Work on home was approved by the executor of the estate. However, on the day before work was completed the homeowner passed away. The home's caretaker asked us to complete work as it would need to be completed in order for them to sale the house. Now the executor is refusing to pay for the work completed. We sent a preliminary notice but were just told by zlien that we can't lien the property through an owner designee. Since the owner is no longer living, what recourse do we have to collect on the almost $3000 invoice? Thank you for your time....Read More
As a subcontractor filing a prelim 20 day notice for a project that we were required to have a payment and performance bond, do we need to include our bond information on the prelim notice, or only include bond information if the GC has a bond on the project?
Thank you...Read More
Currently we have a project that is at 95% complete, due to some issues we have been notified that we will not be finishing the project and another general contractor has been hired to finish the last 5%. we have only been paid to approx 75% completion and the balance owed to us just for the last bit of work. Currently we are owed 11500. just for the work that was done. Can we now proceed to file a lien because they won't pay us or do we need to invoice them and have it rejected? I notice the law uses the term at completion but technically the job isn't complete yet and we won't be completing it so can we not file until the other contractor completes the project. Just looking for guidance so when we do file the lien its in the proper order of operations and at the correct junctures of the project.
Thanks!...Read More
We are at the end of a home remodeling project, and have paid partial amounts along the way. We received our final invoice and it includes change orders that were not at the price given by the contractor. It also includes a 4 month old bill for HVAC subcontractor stating that it is a change order, and that we owe it (plus the contractor's 20%). Our contract states these changes must be agreed in writing by both parties. There is no communication regarding this bill or that it wasn't part of the original contract.
I told him we disagreed with these items, and included his e-mails with the original $ amount for the approved change orders. I said we felt the HVAC was not a change order, and was part of original contract. I then said how much I agreed to pay. He replied that he disagrees and full payment is due otherwise no more work will be done (a minimal amount it left).
Today, I received a prelim 20 day notice (that he mailed before he sent our final invoice). I'm worried he can file a mechanic's lien even though he seems to be breaching his own contract. I had given him a partial payment of $5000 instead of $9700. After my calculations, I feel I owe him another $1000 or so. I'm not sure what to do next?...Read More
Hired a roofing company to repair a leaking problem. They came assessed the problem and gave me 2 different options. I signed a contract clearly stating option 1. The repair work happened and the bill for $1,712.00 was paid in full. I just received an email a couple days ago from this company requesting payment for the 2nd option that I did not authorize but they say they did. What are my rights? I feel like I'm being taken advantage of because I don't know exactly what was or was not done to my roof and I'm worried that the company will put a lien on our home for work we didn't authorize to be done....Read More
I'm working as the Architect / Engineer on a project in Arizona. If we’ve already since a Pre Lien Notice to the owner of a property, but now we’re working for a different client, do we need to send another notice?
Same Owner / property….different client....Read More
The building owner received 20-day preliminary lien notices that listed the wrong address for the location of the construction activity. No correction was sent.
Should the subsequent lien waivers list the correct address of the work, or the incorrect address shown on the preliminary notice?...Read More
Customer hired our company to remodel his gym, and has an outstanding balance and keeps delaying the payment. The first and last invoice was paid by his finance company. He still owes the second invoice of close to $40,000.00...Read More
Our existing process has been to update the primary contract pre-lien with the subsequent change orders. This however does not favor the sub-contractor, as I don’t want the lien dates to be continually reset for relatively small change orders. I would prefer, if the change orders are over $1000, to submit pre-liens on those and let them stand on their own.
I have an example of a primary contract order of approximately $150k. The primary job is now complete and I want the lien clock to start, so I will press for final payment within 60-days, on the outside. We may be getting a change order for around $1500, which I would like to treat separately and not reset the clock on the main job.
Is this an acceptable approach and fall within the lien rights of sub-contractors?...Read More
We are a supplier in the state of AZ. We are supplying material to a subcontractor on the job. The job is for several production lots/common areas in a new housing development that are currently being built/owned by a developer or GC but will likely be sold to a home owner and/or HOA at a date in the future. ...Read More
Our company's corporate office is located in Las Vegas but we have an office in AZ. If we were to file a lien in AZ and needed to provide the license number, would we provide the branch or state number?...Read More
We recently filed a mechanics lien against a client. Unfortunately he sold his land in August. Today a legal company has called to talk to an officer of our company. The owner asked that I reach out to see if we should call back . We dont know if the company is working for the client or what their intentions are....Read More