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Right to Lien Questions
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Right to Lien
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We are a small swimming pool maintenance and repair company. We were contacted by a homeowner to help with a inground hot tub remodel. Are part of the job was just to replace all of the old equipment with new equipment and make sure everything is working correctly. We also helped finding a company to do the replastering. The owner signed the bid and gave us 50% down which was used to pay for half of the plaster and the equipment. The job is now completed and the owner is refusing to pay the rest of the bill. He is trying to say he wants it inspected and that we should have pulled a permit. Which I have verified we didn’t need to do, since no upgrades were done. Because we didn’t file a pre- lien within 20 days of starting the job do we have any other options to file a Lein now or do we have to take him to civil court?
UtahThe building i have a project in sent me an indemnification to sign, the last paragraph was this.
"In addition to the foregoing, Contractor shall not file mechanic’s liens against the Condominium’s
premises for any claims arising from work performed by Contractor and/or its subcontractors in
connection with the alteration of the referenced apartment"
New YorkI am a home owner. We hired a licensed contractor to renovate a property we purchased. He walked off the job with the contract less than 1/4 fulfilled. Additonally, the work he did was shoddy. Can I file a lien against his company? What is my legal recourse?
MississippiContractor sent notice of intent to lien the day after we paid him. What do I need to be concerned with?
OklahomaCan a general contractor retain a certificate of occupancy as any sort of leverage for unpaid debt to the Contracting company?
North CarolinaWe are the winning bid Subcontractor for a public property project in Palo Alto, CA. The GC's subcontract provides: "12. LIENS. Subcontractor shall at all times indemnify and save Contractor and Owner harmless against all liability for claims and liens for labor performed or materials used or furnished to be used on the job, including any costs and expenses for attorney fees, premiums for bonds required by title company or Owner, and all incidental or consequential damages resulting to Contractor or Owner from such claims. Further, in case suit on such claim is brought, Subcontractor shall defend said suit at its own cost and expense, and will pay and satisfy any such lien or judgment as may be established by the decision of the court in said suit. Subcontractor agrees within ten (10) days after written demand, to cause the effect of any suit or lien to be removed from the premises, and in the event Subcontractor shall fail to do so, Contractor is authorized to use whatever means in its discretion it may deem appropriate to cause said lien to be removed or dismissed and the cost thereof, together with actual attorney fees, shall be immediately due and payable to Contractor by Subcontractor. Subcontractor may litigate any lien or suit above described provided it causes the effect thereof to be removed promptly, in advance, from the premises, and shall further do such things as may be necessary to cause Owner not to withhold any monies due to Contractor from Owner by reason of such liens or suits. Notwithstanding anything to the contrary set forth above in this paragraph, Subcontractor shall not be construed to be foregoing its lien rights in the event of a dispute over payments due for services rendered and materials furnished to the Project."
Is this typical and fair for a public property project in CA? Do we have any lien rights in CA? Please advise. Thank you!
CaliforniaIf I worked thru a company hired by the owner and the agreement I have if thru them never met the owner can I file the lein on his property .or do I file against the contractor I was hired thru.
OhioCan we stop work if we have not been paid for invoices dating 30 days or more?
South CarolinaI am looking through guidelines for Montana, and they all state a Notice of Right to Claim a Lien must be filed within 20 days of the first date labor/materials are provided. We will be starting a job on February 3, but I want to file the NORTCL as soon as I can. Am I able to go ahead and order this or would it be rejected if I chose to file the NORTCL prior to February 3 when the job begins?
MontanaOur General Contractor previously offered in writing, verbally, and written on invoices delay credits AND offered in writing, verbally and on invoices covered expenses that accrued without our knowledge (and only being informed of after the fact of their completion). The relationship soured towards the end of the project and now he has generated a fraudulent invoice to include these fees, charges, and expenses that were previously in writing, verbally, and noted on invoices as being not part of the owed expenses for renovation. He has threatened a mechanic lien on residence. Do we have a case to prove intentional and willful fraud?
South CarolinaThis is a two part question: first regarding liening a property seek payment for work performed and second about my ability to seek damages for lost earnings against someone who is trying to prematurely exit a construction contract.
I have an executed construction contract with a customer. I began preliminary work on the project (tree removal, dirt work, obtained permit, window and door review, etc.). Then the original bank came back to the customer with an appraisal much lower than contract value. I recommended another bank for the customer to use, however they decided to go with another bank - Iberiabank, which required a lot of personal and financial information from the builder which I voiced displeasure with but told the customer that I would be happy to jump through any hoops if this is the bank the customer felt strongly about using.
At this point the customer told me that they wanted to put the project on hold and asked me to send them an invoice for my work completed to that point. I sent them an invoice (~$6,000) for the work that had been preformed on the property as well as my time. They responded to this email that they would not pay my invoice until provided with detailed subcontractor invoicing and that due to my unwillingness to work with Iberiabank (not true) that they desired to cancel our contract.
Up until this point our relationship had been very cordial. I believe they have found another contractor that offered a lower price and are trying to find a reason to cancel our contract. I would like to know my best course of action to 1) receive payment on my invoice 2) seek any damages for an early contract exit - this was a significant project and potentially represented around $100,000 in profit
LouisianaI am a licensed design consultant in Georgia. I had a retainer contract signed and deposit paid. After 5 months of endless additions and delays - the affluent business owner refuses to pay.
I filed a lien and lawsuit again him. The deposition is in days and court in a week.
I am told,"THE PROBLEM IS THAT IF YOU ARE COLLECTING AS A "LICENSED" CONTRACTOR AND YOU ARE NOT A "LICENSED CONTRACTOR", YOU CANNOT COLLECT."
I do not believe this is correct, but my lawyer will not read the link of your website I sent the map of "same mechanics lien rights" for Georgia.. Should I give up and lose 5 months of work - that I was contracted.-
GeorgiaIt's very simple. As an architect that has provided building design services for a proposed building in SC have the same lien rights as a contractor that provides actual labor and materials?
South CarolinaI am a home owner. We hired a licensed contractor to renovate a property we purchased. He walked off the job with the contract less than 1/4 fulfilled. Additionally, the work he did was shoddy. Can I file a lien against his company? What is my legal recourse?
MississippiHere is the situation:
I am the GC and one of my sub-contractors has not paid their supplier. Now that supplier is demanding payment. I want to ensure that he will not come after me or my client. Please help!
New York