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Right to Lien Questions
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Right to Lien
All States
If a job started over a month ago and we missed our deadline to send the preliminary notice, but we want to protect the work done for a later invoice that is within our preliminary notice deadline, can we send a preliminary notice to protect the work done for that invoice specifically? Even if it is the same project and has the same project number? We are a GC for a project in Wyoming.
WyomingWe have a spec home a builder built and 1 other large project that we just completed and the builder is not paying us and going out of business. We did not file a pre-lien but we are within 90 days from completion.
What are our options?
MinnesotaWe have a contract to install underground irrigation on a multi-use building. The contracting company is not operating at full steam any longer, they are reorganizing or selling or closing (???). We received a letter promising that they would make small payments on the remaining contract value but they haven't even done that successfully. We filed a lien but heard the property sold 2 days earlier. Any suggestions?
MontanaWe have a hoist and a scaffold on a property called Nobu Hotel with a GC named Centaur. They owe us for invoices from the hoist contract and scaffold contract. Is it ok to file one lien to cover both contracts? The project is located in Chicago, IL.
IllinoisSupplier has not been paid.
AlabamaI am a contractor, I was hired by a woman to get her house ready for sale. We did all she's asked and more. She refuses to pay and says we have not finished. She also refused to give a halfway check.
ColoradoI performed tile work for a GC I was being paid directly by him but I am not licensed ,the job was filed under his license and I was being paid directly and was supposed to receive a 1099 for my wages.can I still file a mechanics lien for the last 5k owed?I gave my final breakdown of 10k plus materials,this covered a bunch of repairs that were created by other trades and 5k in kitchen backsplash work.The kitchen work was performed last,a week after my email I received 5k.for the next 2 1/2 months no communication.I contacted the homeowners architect explaining my situation and requesting contact from the homeowners before I filed a lien,within an hour I received a call from the GC offering me 1/2 of what I was owed, I said no way nonetheless you waited 10 weeks to try this ultimately the conversation ended and I haven’t received any monies of the last 5k plus materials.can I still file a lien in nyc?i have emails as well as text messages promising payment as well as outlining all of the work.thank you for any input.
New YorkI was providing IT services for one of their clients from 10/22/18 through 5/23/19. My last payment was on 5/17/19 for work through 3/17/19. (It is normal to have a 6-week lag for payment.) They have not responded to emails requesting payment for work done 3/18/19 through 5/23/19. Some of the work was done remotely and some at the client site in NC.
New JerseyHi! I'm the President of an HOA in California. Over the last year, we have had increasing issues with our landscaping company. Their work has gotten really bad. They heard that we had gone out to bid for our work and they terminated the contract early. We did not pay our June monthly fee because we believe that we have offset against their fees for prior work that we paid for. We sent them a 4 page letter with over 50 pictures. Their response was to threaten to file a Mechanics Lien against us. I don't see how mowing lawns and trimming bushes would qualify as improvements to real property. Any ideas?
California After a flood in our church we asked a contractor to meet with the insurance adjuster and they reviewed the building together. We signed a $120,000.00 detailed contract complete with 30 pages of drawings defining the scope of the repairs. The contractor assured is that if anything was missed he would submit invoices for extras to the insurance company. We paid him 110,000.00 out of a depreciation check and the rest from savings the church had. Unfortunately we signed a contract that authorized direct payment to the contractor and a large final check went to him which included his extras BUT also our replacement costs. We only owed him 10,000.00 and we calculate he owes us at least 7000.00 to replace the money we took our of savings to pay him. When we brought this to his attention the insurance company asked him to explain and he responded with a convoluted invoice quoting Statement of loss numbers and other numbers with no clarification. We hadn't heard from him in 3 months so we requested AAA arbitration get involved so he is forced to explain how he was entitled to the full amount of the final insurance check. Now he has threatened a mechanics lien claiming we owe an additional $5000!
IllinoisA sub has filed an intent to lien with the property owner but did not send it to me as the GC nor the tenant.
ColoradoCan I file a lien against his property for non payment, what are my options? Can you please advise. Thank you.
CaliforniaTwo weeks after my upstairs bathroom project completed, my downstairs bathroom ceiling start leaking. We contact the same contractor who did our project. He came and check around the ceiling and told us that the leak was from the toilet in other bathroom (not the one he remodeled). So he said it was not his fault.
He ask if we want him fix the leaking ceiling. I asked him how much will cost us ? He reply "it will be hourly rates, same rates as the bathroom project contract and it will takes about 2 days after the plumber fix the toilet upstairs." We agreed so he and his employee spend 1 hour and 45 minutes taking the ceiling apart . The plumbers came the next day for 55 minuses to fix the toilet. Two day later, the contractor texted me with his rate, his employee's rate and he charges travel time and 20% mark up. We figure it will cost over $4,000 to fix the ceiling, so we did not asking he to come back to complete the work. We hire someone else.
A week later, we got an invoice for 3 hours each (contractor and his employee) and 2 hours of plumber plus 20% mark up. He never mention the travel time and 20% mark up until several days later via text and now he is threaten us that if we don't pay by certain day, he will file a lien again our property.
Can the contractor just NOT communicate any such charges IN ADVANCE and bill the consumer later day ? Do the we have to pay ?
Hope all make sense, please let me know if anything is not clear and please advise.
CaliforniaI am a customer who hired a landscaping company to build a paver patio and stairs off the back of my house. I paid for half of the project up front. The company did a terrible job on the patio and stairs. The patio is not at all level, the stairs are uneven and asymmetrical and I swear the picked the most blemished pavers they could find. They also poured sealant on some of the pavers and left it to stain. They have not fixed my sprinkler line they broke in the process. I feel they have not held up their end of our agreement and that until they have completed my project correctly, I should not have to pay them the remainder of the money.Does this company have the right to hold a mechanics lien against me if I tell them to pound sand and I’ll hire someone else to fix their mistakes?
WashingtonShould my supplier file a lien for the total amount in materials? If so should I file for the remaining balance or the full amount including materials?
Also, for my supplier to file is it necessary to send the notice to owner? We are very close but still within the 45 days to do so? If yes, what is the fastest way to do so because there are only 4 days left?
Thank You
Florida