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Substantial Completion
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A material company filed a lien on my property 10 months ago. They must bring actions no longer than 6 months after the project was completed. In Colorado, how do you define “substantial completion" or "project completion” ? It is when the project was ready for final inspection? When the Certificate of Occupancy received?...Read More
Anonymous Contractor
1 answerAdd commentJun 21, 2019
ColoradoLien DeadlinesLien ForeclosureMechanics LienSubstantial Completion
We are usually finished out part of the job before the entire project is over. How do I know when the project is finished and my lien deadline starts if the owner doesn't tell me? Also how long can they hold my retainage and is there a deadline to file a lien for retainage? ...Read More
Anonymous Contractor
1 answerAdd commentJul 9, 2019
LouisianaLien DeadlinesMechanics LienRetainageSubstantial Completion
In April 2017, we provided geotechnical engineering services for improvements to an existing single family residence and we did not get paid. The owner who hired us completed the improvements without our knowledge, In October 2017, the owner received a Notice of Violation from the County of Santa Clara. We believe the owner was trying to sell or rent the property. In this case, can we still file a lien? ...Read More
Anonymous Architect / Engineer
1 answerAdd commentOct 11, 2019
CaliforniaDesign ProfessionalSubstantial Completion
GC with very basic time and materials contract with property owner of single family home in Illinois. Work was completed, including by subcontractors, and client paid by personal check. Later that day, client started complaining that several things requested to be completed hadn't been done. Following day client claimed minor damages (paint splatter, scratches, etc) and demanded partial refund. If check is ultimately returned by bank for stop payment request or non sufficient funds is filling a mechanics lien still an option or would it be an improper filling because they "paid" and I would have to instead pursue remedies related to bounced checks? Also, would your company costs and county costs for filling a lien be able to be added to the lien claim amount? Property is being listed for sale this week....Read More
Anonymous Contractor
1 answerAdd commentOct 16, 2019
IllinoisMechanics LienPayment DisputesRecovery OptionsRight to LienSubstantial Completion
Typically, we work as a subcontractor on construction projects in California. Our work is usually completed at the beginning of the job. This means we may have months go by after our work before the full job is completed. All the while, there may be some money owed to us waiting until the end of the job. Especially retainage. We often are moved onto other projects pretty quickly and this money can start to pile up. It's hard to keep track. While mechanics lien rights could be useful to us, we don't know when notices of completion are filed, and therefore, when our lien rights window opens/closes. What are some best practices for us here? And can sending preliminary notice help?...Read More
Anonymous Contractor
1 answerAdd commentNov 18, 2019
CaliforniaLien DeadlinesNotice of CompletionPreliminary NoticeSlow PaymentSubstantial Completion
We build swimming pools and as the general contractor take out the building permit for the project. Five months ago the project was completed as far as construction was concerned. However, the renter at the building project has not allowed the city inspector to make a final inspection for the job. Does this fact play the project in "not completed" which would allow use to lien his property, or would the final work on the project be the determining date....Read More
Anonymous Contractor
1 answerAdd commentNov 25, 2019
CaliforniaMechanics LienNotice of CompletionRight to LienSubstantial Completion
I am with a general contractor working on a private sector construction project in Arizona. The architect / construction manager (same person in this case) is refusing to sign pay-app, stating that he disagrees with 100% complete on many scopes of work within the SOV’s. He claims more money than the agreed to retention is needed to insure sub-contractors make corrective actions such as punch list items. This has delayed payment for several months on a project that is 99% overall completed....Read More
Anonymous Contractor
1 answerAdd commentDec 24, 2019
ArizonaRetainageSlow PaymentSubstantial Completion
I am an investor and i contracted a contractor to rehab a investment property. The contractor walked off the job and advised me that he owed about 4 subs. the work that was owed to the subs had already been paid out. As an investor am I obligated to pay the subs...Read More
Anonymous Contractor
1 answerAdd commentJan 24, 2020
CaliforniaSubstantial Completion
My contractor wrote, “one year warranty” under Change Orders on the contract for my home and he also dated and signed this, “one year warranty” statement. In addition, I paid him the final draw that day with an Officers check from my bank and I have a copy of the Officers Check along with a copy of the Invoice for that final draw. All the aforementioned documents have the same date. I would like to know if this date is the date of significant completion or if it would be considered to be the date of significant completion by the courts as it looks like that may be where we are headed....Read More
Anonymous Contractor
1 answerAdd commentFeb 6, 2020
TennesseeConstruction ContractSubstantial Completion
