Right to Lien
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they did a job. They did not complete the scope of work provided or what the insurance people paid them for and I asked them to finish the job and they would not come back out until I paid them in the process I got a lawyer and I had another BBB accredited construction company come out and they said the job before hand was not completed and that my floor is ruined and need to be replace and to fix everything they did wrong would be 24,700.00 can I challenge the lien?
North CarolinaWe furnished doors and hardware fora high profile government project and they are a billion dollar GC
who just wants to "settle" for 60% against change orders.
Will the recent order of just a small amount of material($200) protect our lien rights?
District of ColumbiaHi there,
We have a customer that we did commercial work for and they have now filed Chapter 11 Bankruptcy. They are telling us our lien for payment is no longer valid. From what I am reading, this is a reorganization and bills will be paid so we wish to leave our lien rights in place.
New JerseyWith regard to filing initial intent to lien notice, and subsequent filings, in Texas: we were recently told by a LevelSet representative that unless we file a monthly notice/an intent to lien in the first month of projects life cycle, and each subsequent month after that, then we will lose our ability to lien at any point during that project, this being true even in the case when our customer has already paid these invoices on time, before deadline to file intent to lien.
This is the exact opposite of what we had previously been told by a different LevelSet representative when we were first purchasing the Levelset software. My previous understanding was that if customer never gets behind in paying we never need to file initial monthly notice or intent to lien. But if 6 months into a project they get late in paying, then we can file intent to lien on that months amount owed, which has no bearing on previous months. And likewise, if paid in months 7 to 9 no filing, but in month 10 you can file notice again.
Generally speaking, I thought that this was looked at on a month by month basis, and all paperwork had to be filed for each month where appropriate, by that months deadline(s).
Can you please clarify.
Thanks.
TexasI'm a real estate agent in WA state. I recently had a listing working with an investor "flipper" that lived in San Diego. When the appraiser came back with , 'subject to' conditions, the seller was not going to come up and do the repairs and I kicked my dedication and knowledge of underwriters and guidelines and assured him the only way to close is to meet the requirements. After scraping and repainting a section and sending it to the appraiser for approval, my client put money into my bank for supplies and laborers for $300. The day I picked up the paint I talked to my seller telling him I would need him to deposit additional funds for the supplies, paint was $200 alone, I cleared with him how long it should take and how much to pay the workers, my workers quit within a half hour, the seller never put another dime in and had me giving out the gutter guy $300/$550 and dump run guy $160, so I personally repainted, scraped, stained, vacuumed paint chips out of the mud in the snow even..... everything appraiser asked for which included scraping and repainting the entire house, demolition of a part of the old garage structure, staining and painting all the gates, fencing, and decks, removal and disposal of all paint chips, replacing and repainting a shingle, installation of heaters in bedrooms, carving out access to the attic on top of the roof gable, caulking entire exterior and filling all exterior cracks, installation of gutters, outlet covers, repainted the trim and the garage. When I was purely exhausted, I remember telling him, I don't want to hear a word about my invoice when you see it. He signs his docs and complained that he was overcharged the buyer credit, and I was supposed to have 2.5% not 3... I showed him the PSA where I had taken off .5% at the purchase and he said I could put it on the resale, it is clearly in our listing agreement. Five days after he signed we closed, I went to title to pick up the escrow check for my invoice and the title company informs me that he denied my invoice and wired him his money. I rang and rang up my client, who I currently have another listing with, he won't discuss it. I dialed for dollars that night trying my best to find a buyer for his other listing, he likely will try to get me off of it asap and so I didn't want to lose that commission too. I got an offer within two hours and he didn't take it or address, deny, or dispute the invoice at all. But told one of our mutual friends "Can you believe that agent, trying to slip the $4k bill in there...?" This guy is a total narcissist and lying through his teeth. He text me "get it done, I want to keep this buyer, Im not paying another payment" and when the work was signed off on by the appraiser, he text "You're fucking Amazing" Now how can I recover the money? I was told because I'm not a licensed contractor I can't put a mechanics lien on him, but now I read that if you are the "laborer" that isn't paid, you can????
WashingtonI'm a GC. We had to fire a particular sub contractor for not performing. Not completing work and poor quality. We have proof, emails photos sent etc. I'm wondering what the proper protocol is for firing a subcontractor?
We also believe that he may owe some of his sub-subcontractors money as well. How do I confirm what our prime subcontractors and his sub subcontractors lien rights are? And if they filed a Notice to Owner? I know that typically we as the GC are supposed to receive copies but I haven't received anything. I actually have a lien waiver from him for his last payment which is a final lien wiaver.
Thanks,
Jim
Florida The windows company replace my bath room without the contact and lies over the replacement price? They are try to file a lien on my house, what is my consumer right ?
IllinoisHow do you dispute the unpaid balance of an unsigned contract if the work was deficient and the contractor filed a lien?
IllinoisThere is a lien against my property . I didn't receive notice of this until I received a letter saying I had to go to court on a certain date . I was out of town and could not make it back by the court date I sent a letter to the court saying I understood the amount owed . The issue is the home owner didn't pay me . Wouldn't he be liable for the debt ? It was for a foundation on his new house . I didn't file a lien . I should have but didn't . Also it long after 6 months before the lien as filed. Now I've just found out the lien is on my property and I'm in the process of selling . One more thing . the lien has a 9% interest rate on it . Is that legal ? Thank you .
MissouriIm a laborer who was hired by a man I know to refinish a rental property with him. There was no paperwork just a verbal promise of payment after job completion. After he was paid for the job he said he would meet to pay me. Its been 2 weeks and now he says hes not going to pay me. I reached out to the property owner and they told me not to contact them and they dont want to hear it. What can I do to receive payment for the 80 hours i put into this job?
MichiganOn October 1, 2019, I rented the back half of a rental in Phoenix, AZ. On first look, the unit was basically an Arizona room with one end walled off and then that split for a bedroom and future bath. What I thought was the owner, was the renter wanting to sub ease to help make his rent (this I found out after a couple of months) the bath was to be completed which it wasn't. After a couple of weeks of nothing happening, I asked if he needed help. (I'm a retired general contractor in AZ). He agreed, he would buy the material, I would provide tools and labor to build the bath. I do a little demo work and ask about the material and he states he is a little tight on money, if I could pick it up this month, we would settle at next rent. So I buy lumber, plumbing parts, etc. Come the end of the month, he' still broke, it carries over to next month and next. Finally, I confronted him on January 1 and he evicts me. Do I have any lien rights?
ArizonaWe have clients who rent to purchase. Prior to converting, they reflect on our paper as rental invoices with the same bill dates. These rentals are still utilized on a project the same way. Would these fall under the same or different lien right rules?
WashingtonCan I lien a project if I am not paid for hauling dirt into a project or for a project specific?
TexasI billed for a job back in November that is a Pay App. We have still not received this payment. I know November work is up for Liens this month, but if we haven't billed 100% per our contracted amount will us filing a lien possibly cause a mess later down the road if we have Change Orders that are added after we file this?
We have filed intents prior to this on this property. Should we just file another intent until we are done on this job and haven't received payment?
TexasCan a contractor foreclose on a home if they aren't paid? 4200$ for 8' by 5' floor demo???
Washington