I'm a subcontractor, I completed all the flatwork for a new construction home. I have done multiple projects for the General over the last 3 years without any problems. This project they took my invoice and modified it, claiming they don't pay for incidentals, or materials used on their projects other than the labor to complete the project. I use the same template for every invoice and list the same line items on every invoice, which they have paid every time until now. They actually paid a portion of this invoice immediately upon receipt, but They are attempting to reduce the final invoice from over $6K to just over $1K. In correspondence they admitted that the bank and their customer both approved my invoice payment, yet they are refusing to pay. The job is also 3 hours from me, so I have a substantial amount of time, fuel, per diem, travel costs, labor, and out of pocket materials tied up into this project. What do I need to do?...Read More
We are a GC that did TI work for a restaurant at an airport. We purchased a P&P Bond. We are having trouble getting paid for the work due to COVID and CF issues. What can we do to protect ourselves?...Read More
Can undocumented laborers file a lien if they aren't paid? I just watched Immigration Nation on Netflix where the laborers came in to South Carolina to work after Hurricane Michael and did a bunch of work for Winterfell Construction, but didn't get paid. I was wondering why none of the immigrants have tried filing a mechanics lien against Winterfell or the owner, Tommy Hamm. I haven't seen anything in the laws that would prevent it.
Of course, the company they filed a lien against could just report them to ICE, since they have to provide their contact information on the claim. Is there any way for a laborer to file a lien and protect their identity at the same time? Can someone else file a lien on their behalf?...Read More
We are a small stair company that works as a subcontractor on very large jobs in NYC. We do our best to submit the pencil reqs accurately and on time but if there is an issue or disagreement about payment it gets bounced out and cannot be re-submitted until the following month. It takes a lot of time and effort to constantly chase money from these contractors. When it does get through we usually don't see the money for at least 45 days, sometimes longer. Just looking for the best way to handle this....Read More
We're a GC in California, completed emergency mitigation services for a homeowner, submitted AOB and direction to pay to insurance company, they issued two party check to homeowner and their mortgage company. What do we need to get paid directly?
Adjuster is claiming the mortgage company has to be included based on the dollar amount, is that valid?...Read More
Our company fabricates exterior metal wall panels for Commercial/Residential/Federal/State buildings. Almost all of our costs are incurred prior to shipping the panels to our customers. We provide shop drawings and engineering services, order the materials for the panels, and fabrication labor all prior to delivery. Since the majority of the documents for lien rights are based off of shipping/delivery dates, we generally send the preliminary paperwork upon shipping. In this case, we have provided the service for the shop drawings and engineering (customer has paid for these services), and have ordered and received the materials for fabrication (customer has failed to pay for materials - received and invoiced in November 2022). No preliminary notice was sent, as no panels were delivered to the job site yet. The job site is in Scottsdale AZ, (Housing/Apartment Complex) Can we still lien? What options do we have prior to looking into a lawsuit?...Read More
Construction project in iowa county library. Have not been paid for completion
What do I do. The job was completed in March. Do I send a demand or a payment letter since it is a public job? No lien can be filed for public jobs ...Read More
I am a subcontractor working on a commercial project. My GC and I had a personal dispute, (the GC failed to pay me for 5 months on an unrelated job for the State of Arizona, and my "letter of intent to lien" gave notice to all interested parties of their failure to pay their subcontractor- this resulted in d the GC will no longer be hired for any future projects for the State of Arizona) therefore, in turn, the GC retaliated for my request for payment by terminating the remainder of all contracts with me in progress, (all unrelated) as well as any future contracts. However, there have been two payment applications already submitted for completed work. What are my lien deadlines, and are they affected by the early termination of our contract without cause? ...Read More
I worked on a project for a GC with a subcontract agreement to subtract actual payroll costs from the subcontract during the progress of the work. The GC wrote in the subcontract that I would be compensated the remaining delta. They provided the materials. I provided the field sampling and laboratory testing via 3rd Party. The GC is unwilling to submit a significant change order for the benefit of the subcontractor due to his relationship with the owner. The outstanding change orders for unforeseen conditions, winter concrete protection, and filling voids in substrate exceed $50,000. The remaining balance of the subcontract also exceeds $50,000. Please advise....Read More
One of our vendors wrote to the Prime on a gov't construction project that our invoice was behind. They have not filed a lien - just an email. A partial payment has been made, which they have acknowledged to the Prime. The Prime is holding Pay Apps from Dec & Jan because of this and now wants a waiver from the vendor in order to release the check. I am new to this, so I'm not sure if this is all legit. Thanks!...Read More