In CA, a private commercial Work (Apartments) has received Temporary Certificate of Occupancy (TCO) from the City, and the owner's clients moved in on 11/11/2019. Our scope of work was complete on 01/30/2020, but the owner has not completed his requirements to receive a full Certificate of Occupancy (CO). Is the "Completion Date" set as "Occupancy accompanied by a Cessation of Labor", or upon "Acceptance by a public entity"?...Read More
Anonymous Contractor
1 answerAdd commentFeb 19, 2020
CaliforniaLien DeadlinesRight to LienSubstantial Completion
I'm filing a lien on your website and it's asking for the date of substantial completion. My company left the project in September but I know they were still on the job in December. If I'm no longer in contact with the GC how should I proceed?...Read More
Anonymous Subcontractor
1 answerAdd commentFeb 25, 2020
ArizonaLien DeadlinesSubstantial Completion
Hello - question; we are a general contractor, who contracted a cabinet subcontractor for a residential project. Have been trying to for 6-8 weeks to get sub back onsite to finish cabinets, as not complete/onsite and many outstanding corrections. Sub has placed a lien and stop notice and is demanding payment of invoices (which would equal 97% paid) of contract balance, there is excessive outstanding cabinet corrections, missing cabinets and incomplete finish carpentry. To date have paid 86% of subcontractor contract. $796,112.78 Total Contract $682,395.00 Paid to date $113,000.00 Balance $78,000.00 Approved bank funds, HOLD/not paid due to non-performance $26,000.00 Balance (apprx) $80,000.00. Demanding pmt of : $110,000.00 Per contract outstanding work/cabinets not completed equal If we hire another sub to complete just corrections only, $38,500.00. Lien has stopped all funding project. Cannot pay other trades currently. Tried all avenues to come to terms, perform or quit, partial pmt, progress pmt, will not meet to review pickup list, requested schedule for completion. Only feedback is demand to pay invoices. The lien/stop has not recorded at this time. Client has engaged a lawyer (non Construction) to pressure to resolve legally. What can I do to resolve or pushback to sub to completed/get project completed, and/or release lien/stop notice. Lien/Stop notice filed in vengeance, as substantial outstanding work, sub not workable to agreement. Holding up entire project. Thank you for your assistance. ...Read More
Anonymous Contractor
2 answersAdd commentMar 27, 2020
CaliforniaBonding Off LienConstruction ContractLien on FundsMechanics LienPayment DisputesSubstantial Completion
The organization is in need to finish this project for several reasons. 1. The staff members are without a home as of right now, and desperately need to have us finish this project, so they can move in. 2. Financially we only have a certain amount of time to finish this project. Is it possible that we can proceed with a small crew and finish this project?...Read More
Anonymous Contractor
1 answerAdd commentApr 13, 2020
MichiganCoronavirusSubstantial Completion
The situation is as follows: My company is both a manufacturer and subcontractor for custom cabinetry & woodwork projects. We were hired to produce a custom cabinetry/woodwork project around October 2019 or so for a NYC based Contractor who's client is also a NYC resident. We performed the manufacturing work in our shop and have completed the manufacturing portion of the project before the year's end. The only thing missing was a lighting detail in question that we sought to resolve and has since been left unresolved by the GC. We also attempted, several times, to find out from the GC when we could schedule a time to deliver and install the finished work. Our requests were essentially pushed off and ignored. Our contract for this project states that the remaining 50% of our balance is due on completion of delivery and install. Now, I realize contracts are contracts however, due to COVID-19 and considering it's now APRIL 2020, we have no way of delivering and installing the work because the building the client lives in has a total restriction on any and all non-essential construction work. The fact is, we've been more than reasonable and accommodating with this GC, their client and the work. The result has been a loss of income on this project. We have a long history with this contractor where we've done several projects on good faith without paperwork. Regardless of that, we sent the GC photos of the completed work per his request which he did nothing with. We then tried to negotiate with them where we proposed to A. waive the installation cost and B. requisition payment for manufacturing work completed in the shop. They got belligerent with us and called us "opportunistic" due to the viral pandemic sweeping the world and have the emails to prove it. Our goal isn't to stress anyone out, especially during a pandemic. Our goal is to be fairly compensated for work completed prior to what has happened - where they, as a general contractor - had a big part in causing us to have a loss of income. So with all that being said, my question is: Despite our contract with this GC, considering our loss of income and the Corona virus pandemic - do we have a right to file a mechanics lien on this project?...Read More
Anonymous Contractor
1 answerAdd commentApr 21, 2020
New YorkCash FlowConstruction ContractCoronavirusMechanics LienSlow PaymentSubstantial Completion
I was contracted to do a job and perform many of the required items on the punch list final day of work customer refused to let us finish and then said would not pay the balance due which is 40% of the entire project retaining all materials and basically refuses to pay is that any way shape or form OK legal for any reason...Read More
Anonymous Laborer
1 answerAdd commentMay 17, 2020
KansasBack ChargesCollectionsSubstantial Completion