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Right to Lien Questions
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Right to Lien
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We are a scaffold company. We were hired on a project in San Marcos Texas. the subcontractor who hired us disappeared and did not finish his work. During that time the GC/developer/owner began to use the scaffold we supplied and even paid for some of it. A different sub on the job used our scaffold without our knowledge and ended up removing it from the job site. one day it showed back up in a damaged pile in the back corner of the complex, unusable... long story short, we notified the GC that they would need to pay us for this and they we would continue to charge rent until the damaged scaffold was replaced. that has been since July 10th 2018. we have now finished the project as of Jan 05 2019 and picked up all but our damaged scaffold. with the rent and damaged scaffold they owe us $13,597.12 as well as two other invoices that are now past due in the amount of $4,393.75
Texas120 man hours in job prep and layout, cabinet design and hold fees. Customer changes mind on project just prior to contract signing. Customer doesn't want to pay bill for above services.
OhioHI, On a job that I'm owed $39K for a $900K project. I'mot able to get city approval for final inspection, due to unapproved plans for site drainage. I continued to work on getting that approval with the architect, engineer, and city. Site meetings and inspections happened subsequent to the client moving in. They are claiming I'm past my right to lien "90 days" from occupying on October 10. I had an inspection on 1/9/19. Does that count as continuing labor, as this is the service I provide as a GC? Subsequently, what are the penalties for filing a lien regardless of that determination?
CaliforniaExplained above
New YorkI understand that you have to submit a lien within 4 months, we are past the 4 months, but our customer was given some warranty product in December and February. Does this justify as materials being delivered,
ColoradoThe builder owed me money on a project and said that I needed to sign an unconditional Lien Waiver so the bank financing the job will release the monies to get me paid since the job was completed.I refused as I did not want to give up my Lien rights and so he drafted up a Promissory Note and signed it stating the amount of Monet owed and the payout structure and of course did not honor that agreement.
TexasThe situation is a contractor of ours is withholding payment from phase 1. Our last day on the job site was November of last year... so we know the time to lien them is over. However we are starting phase two next week and I wanted to put a lien on the new project on the first day we are onsite. Would you advise this?? How common is it for a trade to lien the contractor on day one???
CaliforniaMy customer right last portion of the check for 7,5k for completed project in Match 2nd and asked me to hold a check until March 22nd since she did not have enough funds before that day. (By signed agreement: Remaining payments need to be made after completion of project)
Check was returned and bank charged me $12 returned deposited fee
ColoradoWe sent an invoice in for retainage in Janurary and again in February. We know the GC is in legal with the owner already, but haven't received any updates from them. Can I file a 3 month notice in April and if no payment file the lien in May?
We are unsure of the proper steps to take. Your help is much appreciated.
TexasHello, We do 3D models and job site laser scanning of constructions utilities for contractor's use. Do we have lien rights as a business? Can we prelien projects?
CaliforniaWe had been furnishing rental equipment for a commercial project from October - December 2018. However, we only sent notices for the month of December totals. Can we file a lien for the amount the customer owes us in its entirety ($5,498.98) or only for the amount we sent notices for ($3,916.88)?
Thank you for your help.
TexasI was contracted by the business owner to make modifications inside his rented space. The business owner made it clear upon completion of work that he would not be paying. I went through the small claims process and a judgement was determined in my favor, but he still has no intent to pay. Prior to small claims I reached out to the property management team to inform them of my intent to place a lien and they responded with a threat to sue if we proceeded with a lien stating that, without a contract with the property owner, I have no right for a lien. If a mechanic lien is my right as a contractor, and the work was contracted with the proper business owner, do I really have no right to place a lien? Or is this incorrect?
TexasIt's not common, but we do have three customers who are the actual country clubs that have an in-house landscaper. They are buying the plants to install on their own property (Swimming pool, golf course, walking paths) - and none of it goes directly to any home owners in the sub-division.
I'm curious if Texas Lien Law will applicable in any way that I am the material supplier to the end user.
TexasWe are subcontractor hired by a general contractor on a residential job in San Francisco, CA to perform finish construction labor. The last day we were on the job was 24 days ago. If we filed a preliminary notice now would we still be able to file a mechanics' lien for this project? We are now in dispute over past due invoices and trying to find leverage in lieu of not having filed a prelim. Any suggestions on either of these?
CaliforniaI am a realtor and have supplied labor, marketing and $$ to a client. He decided to sell the house outside of my contract and has refused to reimburse me for $$ spent. May I file a lien against his property.
Arizona