The plumber I hired had a mitigation specialist come to my house to assess water damage and I signed documents for them to run a claim through my home insurance. Within 48 hours they wanted to demo my kitchen and bathroom before my claim was approved. I emailed company and called stating I wanted their equipment removed from my house and no longer wanted them to work on my home. I received a 20 day preliminary notice. I am in AZ. What does this mean? Should I be concerned that they have a lien on my house? I asked for a detailed invoice, but have not received it. The preliminary notice states $3000 for equipment and materials. What do I do?...Read More
We had a change order which increased the total amount of project. Would we submit a new Prelim notice for the new total or just for the change order amount?...Read More
Ok I am reading the updates on TN Lien Laws and I read "For home improvement contracts, additional “notice” language must actually be built into the contract between the general contractor and the owner. There are no notice requirements on such projects for parties other than direct contractors." Exactly what language needs to be updated in our contract, or what needs to be added to make sure that we are following state lien laws. I have a bunch of questions, so there will be many more to come below.....
Notice of Commencement Question:
The statement "Residential (Notice of Completion NOT simultaneously recorded and served): Lien and response (if applicable) required within 90 days of actual completion of project.", is this referring to Filing a Notice of Commencement and Notice of Termination at the same time. If not what does this mean?
The Statement "Residential (Notice of Completion Recorded and Served): Lien and response to Notice of Completion required within 10 days of date on which Notice of Completion filed." Does this mean that once a Notice of Completion is filed, we only have 10 days to file a lien? Also are we as the General (Prime)Contrator filing the Notice of Completion or is the owner.
This Statement "Yes, notice is required in Tennessee. As well as recording the Notice of Lien and Sworn Statement with the Register of Deeds in the county in which the property is located, the lien must also be given to the property owner. This may be accomplished by registered or certified mail, return receipt requested." Who sends notice to Property Owner? Is this automatically done through Levelset if lien is filed through levelset. If we file the lien through the county registers office, do they send the lien notice to the HO, or do we need to send this information to the HO?
I just want to make sure that we have procedures in place for and Apex is protected fully by these procedures. As collections manager it is my responsibility to make sure this happens and just want to make sure that I am correct in doing so...
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1. Is a 20 Day Preliminary Notice required for work on a PUBLIC high school (commercial project)?
2. Is a 20 Day Preliminary Notice required for work on a PRIVATE high school (commercial project?)
Thanks
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We were hired directly by a public school and we went to send a preliminary notice and found out that's not possible since we're technically the GC in this situation. We just want to make sure that we're not going to miss any timelines in case getting payment becomes a problem later on.
Is there anything we should do to ensure payment?...Read More
I'm the sub on a job in MA. The lien deadline calculator is telling me I have to file a Notice of Subcontract and then a Notice of Substantial Completion. Do I file these or does someone else? Do I file this before the lien? When I go to actually order the lien, it says I can file these both at the same time....Read More
We are a material supplier in CA and we are providing material for a job in Canada. Am I required to send a preliminary notice to secure our rights to lien if necessary? Project value is around $32,000. I understand you do not provide notices to Canada, but wanted to see if you can help me with the law. I am a current customer. ...Read More
We are a subcontractor. We would like to file a preliminary lien notice on a house that has been sold but not closed in North Carolina. If this possible?...Read More
I am the sub who is behind paying for his material because of disputes on another project. A rep from the supplier came to the job and threatened to lien the property. I tried to get an installment agreement to pay off the debt. The monthly I could afford was not enough so they demanded payment in full or else they would lien the property and go after my license. The general contractor freaked and paid them 5,000 and I was supposed to match that to keep the supplier from releasing the hounds. Well I somehow scraped that up but missed my mortgage payment which disqualified me from getting an equity loan which would have paid them off. I had already put time and money into making repairs on my house to qualify. Now the general wants to pay them again and deduct that from money that he owes me. I do not believe that the material supplier filed a preliminary notice, hence my question. Thank you....Read More
I am a subcontractor providing manufactured casework and architectural millwork for a new veterinary hospital in Wisconsin. In August, after the architect/GC approved shop drawings, the owner requested many scope changes. We submitted the cost impact of those changes as a change order request a couple weeks later. Those changes were followed by revised shop drawings including the new scope, and those drawings were subsequently approved.
Since that time, the owner has asked several rounds of questions about the costs, but also revised their request to reduce total cost...acknowledging that their actions had cost implications. The job went into production in November, without an approved change order. At the GC's direction, we were asked to meet the schedule and that the customer was committed to the expanded scope and that they would approve the change order.
After many promises to issue the change order, we still do not have that in place. The PM recently expressed concern about whether they would even get paid, but still said he would send the change order. Now the job is nearing an end and the absence of that document prevents me from sending an invoice for the total scope.
Last week I met with the leadership of the GC and had a very friendly and professional conversation about the issue. I think they were quite concerned that their PM didn't resolve this over the last five months and said they would investigate...though stopped short of promising to resolve to proper satisfaction.
The real question is whether or not I can use the process leading up to a Mechanic's Lien? There isn't an actual contractual obligation to pay me without the change order. So can I use a Demand for Payment letter? And can that be followed by a Notice of Intent to file a lien, with the Mechanic's lien to follow if necessary? If not, what other tools do I have for remedy if the owner continues to stonewall the GC?...Read More
Im a sub contractor that didnt file the job i finished in February until just now, the large GC who i worked for owes me well over 150k and has not paid me at all even after i finished the job 4 months ago and started it 9 months ago. its too late for the 20 day, so what should i do now?...Read More