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Slow Payment Questions
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In California once a lien is filed on a property I have 90 days "after" recording the lien to file an action. So I have read it on several legal & law sites.
It is my understanding that the day has 24 hours, typically counted midnight to midnight. It is also my understanding that "after" in the English language means, after that day of the filing and thus aforementioned day is not included. Otherwise it would not, could not be 90 days. It would be only 89 days.
As a fictitious example: if I register a lien at 3:55 PM at the recorder's office there's nothing thereafter I can do on that day as all government offices close at 4 PM. If hypothetically there would be a government office that operates 24/7 and I record the lien at 11:55 p.m. I would effectively have only 89 days and 5 minutes.
A lien was recorded at the recorder's office on August 1, 2018 (no time stamp). An action was filed, after the fruitless settlement offers, on October 31, 2018 10:51 AM
My action was filed and deemed [suspiciously] on the 91st day after a few month long fruitless attempts to settle and work out the payment issues with the client.
Also, between August 1 and October 31 is at least one official government high holiday; Labor Day. Everywhere else and everything else I looked up in this state or other states it appears that government holidays do not count as well as counting begins after the filing day for obvious rational and correct reasons.
So what is the jurisprudence and truth in California in all this?
With kind regards,
Rob
CaliforniaCan a contractor require full payment of payment and performance bonds before paying a sub-contractor a draw?
North CarolinaI recently did a job for a prime at the army base in Washington state JBLM, I was the the sub for a pharmaceutical company out of California we built a mezzanine that was not to spec but their drawings. We used all of the materials in the bid and delivered on time. I told the prime in two emails I don't think we should build this due to them reducing the material size. I even offered to mail a money order back they insisted we build the structure. It did not pass final inspection, and now the wont pay me. They are now claiming to sue me. I told them this was a bad idea no certs, no stamps no engineering? Permits? I am out a great deal of money and the ARMY is also mad at the prime, which I did tell the army "If you hire shit primes you get shit work" The army told me they always take the cheapest bid, The prime had clearly stated in email that they were liable for engineering permits and design. We finished our project without final payment $13,500. I am curious how to proceed Brandon McDannel 206-661-0729 Brandon@Ballardmarinefabricators.com
WashingtonI have filed a mechanics lien against a contractor and the home owner. I have now received a counter sue claim that I must address in court 6/1. I am looking to find out the best way to present the evidence that I have indicating that the general contractor agreed to my services verbally and partially paid one invoice which I believe would be 'consideration' to verify we had a deal. The general contractor is saying we only verbally agreed on $3,500 when in reality I suggested it might be that amount but it would depend on how much work the project needed the I would send him the total price. I never agreed to $3,500. The counter sue is now asking for the lien to be removed and for me to pay his lawyer bills associated with this case. I would like to counter his claim and sue him for the total that is owed to me for two jobs along with the legal fees needed to counter his lawsuit. Please advise and thank you.
MassachusettsWe are a contractor just finishing a commercial T&I and getting little to no response on payment of contract and change orders. Can we file a lien?
ArizonaI worked in 2017 as an independent contractor for a company that built and coordinated the installation of high-end retail window displays. We had worked together for years but payments started taking longer and then became partial payments used to keep the next job going. Eventually the payments stopped. I've been able to get a few payments over the years, however I am stilled owed close to $10,000. Do I still have any legal rights in this instance or have I simply waited and been stringed along for to long? The particular store for this time period was Hugo Boss. I worked in California and the company hired me from New York rather than sending their own employees across the country.
Thank you for your time.
CaliforniaWe are a steel light pole company that supplied the City of Denver with Light Poles and Anchor Bolts. They said they were going to pay us for the final invoice months ago these last 2 invoices were due back in May 2020 and July 2020. Is there anything we can do to get paid on these. The AP we were talking to has gone dark and I am not sure what else we can do considering they are a city. and we never had a lien notice or anything set up from the beginning I was told by our controller they are a city and are backed for payment....
ColoradoContext:
I have a client who refused to make a final payment, as well as payment on a portion of a change order. Now the client is calling to request we come back and fix work due to the implied warranty period.
When we were called back on the warranty claim, the property was not in the same condition we left it. We do have photos to support this.
The client and our company agreed to stop the work and call the contract complete due to the fact that it was clear that the client was not going to pay and would continue to be unsatisfied although we went above and beyond in not only fixing issues while under contract AND after not being paid, but also in terms of customer service.
My question: what is the warrantability of unfinished work?
Californiapromised payment in 10 days ... its been 100 days....
GeorgiaIf I work for a Property Management company. (Aka Gallant Building solutions, Lakeside project Solutions). their payment terms are 45 days net, putting me outside of the 30 day window to file a lien in Wisconsin.
Is there any laws that pertain to this type of service? What are my options to collect, if building maintenance service fails to pay?
WisconsinSubstantial completion of a project has been completed. The path of travel on the exterior portion of the building needs to be rerouted and architect is changing plans to maintain ada compliance. Its been 6months now waiting on the architect and owner will not pay me until the path of travel is corrected. What can I do to get paid? The amount is 30% of the contract equating to about $31000. Should I file preliminary lien documents?
CaliforniaI sent a lien for our project called RCloud. Since I sent the lien, the GC has made one progress payment. We are still owed $218,602.80 which includes unbilled retention.
The GC is asking if I've updated the lien amount to reflect the new balance since they made a payment. Is this something I need to do? Or does the lien amount remain in tact until I'm paid in full?
CaliforniaWe have completed a project for a commercial project. First payment was paid with no issues. Second payment was 21-30 days late depending on what type of grace period you are willing to give. Our third payment is being held up due to not being able to provide supplier lien waivers. I explained that if the second payment had be paid when it was supposed to our supplier would have been paid. The third payment was going to be used to do this. They only want to release enough monies to pay our suppliers then release the rest later. There is wording in the contract about supplier lien waivers but there is also wording in the contract about the contractor and owner not being held liable for a sub not paying their supplier bills.
Any thoughts?
Travis
North CarolinaI am an architect and I drew a plan set for a common homeowner. The county in Indiana he lives in required that they be stamped by an engineer. I had my structural engineer look over the project and stamp the drawings. I operate my design company as a DBA. Long story short... I sent the stamped drawings to the customer nearly 2 months ago and since them he wont return my phone calls, emails, etc... I sent an invoice through the mail and via Paypal with no return. I've already payed my engineer for looking them over and stamping them. So can I file a lien on him or his property? The address I sent them to is owned by a different person who I believe to by a relative...possibly the inlaws of this guy. I didn't a people finder search on him and discovered that he has been sued many times in the past and there have been several liens filed against him before. So its becoming pretty obvious that this guys isn't going to pay me. My question is should I file a lien, take him to small claims court or so suck it up and loose the money that is owned to me. The bill to him was for just $1,067.35. I quoted the project to the gentlemen and he agreed to the price. I didn't take a down payment and we didn't sign a contract.
IndianaI am a contractor that completed a remodeling job on a residential duplex home in Louisiana for someone that lived in another state. After completion of the project, she started putting a lot of excuses for not paying. The total cost of the project was $47,000 but as the project progressed, she started making changes to the initial proposal. All changes are recorded via text messages of her agreeing it would be more money than the initial proposal. In January of this year I received her the last payment. She still owes me $7,000. I followed up requesting payment but she didn't want to pay. I wanted to know if I could send a demand letter citing to prompt payment statute before filling a suit.
Louisiana